1-1                                   AN ACT

 1-2     relating to certain procedures and hearings concerning the

 1-3     revocation of the release status of persons under the supervision

 1-4     of the pardons and paroles division of the Texas Department of

 1-5     Criminal Justice and the housing of those persons pending the

 1-6     hearings.

 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 13A to read as follows:

1-10           Sec. 13A.  TRANSFER PENDING REVOCATION HEARING.  The

1-11     department, as provided by Section 14(h), may authorize a facility

1-12     that is otherwise required to detain and house a prisoner or person

1-13     to transfer the prisoner or person to a correctional facility

1-14     operated by the department or under contract with the department

1-15     if:

1-16                 (1)  the department determines that adequate space is

1-17     available in the facility to which the prisoner or person is to be

1-18     transferred; and

1-19                 (2)  the facility to which the prisoner or person is to

1-20     be transferred is located not more than 150 miles from the facility

1-21     from which the prisoner or person is to be transferred.

1-22           SECTION 2.  Section 14, Article 42.18, Code of Criminal

1-23     Procedure, is amended to read as follows:

1-24           Sec. 14.  HEARINGS; SANCTIONS.  (a)  Whenever a prisoner or a

 2-1     person granted a conditional pardon is accused of a violation of

 2-2     his parole, mandatory supervision, or conditional pardon, on

 2-3     information and complaint by a law enforcement officer or parole

 2-4     officer, or is arrested after an ineligible release, he shall be

 2-5     entitled to be heard on such charges before a parole panel or a

 2-6     designee of the board under such rules as the board may adopt and

 2-7     within a period that permits a parole panel, a designee of the

 2-8     board, or the department to dispose of the charges within the

 2-9     periods established by Subsections (c) and (d).

2-10           (b)  A parole panel or a designee of the board shall provide

2-11     within a reasonable time to a prisoner or person described by

2-12     Subsection (a)  a preliminary hearing to determine whether probable

2-13     cause or reasonable grounds exist to believe that the prisoner or

2-14     person has committed an act that would constitute a violation of a

2-15     condition of release, unless the prisoner or person:

2-16                 (1)  waives the preliminary hearing; or

2-17                 (2)  after release:

2-18                       (A)  has been charged only with an administrative

2-19     violation of a condition of release; or

2-20                       (B)  has been adjudicated guilty of or has

2-21     pleaded guilty or nolo contendere to an offense committed after

2-22     release, other than an offense punishable by fine only involving

2-23     the operation of a motor vehicle, regardless of whether the court

2-24     has deferred disposition of the case, imposed a  sentence in the

2-25     case, or placed the prisoner or person on community supervision[;

2-26     provided, however, said hearing shall be held within 70 days of the

2-27     date of arrest under a warrant issued by the director or a

 3-1     designated agent of the director or by the board on order by the

 3-2     governor and at a time and place set by that parole panel or

 3-3     designee.  The panel or designee may hold the hearing at a date

 3-4     later than the date otherwise required by this section if it

 3-5     determines a delay is necessary to assure due process for the

 3-6     person, except that the authority issuing the warrant shall

 3-7     immediately withdraw the warrant if the hearing is not held before

 3-8     the 121st day after the date of arrest].

 3-9           (c)  Except as provided by Subsection (d), a parole panel, a

3-10     designee of the board, or the department shall dispose of the

3-11     charges against a prisoner or person described by Subsection (a):

3-12                 (1)  before the 61st day after the date on which:

3-13                       (A)  a warrant issued as provided by Section

3-14     13(a) is executed, if the prisoner or person is arrested only on a

3-15     charge that the prisoner or person has committed an administrative

3-16     violation of a condition of release, and the prisoner or person is

3-17     not charged before the 61st day with the commission of an offense

3-18     described by Subsection (b)(2)(B); or

3-19                       (B)  the sheriff having custody of a prisoner or

3-20     person alleged to have committed an offense after release notifies

3-21     the department that:

3-22                             (i)  the prisoner or person  has

3-23     discharged the sentence for the offense; or

3-24                             (ii)  the prosecution of the alleged

3-25     offense has been dismissed by the attorney representing the state

3-26     in the manner provided by Article 32.02; or

3-27                 (2)  within a reasonable time after the date on which

 4-1     the prisoner or person is returned to the custody of the

 4-2     department, if:

 4-3                       (A)  immediately before the return the prisoner

 4-4     or person was in custody in another state or in a federal

 4-5     correctional system; or

 4-6                       (B)  the prisoner or person is transferred to the

 4-7     custody of the department under Section 13A.

