1-1 By: Hawley, et al. (Senate Sponsor - Duncan) H.B. No. 1112
1-2 (In the Senate - Received from the House April 23, 1997;
1-3 April 24, 1997, read first time and referred to Committee on
1-4 Criminal Justice; May 2, 1997, rereferred to Committee on Finance;
1-5 May 12, 1997, reported favorably, as amended, by the following
1-6 vote: Yeas 11, Nays 0; May 12, 1997, sent to printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Truan
1-8 Amend H.B. No. 1112 in SECTION 2 of the bill, in proposed
1-9 Section 14, Article 42.18, Code of Criminal Procedure, as follows:
1-10 (1) In proposed Subsection (d)(3) (house engrossment, page
1-11 2, lines 62-64), strike "the prisoner or person is granted a
1-12 continuance by a parole panel or a designee of the board in the
1-13 prisoner's or person's hearing under Subsection (a)" and substitute
1-14 "a parole panel or designee of the board determines that a
1-15 continuance in the hearing under Subsection (a) is necessary".
1-16 (2) In proposed Subsection (f) (house engrossment, page 3,
1-17 line 26), between "conditions" and the comma, insert "or when a
1-18 summons is issued for a hearing under this section".
1-19 (3) In proposed Subsection (h) (house engrossment, page 3,
1-20 lines 43-45), strike "and a summons is issued under Section 13(a)
1-21 requiring the prisoner or person to appear for a hearing under this
1-22 section".
1-23 (4) Immediately after proposed Subsection (i) (house
1-24 engrossment, page 3, between lines 52 and 53), insert the
1-25 following:
1-26 (j) If a warrant for a prisoner or person issued under
1-27 Section 13(a) is withdrawn, a summons may be issued requiring the
1-28 prisoner or person to appear for a hearing under this section.
1-29 A BILL TO BE ENTITLED
1-30 AN ACT
1-31 relating to certain hearings concerning the revocation of the
1-32 release status of persons under the supervision of the pardons and
1-33 paroles division of the Texas Department of Criminal Justice and
1-34 the housing of those persons pending the hearings.
1-35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-36 SECTION 1. Article 42.18, Code of Criminal Procedure, is
1-37 amended by adding Section 13A to read as follows:
1-38 Sec. 13A. TRANSFER PENDING REVOCATION HEARING. The
1-39 department, as provided by Section 14(h), may authorize a facility
1-40 that is otherwise required to detain and house a prisoner or person
1-41 to transfer the prisoner or person to a correctional facility
1-42 operated by the department or under contract with the department
1-43 if:
1-44 (1) the department determines that adequate space is
1-45 available in the facility to which the prisoner or person is to be
1-46 transferred; and
1-47 (2) the facility to which the prisoner or person is to
1-48 be transferred is located not more than 150 miles from the facility
1-49 from which the prisoner or person is to be transferred.
1-50 SECTION 2. Section 14, Article 42.18, Code of Criminal
1-51 Procedure, is amended to read as follows:
1-52 Sec. 14. HEARINGS; SANCTIONS. (a) Whenever a prisoner or a
1-53 person granted a conditional pardon is accused of a violation of
1-54 his parole, mandatory supervision, or conditional pardon, on
1-55 information and complaint by a law enforcement officer or parole
1-56 officer, or is arrested after an ineligible release, he shall be
1-57 entitled to be heard on such charges before a parole panel or a
1-58 designee of the board under such rules as the board may adopt and
1-59 within a period that permits a parole panel, a designee of the
1-60 board, or the department to dispose of the charges within the
1-61 periods established by Subsections (c) and (d).
1-62 (b) A parole panel or a designee of the board shall provide
1-63 within a reasonable time to a prisoner or person described by
1-64 Subsection (a) a preliminary hearing to determine whether probable
2-1 cause or reasonable grounds exist to believe that the prisoner or
2-2 person has committed an act that would constitute a violation of a
2-3 condition of release, unless the prisoner or person:
2-4 (1) waives the preliminary hearing; or
2-5 (2) after release:
2-6 (A) has been charged only with an administrative
2-7 violation of a condition of release; or
2-8 (B) has been adjudicated guilty of or has
2-9 pleaded guilty or nolo contendere to an offense committed after
2-10 release, other than an offense punishable by fine only involving
2-11 the operation of a motor vehicle, regardless of whether the court
2-12 has deferred disposition of the case, imposed a sentence in the
2-13 case, or placed the prisoner or person on community supervision[;
2-14 provided, however, said hearing shall be held within 70 days of the
2-15 date of arrest under a warrant issued by the director or a
2-16 designated agent of the director or by the board on order by the
2-17 governor and at a time and place set by that parole panel or
2-18 designee. The panel or designee may hold the hearing at a date
2-19 later than the date otherwise required by this section if it
2-20 determines a delay is necessary to assure due process for the
2-21 person, except that the authority issuing the warrant shall
2-22 immediately withdraw the warrant if the hearing is not held before
2-23 the 121st day after the date of arrest].
2-24 (c) Except as provided by Subsection (d), a parole panel, a
2-25 designee of the board, or the department shall dispose of the
2-26 charges against a prisoner or person described by Subsection (a):
2-27 (1) before the 61st day after the date on which:
2-28 (A) a warrant issued as provided by Section
2-29 13(a) is executed, if the prisoner or person is arrested only on a
2-30 charge that the prisoner or person has committed an administrative
2-31 violation of a condition of release, and the prisoner or person is
2-32 not charged before the 61st day with the commission of an offense
2-33 described by Subsection (b)(2)(B); or
2-34 (B) the sheriff having custody of a prisoner or
2-35 person alleged to have committed an offense after release notifies
2-36 the department that:
2-37 (i) the prisoner or person has
2-38 discharged the sentence for the offense; or
2-39 (ii) the prosecution of the alleged
2-40 offense has been dismissed by the attorney representing the state
2-41 in the manner provided by Article 32.02; or
2-42 (2) within a reasonable time after the date on which
2-43 the prisoner or person is returned to the custody of the
2-44 department, if:
2-45 (A) immediately before the return the prisoner
2-46 or person was in custody in another state or in a federal
2-47 correctional system; or
2-48 (B) the prisoner or person is transferred to the
2-49 custody of the department under Section 13A.
