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 and to the reporting of certain arrests to prevent dual
1-6 supervision.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Article 42.18, Code of Criminal Procedure, is
1-9 amended by adding Section 30 to read as follows:
1-10 Sec. 30. DUAL SUPERVISION. (a) The department, using data
1-11 included in the community supervision tracking system and other
1-12 information available to the department, shall determine the number
1-13 of persons who at any time during the period beginning on June 1,
1-14 1997, and ending on May 31, 1998, are under the supervision of both
1-15 the division and a community supervision and corrections
1-16 department.
1-17 (b) The department shall determine:
1-18 (1) the number of those persons described by
1-19 Subsection (a) who are supervised by a community supervision and
1-20 corrections department following a grant of deferred adjudication
1-21 for a misdemeanor or a conviction of a misdemeanor; and
1-22 (2) the number of those persons described by
1-23 Subsection (a) who are supervised by a community supervision and
1-24 corrections department following a grant of deferred adjudication
2-1 for a felony or a conviction of a felony.
2-2 (c) For each person determined by the department to be under
2-3 dual supervision by the division and a community supervision and
2-4 corrections department, the department shall determine:
2-5 (1) the duration of the period of supervision by the
2-6 division to which the person is subject;
2-7 (2) the duration of the period of supervision by the
2-8 community supervision and corrections department to which the
2-9 person is subject; and
2-10 (3) the duration of the period of dual supervision to
2-11 which the person is subject.
2-12 (d) In addition to making the determinations described by
2-13 Subsections (b) and (c), the department shall determine the
2-14 geographic distribution of incidents of dual supervision, including
2-15 determining whether a difference in the number of incidents of dual
2-16 supervision may be attributable to whether the person supervised
2-17 resides in an urban area or a rural area and determining whether
2-18 certain counties have a disproportionate percentage of incidents of
2-19 dual supervision.
2-20 (e) The department shall report its findings to the
2-21 legislature and to the Sunset Advisory Commission not later than
2-22 December 1, 1998.
2-23 (f) If a peace officer arrests a person for an offense for
2-24 which the law enforcement agency employing the officer is required
2-25 to report the arrest for inclusion in the criminal justice
2-26 information system, the agency shall inquire of the system as to
2-27 whether the person at the time of the arrest is under the
3-1 supervision of the department. If information in the system
3-2 indicates that the person arrested is under the supervision of the
3-3 department, the law enforcement agency shall notify the division of
3-4 the department supervising the person of the arrest. The law
3-5 enforcement agency may use the statewide law enforcement
3-6 telecommunications system to notify the division.
3-7 (g) This section expires January 1, 1999.
3-8 SECTION 2. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 818 was passed by the House on April
18, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 818 on May 21, 1997, by the following
vote: Yeas 139, Nays 0, 2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 818 was passed by the Senate, with
amendments, on May 19, 1997, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor