SRC-CDH S.B. 1610 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1610
By: Whitmire
Criminal Justice
4-15-97
As Filed


DIGEST 

Currently, in an effort to place indigent releasees in their county of
conviction, the Parole Division contracts with 16 county jails to
temporarily house inmates released on parole or mandatory supervision.
While in jail, the releasees participate in the local work release
program, thereby earning funds necessary to secure more permanent
accommodations in their county of residence. This legislation would permit
inmates nearing release to also participate in the county jail's work
release program, in an effort to further facilitate the earning of those
funds. 

PURPOSE

As proposed, S.B. 1610 provides for the participation by certain inmates
of the Texas Department of Criminal Justice, with the approval of the
sheriff, in the county jail work release program.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 499, Government Code, by adding Subchapter H, as
follows: 

SUBCHAPTER H.  TRANSFER TO COUNTY JAIL WORK RELEASE PROGRAM

Sec. 499.181.  INMATES ELIGIBLE FOR TRANSFER.  Provides that an inmate is
eligible for transfer if the inmate is confined in a facility operated by
or under contract with the Texas Department of Criminal Justice
(department) and has achieved or is within one year of achieving the
inmate's presumptive parole date or mandatory supervision release date.
Authorizes the department to transfer an eligible inmate to a county jail
for participation in the county jail work release program if the sheriff
approves the transfer of the inmate.   

SECTION 2. Amends Sections 1(a) and (b), Article 42.031, Code of Criminal
Procedure, to authorize the sheriff of each county to attempt to secure
employment for each defendant transferred to the county jail work release
program from the department under Section 499.181, Government Code.
Requires the sheriff to deposit the defendant's salary into a special fund
to be given to the defendant on his release after deducting the cost of
medical treatment incurred while confined in the jail. 

SECTION 3. Amends Section 3(b), Article 42.031, Code of Criminal
Procedure, to authorize the sheriff, if the sheriff determines that the
defendant is conducting himself in a manner that is dangerous to inmates
in the county jail or to society as a whole, to remove the defendant from
participation in the program pending a hearing before the sentencing
court, unless the defendant was transferred under Section 499.181,
Government Code, in which event the sheriff may return the defendant to
the custody of the department.  

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.