2-50 (d) A parole panel, a designee of the board, or the
2-51 department is not required to dispose of the charges against a
2-52 prisoner or person within the period required by Subsection (c) if:
2-53 (1) the prisoner or person is in custody in another
2-54 state or a federal correctional institution;
2-55 (2) the parole panel or a designee of the board is not
2-56 provided a place by the sheriff to hold the hearing, in which event
2-57 the department, parole panel, or designee is not required to
2-58 dispose of the charges against the prisoner or person until the
2-59 60th day after the date on which the sheriff provides a place to
2-60 hold the hearing; or
2-61 (3) the prisoner or person is granted a continuance by
2-62 a parole panel or a designee of the board in the prisoner's or
2-63 person's hearing under Subsection (a), but in no event may a parole
2-64 panel, a designee of the board, or the department dispose of the
2-65 charges against the person later than the 30th day after the date
2-66 on which the parole panel, designee, or department would otherwise
2-67 be required to dispose of the charges under this section, unless
2-68 the prisoner or person is released from custody and a summons is
2-69 issued under Section 13(a) requiring the prisoner or person to
3-1 appear for a hearing under this section.
3-2 (e) If a parole panel or designee determines that a parolee,
3-3 mandatory supervisee, or person granted a conditional pardon has
3-4 been convicted in a court of competent jurisdiction of a felony
3-5 offense committed while an administrative releasee and has been
3-6 sentenced by the court to a term of incarceration in a penal
3-7 institution, the determination is to be considered a sufficient
3-8 hearing to revoke the parole or mandatory supervision or recommend
3-9 to the governor revocation of a conditional pardon without further
3-10 hearing, except that the parole panel or designee shall conduct a
3-11 hearing to consider mitigating circumstances if requested by the
3-12 parolee, mandatory supervisee, or person granted a conditional
3-13 pardon. When the parole panel or designee has heard the facts, the
3-14 board may recommend to the governor that the conditional pardon be
3-15 continued, revoked, or modified, or it may continue, revoke, or
3-16 modify the parole or mandatory supervision, in any manner warranted
3-17 by the evidence[. The parole panel or designee must make its
3-18 recommendation or decision no later than the 30th day after the
3-19 date the hearing is concluded].
3-20 (f) When a person's parole, mandatory supervision, or
3-21 conditional pardon is revoked, that person may be required to serve
3-22 the portion remaining of the sentence on which he was released,
3-23 such portion remaining to be calculated without credit for the time
3-24 from the date of his release to the date of revocation. When a
3-25 warrant is issued charging a violation of release conditions, the
3-26 sentence time credit may be suspended until a determination is made
3-27 in such case and such suspended time credit may be reinstated
3-28 should such parole, mandatory supervision, or conditional pardon be
3-29 continued.
3-30 (g) [(b)] The board shall develop and implement a training
3-31 program for designees of the board who conduct hearings under this
3-32 section. The training program must assist the designees in
3-33 understanding issues relating to the revocation process.
3-34 (h) In Subsections (c) and (d), charges against a prisoner
3-35 or person are disposed of when:
3-36 (1) the prisoner's or person's conditional pardon,
3-37 parole, or release on mandatory supervision is:
3-38 (A) revoked; or
3-39 (B) continued or modified and the prisoner or
3-40 person is released from the county jail;
3-41 (2) the warrant for the prisoner or person issued
3-42 under Section 13(a) is withdrawn and a summons is issued under
3-43 Section 13(a) requiring the prisoner or person to appear for a
3-44 hearing under this section; or
3-45 (3) the prisoner or person is transferred to a
3-46 facility described by Section 13A for further proceedings.
3-47 (i) A sheriff, not later than the 10th day before the date
3-48 on which the sheriff intends to release from custody a prisoner or
3-49 person described by Subsection (a) or transfer the prisoner or
3-50 person to the custody of an entity other than the department, shall
3-51 notify the department of the intended release or transfer.
3-52 [(c) The requirement in Subsection (a) that a warrant be
3-53 withdrawn does not apply if the person:]
3-54 [(1) has been removed from the custody of a county
3-55 sheriff by the department and placed in a community residential
3-56 facility;]
3-57 [(2) is in custody in another state or in a federal
3-58 correctional facility;]
3-59 [(3) is granted a continuance, not to exceed the 181st
3-60 day after the arrest, or the attorney representing the person or
3-61 the attorney representing the state is granted a continuance, not
3-62 to exceed the 181st day after the arrest; or]
3-63 [(4) is subject to pending criminal charges that have
3-64 not been adjudicated.]
3-65 SECTION 3. The change in law made by this Act to Section 14,
3-66 Article 42.18, Code of Criminal Procedure, applies only to a
3-67 prisoner or person for whom a warrant issued under Section 13,
3-68 Article 42.18, Code of Criminal Procedure, is executed on or after
3-69 the effective date of this Act. A prisoner or person for whom a
4-1 warrant is executed before the effective date of this Act is
4-2 covered by the law in effect when the warrant was executed, and the
4-3 former law is continued in effect for that purpose.
4-4 SECTION 4. This Act takes effect January 1, 1998.
4-5 SECTION 5. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.
4-10 * * * * *