By Culberson                                     H.B. No. 549

      75R1666 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requests for issuance of arrest warrants for inmates

 1-3     who fail to report to parole officers as required by the terms of

 1-4     the inmates' release on parole or to mandatory supervision.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 13(a), Article 42.18, Code of Criminal

 1-7     Procedure, is amended to read as follows:

 1-8           (a)(1)  A warrant for the return of a paroled prisoner, a

 1-9     prisoner released to mandatory supervision, a prisoner released

1-10     although not eligible for release, a resident released to a

1-11     preparole or work program, a prisoner released on emergency

1-12     reprieve or on furlough, or a person released on a conditional

1-13     pardon to the institution from which the person was paroled,

1-14     released, or pardoned may be issued by the director or a designated

1-15     agent of the director in cases of parole or mandatory supervision,

1-16     or by the board on order by the governor in other cases, if there

1-17     is reason to believe that the person has been released although not

1-18     eligible for release, if the person has been arrested for an

1-19     offense, if there is a verified complaint stating that the person

1-20     violated a rule or condition of release, or if there is reliable

1-21     evidence that the person has exhibited behavior during the person's

1-22     release that indicates to a reasonable person that the person poses

1-23     a danger to society that warrants the person's immediate return to

1-24     custody.  The person may be held in custody pending a determination

 2-1     of all facts surrounding the alleged offense, violation of a rule

 2-2     or condition of release, or dangerous behavior.  A designated agent

 2-3     of the director acts independently from a parole officer and must

 2-4     receive specialized training as determined by the director.  The

 2-5     [Such] warrant shall authorize all officers named therein to take

 2-6     actual custody of the prisoner and detain and house the prisoner

 2-7     until a parole panel orders the return of the prisoner to the

 2-8     institution from which the prisoner [he] was released.  Pending

 2-9     hearing on a[, as hereinafter provided, upon any] charge of parole

2-10     violation, ineligible release, or violation of the conditions of

2-11     mandatory supervision, a prisoner returned to custody shall remain

2-12     incarcerated.  If the director, a board member, or a designated

2-13     agent of the director or the board is otherwise authorized to issue

2-14     a warrant under this subsection, the division may [instead] issue

2-15     to a prisoner a summons requiring the prisoner to appear for a

2-16     hearing under Section 14 of this article.  The summons must state

2-17     the time, place, date, and purpose of the hearing.

2-18                 (2)  If a prisoner who is required on release to report

2-19     to a parole officer or halfway house by the pardons and paroles

2-20     division fails to report, the parole officer charged with

2-21     supervising the prisoner shall request a warrant not later than the

2-22     fifth day after the date on which the prisoner was required to

2-23     report.  If a prisoner who is under active supervision fails to

2-24     report to a parole officer at the district parole office, halfway

2-25     house, or other location as required by the terms of the prisoner's

2-26     release on parole or to mandatory supervision, the parole officer

2-27     charged with supervising the prisoner shall request a warrant not

 3-1     later than the 21st day after the date on which the prisoner was

 3-2     required to report.

 3-3           SECTION 2.  The importance of this legislation and the

 3-4     crowded condition of the calendars in both houses create an

 3-5     emergency and an imperative public necessity that the

 3-6     constitutional rule requiring bills to be read on three several

 3-7     days in each house be suspended, and this rule is hereby suspended,

 3-8     and that this Act take effect and be in force from and after its

 3-9     passage, and it is so enacted.