75R11776 GWK-D                           

         By Hawley, Alexander, Patterson, Hightower,           H.B. No. 1112

            Christian, et al. 

         Substitute the following for H.B. No. 1112:

         By Hightower                                      C.S.H.B. No. 1112

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain hearings concerning the revocation of the

 1-3     release status of persons under the supervision of the pardons and

 1-4     paroles division of the Texas Department of Criminal Justice and

 1-5     the housing of those persons pending the hearings.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Article 42.18, Code of Criminal Procedure, is

 1-8     amended by adding Section 13A to read as follows:

 1-9           Sec. 13A.  TRANSFER PENDING REVOCATION HEARING.  The

1-10     department, as provided by Section 14(h), may authorize a facility

1-11     that is otherwise required to detain and house a prisoner or person

1-12     to transfer the prisoner or person to a correctional facility

1-13     operated by the department or under contract with the department

1-14     if:

1-15                 (1)  the department determines that adequate space is

1-16     available in the facility to which the prisoner or person is to be

1-17     transferred; and

1-18                 (2)  the facility to which the prisoner or person is to

1-19     be transferred is located not more than 150 miles from the facility

1-20     from which the prisoner or person is to be transferred.

1-21           SECTION 2.  Section 14, Article 42.18, Code of Criminal

1-22     Procedure, is amended to read as follows:

1-23           Sec. 14.  HEARINGS; SANCTIONS.  (a)  Whenever a prisoner or a

1-24     person granted a conditional pardon is accused of a violation of

 2-1     his parole, mandatory supervision, or conditional pardon, on

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

 2-3     officer, or is arrested after an ineligible release, he shall be

 2-4     entitled to be heard on such charges before a parole panel or a

 2-5     designee of the board under such rules as the board may adopt and

 2-6     within a period that permits a parole panel, a designee of the

 2-7     board, or the department to dispose of the charges within the

 2-8     periods established by Subsections (c) and (d).

 2-9           (b)  A parole panel or a designee of the board shall provide

2-10     within a reasonable time to a prisoner or person described by

2-11     Subsection (a)  a preliminary hearing to determine whether probable

2-12     cause or reasonable grounds exist to believe that the prisoner or

2-13     person has committed an act that would constitute a violation of a

2-14     condition of release, unless the prisoner or person:

2-15                 (1)  waives the preliminary hearing; or

2-16                 (2)  after release:

2-17                       (A)  has been charged only with an administrative

2-18     violation of a condition of release; or

2-19                       (B)  has been adjudicated guilty of or has

2-20     pleaded guilty or nolo contendere to an offense committed after

2-21     release, other than an offense punishable by fine only involving

2-22     the operation of a motor vehicle, regardless of whether the court

2-23     has deferred disposition of the case, imposed a  sentence in the

2-24     case, or placed the prisoner or person on community supervision[;

2-25     provided, however, said hearing shall be held within 70 days of the

2-26     date of arrest under a warrant issued by the director or a

2-27     designated agent of the director or by the board on order by the

 3-1     governor and at a time and place set by that parole panel or

 3-2     designee.  The panel or designee may hold the hearing at a date

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

 3-4     determines a delay is necessary to assure due process for the

 3-5     person, except that the authority issuing the warrant shall

 3-6     immediately withdraw the warrant if the hearing is not held before

 3-7     the 121st day after the date of arrest].

 3-8           (c)  Except as provided by Subsection (d), a parole panel, a

 3-9     designee of the board, or the department shall dispose of the

3-10     charges against a prisoner or person described by Subsection (a):

3-11                 (1)  before the 61st day after the date on which:

3-12                       (A)  a warrant issued as provided by Section

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

3-14     charge that the prisoner or person has committed an administrative

3-15     violation of a condition of release, and the prisoner or person is

3-16     not charged before the 61st day with the commission of an offense

3-17     described by Subsection (b)(2)(B); or

3-18                       (B)  the sheriff having custody of a prisoner or

3-19     person alleged to have committed an offense after release notifies

3-20     the department that:

3-21                             (i)  the prisoner or person  has

3-22     discharged the sentence for the offense; or

3-23                             (ii)  the prosecution of the alleged

3-24     offense has been dismissed by the attorney representing the state

3-25     in the manner provided by Article 32.02; or

3-26                 (2)  within a reasonable time after the date on which

3-27     the prisoner or person is returned to the custody of the

 4-1     department, if:

 4-2                       (A)  immediately before the return the prisoner

 4-3     or person was in custody in another state or in a federal

 4-4     correctional system; or

 4-5                       (B)  the prisoner or person is transferred to the

 4-6     custody of the department under Section 13A.

