By Place                                              H.B. No. 2635

         75R6198 GWK-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the operation of state jail felony facilities and to

 1-3     the supervision of defendants convicted of state jail felonies.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 15(f)(2), Article 42.12, Code of Criminal

 1-6     Procedure, is amended to read as follows:

 1-7                 (2)  The court retains jurisdiction over the defendant

 1-8     for the period during which the defendant is confined in [until the

 1-9     first anniversary of the date the defendant is received into the

1-10     custody of] a state jail.  At any time after the  75th day after

1-11     the date the defendant is received into the custody of a state

1-12     jail, the judge on the judge's own motion, on the motion of the

1-13     attorney representing the state, or on the motion of the defendant

1-14     may suspend further execution of the sentence and place the

1-15     defendant on community supervision under the conditions of this

1-16     section.

1-17           SECTION 2.  Section 15(g), Article 42.12, Code of Criminal

1-18     Procedure, is amended to read as follows:

1-19           (g)  The facility director of a state jail felony facility

1-20     shall report to a judge who orders a defendant confined in the

1-21     facility as a condition of community supervision not less than

1-22     every 90 days on the defendant's programmatic progress, conduct,

1-23     and conformity to the rules of the facility.

1-24           SECTION 3.  Section 15(h)(1), Article 42.12, Code of Criminal

 2-1     Procedure, is amended to read as follows:

 2-2                 (1)  A defendant confined in a state jail felony

 2-3     facility [after revocation of community supervision] does not earn

 2-4     good conduct time for time served in the facility.

 2-5           SECTION 4.  Section 507.006, Government Code, is amended to

 2-6     read as follows:

 2-7           Sec. 507.006.  USE OF FACILITY FOR OTHER [TRANSFER] INMATES.

 2-8     (a)  Notwithstanding any other provision of this subchapter, the

 2-9     state jail division, with the approval of the board, may designate

2-10     one or more state jail felony facilities or discrete areas within

2-11     one or more state jail felony facilities to house inmates who are

2-12     eligible for  confinement in a substance abuse felony punishment

2-13     facility under Section 493.009 or in a transfer facility under

2-14     Section 499.152, but only if  the designation does not deny

2-15     placement in a state jail felony facility of defendants required to

2-16     serve terms of confinement in a facility following conviction of

2-17     state jail felonies.  The division may not house in a state jail

2-18     felony facility an inmate who:

2-19                 (1)  has a history of or has shown a pattern of violent

2-20     or assaultive behavior in county jail or a facility operated by the

2-21     department;  or

2-22                 (2)  will increase the likelihood of harm to the public

2-23     if housed in the facility.

2-24           (b)  Sections 499.154 and 499.155 apply to an inmate eligible

2-25     for confinement in a transfer facility under Section 499.152 who is

2-26     nonetheless confined in a state jail felony facility in the same

2-27     manner as if the inmate were confined in a transfer facility.

 3-1           SECTION 5.  (a)  The changes in law made by Sections 1 and 3

 3-2     of this Act apply only to an offense committed on or after the

 3-3     effective date of this Act.  For purposes of this section, an

 3-4     offense is committed before the effective date of this Act if any

 3-5     element of the offense occurs before the effective date.

 3-6           (b)  An offense committed before the effective date of this

 3-7     Act is covered by the law in effect when the offense was committed,

 3-8     and the former law is continued in effect for that purpose.

 3-9           SECTION 6.  The importance of this legislation and the

3-10     crowded condition of the calendars in both houses create an

3-11     emergency and an imperative public necessity that the

3-12     constitutional rule requiring bills to be read on three several

3-13     days in each house be suspended, and this rule is hereby suspended,

3-14     and that this Act take effect and be in force from and after its

3-15     passage, and it is so enacted.