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1-27     Section 13(a) is withdrawn, a summons may be issued requiring the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.

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