 4-7           (d)  A parole panel, a designee of the board, or the

 4-8     department is not required to dispose of the charges against a

 4-9     prisoner or person within the period required by Subsection (c) if:

4-10                 (1)  the prisoner or person is in custody in another

4-11     state or a federal correctional institution;

4-12                 (2)  the parole panel or a designee of the board is not

4-13     provided a place by the sheriff to hold the hearing, in which event

4-14     the department, parole panel, or designee is not required to

4-15     dispose of the charges against the prisoner or person until the

4-16     60th day after the date on which the sheriff provides a place to

4-17     hold the hearing; or

4-18                 (3)  the prisoner or person is granted a continuance by

4-19     a parole panel or a designee of the board in the prisoner's or

4-20     person's hearing under Subsection (a) or a parole panel or designee

4-21     of the board determines for good cause that a continuance in the

4-22     hearing is necessary, but in no event may a parole panel, a

4-23     designee of the board, or the department dispose of the charges

4-24     against the person later than the 30th day after the date on which

4-25     the parole panel, designee, or department would otherwise be

4-26     required to dispose of the charges under this section.

4-27           (e)  If a parole panel or designee determines that a parolee,

 5-1     mandatory supervisee, or person granted a conditional pardon has

 5-2     been convicted in a court of competent jurisdiction of a felony

 5-3     offense committed while an administrative releasee and has been

 5-4     sentenced by the court to a term of incarceration in a penal

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

 5-6     hearing to revoke the parole or mandatory supervision or recommend

 5-7     to the governor revocation of a conditional pardon without further

 5-8     hearing, except that the parole panel or designee shall conduct a

 5-9     hearing to consider mitigating circumstances if requested by the

5-10     parolee, mandatory supervisee, or person granted a conditional

5-11     pardon.  When the parole panel or designee has heard the facts, the

5-12     board may recommend to the governor that the conditional pardon be

5-13     continued, revoked, or modified, or it may continue, revoke, or

5-14     modify the parole or mandatory supervision, in any manner warranted

5-15     by the evidence[.  The parole panel or designee must make its

5-16     recommendation or decision no later than the 30th day after the

5-17     date the hearing is concluded].

5-18           (f)  When a person's parole, mandatory supervision, or

5-19     conditional pardon is revoked, that person may be required to serve

5-20     the portion remaining of the sentence on which he was released,

5-21     such portion remaining to be calculated without credit for the time

5-22     from the date of his release to the date of revocation.  When a

5-23     warrant is issued charging a violation of release conditions, the

5-24     sentence time credit may be suspended until a determination is made

5-25     in such case and such suspended time credit may be reinstated

5-26     should such parole, mandatory supervision, or conditional pardon be

5-27     continued.

 6-1           (g) [(b)]  The board shall develop and implement a training

 6-2     program for designees of the board who conduct hearings  under this

 6-3     section.  The training program must assist the designees in

 6-4     understanding issues relating to the revocation process.

 6-5           (h)  In Subsections (c) and (d), charges against a prisoner

 6-6     or person are disposed of when:

 6-7                 (1)  the prisoner's or person's conditional pardon,

 6-8     parole, or release on mandatory supervision is:

 6-9                       (A)  revoked and the prisoner or person is

6-10     transferred from the custody of the sheriff to the department; or

6-11                       (B)  continued or modified and the prisoner or

6-12     person is released from the county jail;

6-13                 (2)  the warrant for the prisoner or person issued

6-14     under Section 13(a) is withdrawn; or

6-15                 (3)  the prisoner or person is transferred to a

6-16     facility described by Section 13A for further proceedings.

6-17           [(c)  The requirement in Subsection (a) that a warrant be

6-18     withdrawn does not apply if the person:]

6-19                 [(1)  has been removed from the custody of a county

6-20     sheriff by the department and placed in a community residential

6-21     facility;]

6-22                 [(2)  is in custody in another state or in a federal

6-23     correctional facility;]

6-24                 [(3)  is granted a continuance, not to exceed the 181st

6-25     day after the arrest, or the attorney representing the person or

6-26     the attorney representing the state is granted a continuance, not

6-27     to exceed the 181st day after the arrest; or]

 7-1                 [(4)  is subject to pending criminal charges that have

 7-2     not been adjudicated.]

 7-3           SECTION 3.  The change in law made by this Act to Section 14,

 7-4     Article 42.18, Code of Criminal Procedure, applies only to a

 7-5     prisoner or person for whom a warrant issued under Section 13,

 7-6     Article 42.18, Code of Criminal Procedure, is executed on or after

 7-7     the effective date of this Act.  A prisoner or person for whom a

 7-8     warrant is executed before the effective date of this Act is

 7-9     covered by the law in effect when the warrant was executed, and the

7-10     former law is continued in effect for that purpose.

7-11           SECTION 4.  This Act takes effect January 1, 1998.

7-12           SECTION 5.  The importance of this legislation and the

7-13     crowded condition of the calendars in both houses create an

7-14     emergency and an imperative public necessity that the

7-15     constitutional rule requiring bills to be read on three several

7-16     days in each house be suspended, and this rule is hereby suspended.