 4-8           (d)  A parole panel, a designee of the board, or the

 4-9     department is not required to dispose of the charges against a

4-10     prisoner or person within the period required by Subsection (c) if:

4-11                 (1)  the prisoner or person is in custody in another

4-12     state or a federal correctional institution;

4-13                 (2)  the parole panel or a designee of the board is not

4-14     provided a place by the sheriff to hold the hearing, in which event

4-15     the department, parole panel, or designee is not required to

4-16     dispose of the charges against the prisoner or person until the

4-17     60th day after the date on which the sheriff provides a place to

4-18     hold the hearing; or

4-19                 (3)  a parole panel or designee of the board determines

4-20     that a continuance in the hearing under Subsection (a) is

4-21     necessary, but in no event may a parole panel, a designee of the

4-22     board, or the department dispose of the charges against the person

4-23     later than the 30th day after the date on which the parole panel,

4-24     designee, or department would otherwise be required to dispose of

4-25     the charges under this section, unless the prisoner or person is

4-26     released from custody and a summons is issued under Section 13(a)

4-27     requiring the prisoner or person to appear for a hearing under this

 5-1     section.

 5-2           (e)  If a parole panel or designee determines that a parolee,

 5-3     mandatory supervisee, or person granted a conditional pardon has

 5-4     been convicted in a court of competent jurisdiction of a felony

 5-5     offense committed while an administrative releasee and has been

 5-6     sentenced by the court to a term of incarceration in a penal

 5-7     institution, the determination is to be considered a sufficient

 5-8     hearing to revoke the parole or mandatory supervision or recommend

 5-9     to the governor revocation of a conditional pardon without further

5-10     hearing, except that the parole panel or designee shall conduct a

5-11     hearing to consider mitigating circumstances if requested by the

5-12     parolee, mandatory supervisee, or person granted a conditional

5-13     pardon.  When the parole panel or designee has heard the facts, the

5-14     board may recommend to the governor that the conditional pardon be

5-15     continued, revoked, or modified, or it may continue, revoke, or

5-16     modify the parole or mandatory supervision, in any manner warranted

5-17     by the evidence[.  The parole panel or designee must make its

5-18     recommendation or decision no later than the 30th day after the

5-19     date the hearing is concluded].

5-20           (f)  When a person's parole, mandatory supervision, or

5-21     conditional pardon is revoked, that person may be required to serve

5-22     the portion remaining of the sentence on which he was released,

5-23     such portion remaining to be calculated without credit for the time

5-24     from the date of his release to the date of revocation.  When a

5-25     warrant is issued charging a violation of release conditions or

5-26     when a summons is issued for a hearing under this section, the

5-27     sentence time credit may be suspended until a determination is made

 6-1     in such case and such suspended time credit may be reinstated

 6-2     should such parole, mandatory supervision, or conditional pardon be

 6-3     continued.

 6-4           (g) [(b)]  The board shall develop and implement a training

 6-5     program for designees of the board who conduct hearings  under this

 6-6     section.  The training program must assist the designees in

 6-7     understanding issues relating to the revocation process.

 6-8           (h)  In Subsections (c) and (d), charges against a prisoner

 6-9     or person are disposed of when:

6-10                 (1)  the prisoner's or person's conditional pardon,

6-11     parole, or release on mandatory supervision is:

6-12                       (A)  revoked; or

6-13                       (B)  continued or modified and the prisoner or

6-14     person is released from the county jail;

6-15                 (2)  the warrant for the prisoner or person issued

6-16     under Section 13(a) is withdrawn; or

6-17                 (3)  the prisoner or person is transferred to a

6-18     facility described by Section 13A for further proceedings.

6-19           (i)  A sheriff, not later than the 10th day before the date

6-20     on which the sheriff intends to release from custody a prisoner or

6-21     person described by Subsection (a) or transfer the prisoner or

6-22     person to the custody of an entity other than the department, shall

6-23     notify the department of the intended release or transfer.

