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.