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.