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