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.

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