SGN C.S.S.B. 663 75(R)BILL ANALYSIS CORRECTIONS C.S.S.B. 663 By: Whitmire (Place) 4-30-97 Committee Report (Substituted) BACKGROUND In 1993, the 73rd Legislature passed legislation which allowed certain low-level drug and property offenders to be sentenced for up to two years imprisonment in a state jail facility. Currently, on conviction of a state jail felony, a judge is required to suspend the sentence and place the defendant on community supervision if the person is a first-offender, and a judge may require the defendant to be incarcerated as a condition of probation. This legislation makes all probation discretionary while allowing direct incarceration of a defendant. In addition, C.S.S.B. 663 establishes the supervision of those defendants and the facilities in which they may be confined. PURPOSE As proposed, C.S.S.B. 663 establishes the authority of a judge to place a defendant convicted of a state jail felony on community supervision, provides for the supervision of those defendants, and sets forth the facilities in which those defendants may be confined. 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 Subsections (a) and (g), Section 15, Article 42.12, Code of Criminal Procedure, as follows: (a) Authorizes a judge, on conviction of a state jail felony punished under Section 12.35(a), Penal Code, to suspend the imposition of the sentence and place the defendant on community supervision or order the sentence to be executed, rather than requiring a judge, under the same circumstances, to suspend the imposition of the sentence of confinement and place the defendant on community supervision, unless the defendant has been previously convicted of a felony. (g) Sets forth the terms by which the facility director of a state jail felony facility is required to report to a judge who orders a defendant confined in the facility as a condition of community supervision. SECTION 2. Amends Subdivision (2), Subsection (f), Section 15, Article 42.12, Code of Criminal Procedure, to provide that the court retains jurisdiction over the defendant for the period during which the defendant is confined in a state jail, rather than until the first anniversary of the date the defendant is received into the custody of a state jail. SECTION 3. Amends Subdivisions (1) and (2), Subsection (h), Sections 15, Article 42.12, Code of Criminal Procedure, to provide that a defendant confined in a state jail felony facility does not earn good conduct time for time served in the facility. Deletes the provision establishing that a defendant confined in a facility after revocation of community supervision does not earn good conduct time. Authorizes a judge to credit time served by the defendant in county jail for a certain period against any time a defendant is required to serve in a facility, rather than any time a defendant is subsequently required to serve in a facility after revocation of community supervision. SECTION 4. Amends Section 507.006, Government Code, as follows: Sec. 507.006. USE OF FACILITY FOR OTHER INMATES. Authorizes the state jail division, notwithstanding any other provision of this subchapter and with the approval of the board, to designate one or more state jail felony facilities or discrete areas within those facilities to treat inmates who are eligible for confinement in a substance abuse felony punishment facility under Section 493.009 or to house inmates who are eligible for confinement in a transfer facility under Section 499.152, under certain circumstances. Provides that the responsibility of the department to provide substance abuse felony punishment facilities is governed by the General Appropriations Act and Section 493.009. Also provides that this section does not affect the responsibility of the department to provide substance abuse felony punishment facilities. SECTION 5. (a) Makes application of this Act prospective regarding Sections 15(a), (f)(2), and (h)(1), Article 42.12, Code of Criminal Procedure. Makes application of this Act retroactive regarding Sections 15(g), and (h)(2), Article 42.12, Code of Criminal Procedure. SECTION 6. Effective date: September 1, 1997. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute deletes subsection (d) which allows a judge to impose a term of confinement in a state jail felony facility, as a condition of community supervision, at any time during the term of community supervision. C.S.S.B. 663 also deletes subsection (e) which deleted language that prohibited a judge from requiring a defendant to serve a period of confinement in a state jail felony facility as a modification of the defendant's community supervision. The substitute also adds language to provide that the responsibility of the department to provide substance abuse felony punishment facilities is governed by the General Appropriations Act and Section 493.009. Also provides that this section does not affect the responsibility of the department to provide substance abuse felony punishment facilities.