6-24           (j)  If a warrant for a prisoner or person issued under

6-25     Section 13(a) is withdrawn, a summons may be issued requiring the

6-26     prisoner or person to appear for a hearing under this section.

6-27           [(c)  The requirement in Subsection (a) that a warrant be

 7-1     withdrawn does not apply if the person:]

 7-2                 [(1)  has been removed from the custody of a county

 7-3     sheriff by the department and placed in a community residential

 7-4     facility;]

 7-5                 [(2)  is in custody in another state or in a federal

 7-6     correctional facility;]

 7-7                 [(3)  is granted a continuance, not to exceed the 181st

 7-8     day after the arrest, or the attorney representing the person or

 7-9     the attorney representing the state is granted a continuance, not

7-10     to exceed the 181st day after the arrest; or]

7-11                 [(4)  is subject to pending criminal charges that have

7-12     not been adjudicated.]

7-13           SECTION 3.  Section 13(a), Article 42.18, Code of Criminal

7-14     Procedure, is amended to read as follows:

7-15           (a)  A warrant for the return of a paroled prisoner, a

7-16     prisoner released to mandatory supervision, a prisoner released

7-17     although not eligible for release, a resident released to a

7-18     preparole or work program, a prisoner released on emergency

7-19     reprieve or on furlough, or a person released on a conditional

7-20     pardon to the institution from which the person was paroled,

7-21     released, or pardoned may be issued by the director or a designated

7-22     agent of the director in cases of parole or mandatory supervision,

7-23     or by the board on order by the governor in other cases, if there

7-24     is reason to believe that the person has been released although not

7-25     eligible for release, if the person has been arrested for an

7-26     offense, if there is a document that is self-authenticating as

7-27     provided by Rule 902, Texas Rules of Criminal Evidence [verified

 8-1     complaint] stating that the person violated a rule or condition of

 8-2     release, or if there is reliable evidence that the person has

 8-3     exhibited behavior during the person's release that indicates to a

 8-4     reasonable person that the person poses a danger to society that

 8-5     warrants the person's immediate return to custody.  The person may

 8-6     be held in custody pending a determination of all facts surrounding

 8-7     the alleged offense, violation of a rule or condition of release,

 8-8     or dangerous behavior.  A designated agent of the director acts

 8-9     independently from a parole officer and must receive specialized

8-10     training as determined by the director.  Such warrant shall

8-11     authorize all officers named therein to take actual custody of the

8-12     prisoner and detain and house the prisoner until a parole panel

8-13     orders the return of the prisoner to the institution from which he

8-14     was released.  Pending hearing, as hereinafter provided, upon any

8-15     charge of parole violation, ineligible release, or violation of the

8-16     conditions of mandatory supervision, a prisoner returned to custody

8-17     shall remain incarcerated.  If the director, a board member, or a

8-18     designated agent of the director or the board is otherwise

8-19     authorized to issue a warrant under this subsection, the division

8-20     may instead issue to a prisoner a summons requiring the prisoner to

8-21     appear for a hearing under Section 14 of this article.  The summons

8-22     must state the time, place, date, and purpose of the hearing.

8-23           SECTION 4.  The change in law made by this Act to Section 14,

8-24     Article 42.18, Code of Criminal Procedure, applies only to a

8-25     prisoner or person for whom a warrant issued under Section 13,

8-26     Article 42.18, Code of Criminal Procedure, is executed on or after

8-27     the effective date of this Act.  A prisoner or person for whom a

 9-1     warrant is executed before the effective date of this Act is

 9-2     covered by the law in effect when the warrant was executed, and the

 9-3     former law is continued in effect for that purpose.

 9-4           SECTION 5.  This Act takes effect January 1, 1998.

 9-5           SECTION 6.  The importance of this legislation and the

 9-6     crowded condition of the calendars in both houses create an

 9-7     emergency and an imperative public necessity that the

 9-8     constitutional rule requiring bills to be read on three several

 9-9     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1112 was passed by the House on April

         22, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 1112 on May 16, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1112 was passed by the Senate, with

         amendments, on May 14, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor