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