By Cuellar, Dukes                                      H.B. No. 818

         75R10371 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a study of the incidence of dual supervision of certain

 1-3     persons by the pardons and paroles division of the Texas Department

 1-4     of Criminal Justice and community supervision and corrections

 1-5     departments.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Article 42.18, Code of Criminal Procedure, is

 1-8     amended by adding Section 30 to read as follows:

 1-9           Sec. 30.  DUAL SUPERVISION.  (a)  The department, using data

1-10     included in the community supervision tracking system and other

1-11     information available to the department, shall determine the number

1-12     of persons who at any time during the period beginning on September

1-13     1, 1997, and ending on August 31, 1998, are under the supervision

1-14     of both the division and a community supervision and corrections

1-15     department.

1-16           (b)  The department shall determine:

1-17                 (1)  the number of those persons described by

1-18     Subsection (a)  who are supervised by a  community supervision and

1-19     corrections department following a grant of deferred adjudication

1-20     for a misdemeanor or a conviction of a misdemeanor; and

1-21                 (2)  the number of those persons described by

1-22     Subsection (a)  who are supervised by a community supervision and

1-23     corrections department following a grant of deferred adjudication

1-24     for a felony or a conviction of a felony.

 2-1           (c)  For each person determined by the department to be under

 2-2     dual supervision by the division and a community supervision and

 2-3     corrections department, the department shall determine:

 2-4                 (1)  the duration of the period of supervision by the

 2-5     division to which the person is subject;

 2-6                 (2)  the duration of the period of supervision by the

 2-7     community supervision and corrections department to which the

 2-8     person is subject; and

 2-9                 (3)  the duration of the period of dual supervision to

2-10     which the person is subject.

2-11           (d)  In addition to making the determinations described by

2-12     Subsections (b) and (c), the department shall determine the

2-13     geographic distribution of incidents of dual supervision, including

2-14     determining whether a difference in the number of incidents of dual

2-15     supervision may be attributable to whether the person supervised

2-16     resides in an urban area or a rural area and determining whether

2-17     certain counties have a disproportionate percentage of incidents of

2-18     dual supervision.

2-19           (e)  The department shall report its findings to the

2-20     legislature and to the Sunset Advisory Commission not later than

2-21     December 1, 1998.

2-22           (f)  This section expires January 1, 1999.

2-23           SECTION 2.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule is hereby suspended,

 3-1     and that this Act take effect and be in force from and after its

 3-2     passage, and it is so enacted.