1-1 By: Cuellar, Dukes (Senate Sponsor - Patterson) H.B. No. 818 1-2 (In the Senate - Received from the House April 21, 1997; 1-3 April 22, 1997, read first time and referred to Committee on 1-4 Criminal Justice; May 16, 1997, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 5, Nays 0; 1-6 May 16, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 818 By: Patterson 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to a study of the incidence of dual supervision of certain 1-11 persons by the pardons and paroles division of the Texas Department 1-12 of Criminal Justice and community supervision and corrections 1-13 departments and to the reporting of certain arrests to prevent dual 1-14 supervision. 1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-16 SECTION 1. Article 42.18, Code of Criminal Procedure, is 1-17 amended by adding Section 30 to read as follows: 1-18 Sec. 30. DUAL SUPERVISION. (a) The department, using data 1-19 included in the community supervision tracking system and other 1-20 information available to the department, shall determine the number 1-21 of persons who at any time during the period beginning on September 1-22 1, 1997, and ending on August 31, 1998, are under the supervision 1-23 of both the division and a community supervision and corrections 1-24 department. 1-25 (b) The department shall determine: 1-26 (1) the number of those persons described by 1-27 Subsection (a) who are supervised by a community supervision and 1-28 corrections department following a grant of deferred adjudication 1-29 for a misdemeanor or a conviction of a misdemeanor; and 1-30 (2) the number of those persons described by 1-31 Subsection (a) who are supervised by a community supervision and 1-32 corrections department following a grant of deferred adjudication 1-33 for a felony or a conviction of a felony. 1-34 (c) For each person determined by the department to be under 1-35 dual supervision by the division and a community supervision and 1-36 corrections department, the department shall determine: 1-37 (1) the duration of the period of supervision by the 1-38 division to which the person is subject; 1-39 (2) the duration of the period of supervision by the 1-40 community supervision and corrections department to which the 1-41 person is subject; and 1-42 (3) the duration of the period of dual supervision to 1-43 which the person is subject. 1-44 (d) In addition to making the determinations described by 1-45 Subsections (b) and (c), the department shall determine the 1-46 geographic distribution of incidents of dual supervision, including 1-47 determining whether a difference in the number of incidents of dual 1-48 supervision may be attributable to whether the person supervised 1-49 resides in an urban area or a rural area and determining whether 1-50 certain counties have a disproportionate percentage of incidents of 1-51 dual supervision. 1-52 (e) The department shall report its findings to the 1-53 legislature and to the Sunset Advisory Commission not later than 1-54 December 1, 1998. 1-55 (f) If a peace officer arrests a person for an offense for 1-56 which the law enforcement agency employing the officer is required 1-57 to report the arrest for inclusion in the criminal justice 1-58 information system, the agency shall inquire of the system as to 1-59 whether the person at the time of the arrest is under the 1-60 supervision of the department. If information in the system 1-61 indicates that the person arrested is under the supervision of the 1-62 department, the law enforcement agency shall notify the division of 1-63 the department supervising the person of the arrest. The law 1-64 enforcement agency may use the statewide law enforcement 2-1 telecommunications system to notify the division. 2-2 (g) This section expires January 1, 1999. 2-3 SECTION 2. The importance of this legislation and the 2-4 crowded condition of the calendars in both houses create an 2-5 emergency and an imperative public necessity that the 2-6 constitutional rule requiring bills to be read on three several 2-7 days in each house be suspended, and this rule is hereby suspended, 2-8 and that this Act take effect and be in force from and after its 2-9 passage, and it is so enacted. 2-10 * * * * *