By Hawley H.B. No. 1112
75R5513 GWK-D
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 hearing.
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. (a) The
1-10 Texas Department of Criminal Justice may authorize a facility that
1-11 is required to detain and house a person or prisoner under Section
1-12 13(a) to transfer the person or prisoner to a correctional facility
1-13 operated by the department or under contract with the department if
1-14 the person or prisoner is not also being held subject to pending
1-15 criminal charges and:
1-16 (1) the department determines that adequate space is
1-17 available in the facility to which the person or prisoner is to be
1-18 transferred; and
1-19 (2) the facility to which the person or prisoner is to
1-20 be transferred is located not more than 150 miles from the facility
1-21 from which the inmate is to be transferred.
1-22 (b) If a facility that is required to detain and house a
1-23 person or prisoner under Section 13(a) requests the Texas
1-24 Department of Criminal Justice to transfer the person or prisoner
2-1 to a facility operated by or under contract with the department and
2-2 the department refuses to authorize the transfer, regardless of
2-3 whether a facility described by Subsections (a)(1) and (2) is
2-4 available to detain and house the inmate, the department shall
2-5 reimburse the facility in which the inmate is housed for the cost
2-6 of medical care for the inmate, not to exceed the cost per day the
2-7 department would have incurred for medical care had the person or
2-8 prisoner been transferred to a facility operated by or under
2-9 contract with the department. The department is not required to
2-10 reimburse a facility under this subsection if the person or
2-11 prisoner detained and housed in the facility is also being held
2-12 subject to pending criminal charges.
2-13 SECTION 2. Section 14(a), Article 42.18, Code of Criminal
2-14 Procedure, is amended to read as follows:
2-15 (a) Whenever a prisoner or a person granted a conditional
2-16 pardon is accused of a violation of his parole, mandatory
2-17 supervision, or conditional pardon, on information and complaint by
2-18 a law enforcement officer or parole officer, or is arrested after
2-19 an ineligible release, he shall be entitled to be heard on such
2-20 charges before a parole panel or a designee of the board under such
2-21 rules as the board may adopt; provided[,] however that the prisoner
2-22 or person is not entitled to a preliminary [, said] hearing under
2-23 this section but shall be provided a revocation hearing [shall be
2-24 held] within 60 [70] days of the date of arrest under a warrant
2-25 issued by the director or a designated agent of the director or by
2-26 the board on order by the governor and at a time and place set by
2-27 that parole panel or designee. The panel or designee may hold the
3-1 hearing at a date later than the date otherwise required by this
3-2 section if it determines a delay is necessary to assure due process
3-3 for the person, except that the authority issuing the warrant shall
3-4 immediately withdraw the warrant if the hearing is not held before
3-5 the 121st day after the date of arrest. If a parole panel or
3-6 designee determines that a parolee, mandatory supervisee, or person
3-7 granted a conditional pardon has been convicted in a court of
3-8 competent jurisdiction of a felony offense committed while an
3-9 administrative releasee and has been sentenced by the court to a
3-10 term of incarceration in a penal institution, the determination is
3-11 to be considered a sufficient hearing to revoke the parole or
3-12 mandatory supervision or recommend to the governor revocation of a
3-13 conditional pardon without further hearing, except that the parole
3-14 panel or designee shall conduct a hearing to consider mitigating
3-15 circumstances if requested by the parolee, mandatory supervisee, or
3-16 person granted a conditional pardon. When the parole panel or
3-17 designee has heard the facts, the board may recommend to the
3-18 governor that the conditional pardon be continued, revoked, or
3-19 modified, or it may continue, revoke, or modify the parole or
3-20 mandatory supervision, in any manner warranted by the evidence.
3-21 The parole panel or designee must make its recommendation or
3-22 decision no later than the 30th day after the date the hearing is
3-23 concluded. When a person's parole, mandatory supervision, or
3-24 conditional pardon is revoked, that person may be required to serve
3-25 the portion remaining of the sentence on which he was released,
3-26 such portion remaining to be calculated without credit for the time
3-27 from the date of his release to the date of revocation. When a
4-1 warrant is issued charging a violation of release conditions, the
4-2 sentence time credit may be suspended until a determination is made
4-3 in such case and such suspended time credit may be reinstated
4-4 should such parole, mandatory supervision, or conditional pardon be
4-5 continued.
4-6 SECTION 3. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended,
4-11 and that this Act take effect and be in force from and after its
4-12 passage, and it is so enacted.