SGN H.B. 2918 75(R)BILL ANALYSIS CORRECTIONS H.B. 2918 By: Place 3-26-97 Committee Report (Unamended) BACKGROUND In recent years, the legislature has doubled the punishment for violent and sexual offenders, and dramatically increased prison capacity in order to hold those offenders longer. However, safety concerns still exist with regard to imprisonment, supervision, and parole of violent and sex offenders. Current law limits sex offenders to no more than ten years for those sentenced to community supervision. Under this bill, upon determination by a judge that a defendant has not sufficiently demonstrated a commitment to avoid future criminal behavior and that the release of the defendant from supervision would endanger the public, the judge may extend the period of supervision for up to ten years. The bill gives TDCJ more discretion to classify inmates, whereby the department can make any good conduct time dependent on the inmate's participation and treatment. The classification system has a direct impact upon parole consideration. In order to make similar changes for violent and sex offenders on parole, the other part of this package is found in the Appropriations Bill, which will include approximately a twenty million dollar expenditure to monitor violent and sex offenders on parole through global position monitoring, use of intermediate sanction facilities, and electronic monitoring. PURPOSE To impose restrictions on those offenders whose release would endanger the public by extending the period of supervision, and to reduce or eliminate parole eligibility for violent and sex offenders through reclassification of good conduct time based on the inmate's adjustment and participation in programs. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3(d), Article 42.12, Code of Criminal Procedure, (Judge Ordered Community Supervision), by adding Section 22A as another manner in which a judge may increase the maximum period of community supervision. SECTION 2. Amends Section 4(c) Article 42.12, Code of Criminal Procedure, (Jury Recommended Community Supervision), by adding Section 22A as another manner in which a judge may increase the maximum period of community supervision. SECTION 3. Amends Section 5(a), Article 42.12, Code of Criminal Procedure, (Deferred Adjudication; Community Supervision), by adding Section 22A as another manner in which a judge may increase the maximum period of community supervision. SECTION 4. Amends Article 42.12, Code of Criminal Procedure by adding Section 22A as follows: Sec. 22A. EXTENDING SUPERVISION PERIOD FOR SEX OFFENDERS. (a) Enables a judge to extend the period of supervision at any time during the defendant's supervision period for a defendant who is placed on community supervision after receiving either a grant of deferred adjudication or a conviction under Section 21.11(Indecency with a Child), 22.011(Sexual Assault), or 22.021(Aggravated Sexual Assault), Penal Code. (b) Enables a judge to extend the period of supervision for up to 10 years upon a determination that the defendant has not sufficiently demonstrated a commitment to avoid future criminal behavior and that the release of the defendant from supervision would endanger the public. (c) Provides that a judge may extend a period of community supervision only once under this section; however, the judge may extend a period of community supervision for a defendant under both this section and section 22(c); and that part of 22(c) which prohibits a period of community supervision from exceeding 10 years does not apply to a defendant for whom community supervision is increased under this section or under both 22(c) and this section. SECTION 5. Amends Section 498.003, Government Code, by adding Subsection (f), which allows TDCJ to establish a classification system which requires inmates to diligently participate in treatment if the department determines that treatment is necessary, and which makes the award of good conduct time dependent on that diligent participation. The classification system is based on the classes listed in Section 498.003(b), Government Code. SECTION 6. The changes in law made by Sections 1-4 of this Act apply only to a person charged with or convicted of an offense committed on or after the effective date of this Act. The change in law made by Section 5 of this Act applies only to an inmate of TDCJ serving a sentence for an offense committed on or after the effective date of this Act. A person charged with or convicted of an offense committed before the effective date of this Act is covered by the law in effect when the offense was committed. SECTION 7. Effective date: September 1, 1997. SECTION 8. Emergency clause.