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.