SGN S.B. 51 75(R)BILL ANALYSIS


CORRECTIONS
S.B. 51
By: Shapiro (Allen)
4-28-97
Committee Report (Amended)

BACKGROUND 

Currently, Texas law does not impose any sanctions against an inmate who
contacts the inmate's victim.  S.B. 51 would forfeit an inmate's good
conduct time in the event the inmate contacts the victim if the victim is
younger than 17 at the time of the commission of the offense.  This bill
provides exceptions for cases in which Department of Criminal Justice has
received written consent from the victim's parent or the victim, if the
victim is over 17 at the time of giving consent. 

PURPOSE

As proposed, S.B. 51 prohibits an inmate from contacting a victim of a
crime for which the inmate is serving a sentence under certain conditions.
Provides that the inmate's good conduct time will be forfeited for
violating this prohibition. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority in SECTION 1, Section 498.0042(a), Government Code,
to the Texas Board of Criminal Justice. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 498, Government Code, by adding Section
498.0042, as follows: 

Sec. 498.0042.  FORFEITURE FOR CONTACTING VICTIMS.  (a)  Requires the
Texas Board of Criminal Justice to adopt rules that prohibit an inmate in
the institutional division or a transfer facility from contacting by
letter, telephone, or any other means, either directly or indirectly, a
victim of the offense for which the inmate is serving a sentence, if
certain conditions are met.  

(b)  Requires the Texas Department of Criminal Justice to forfeit all or
any part of the inmate's accrued good conduct time, if during the actual
term of imprisonment of an inmate in the institutional division or a
transfer facility, the inmate violates a rule adopted under Subsection
(a). Prohibits the department from restoring good conduct time forfeited
under this subsection.   

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1997.

SECTION 4.  Emergency clause.

EXPLANATION OF AMENDMENTS

Committee amendment number one provides that the Department of Criminal
Justice shall adopt policies, instead of the Board of Criminal Justice
adopt rules, to prohibit an inmate from contacting a victim.