1-1                                   AN ACT

 1-2     relating to the extension of a period of supervision under

 1-3     community supervision for a defendant charged with  or convicted of

 1-4     certain sexual or sexually assaultive offenses, to the supervision

 1-5     of certain defendants and inmates on community supervision, parole,

 1-6     or mandatory supervision, to the publication of notice under the

 1-7     sex offender registration program, and to the classification of

 1-8     inmates in the custody of the Texas Department of Criminal Justice

 1-9     on the basis of need for treatment.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 2, Article 42.12, Code of Criminal

1-12     Procedure, is amended by adding Subdivision (4) to read as follows:

1-13                 (4)  "Electronic monitoring" includes voice tracking

1-14     systems, position tracking systems, position location systems,

1-15     biometric tracking systems, and any other electronic or

1-16     telecommunications system that may be used to assist in the

1-17     supervision of individuals under this article.

1-18           SECTION 2.  Section 3(d), Article 42.12, Code of Criminal

1-19     Procedure, is amended to read as follows:

1-20           (d)  A judge may increase the maximum period of community

1-21     supervision in the manner provided by Section 22(c) or 22A of this

1-22     article.

1-23           SECTION 3.  Section 4(c), Article 42.12, Code of Criminal

1-24     Procedure, is amended to read as follows:

 2-1           (c)  A judge may increase the maximum period of community

 2-2     supervision in the manner provided by Section 22(c) or Section 22A

 2-3     of this article.

 2-4           SECTION 4.  Section 5(a), Article 42.12, Code of Criminal

 2-5     Procedure, is amended to read as follows:

 2-6           (a)  Except as provided by Subsection (d) of this section,

 2-7     when in the judge's opinion the best interest of society and the

 2-8     defendant will be served, the judge may, after receiving a plea of

 2-9     guilty or plea of nolo contendere, hearing the evidence, and

2-10     finding that it substantiates the defendant's guilt, defer further

2-11     proceedings without entering an adjudication of guilt, and place

2-12     the defendant on community supervision.  After placing the

2-13     defendant on community supervision under this section, the judge

2-14     shall inform the defendant orally or in writing of the possible

2-15     consequences under Subsection (b) of this section of a violation of

2-16     community supervision.  If the information is provided orally, the

2-17     judge must record and maintain the judge's statement to the

2-18     defendant.  The failure of a judge to inform a defendant of

2-19     possible consequences under Subsection (b) of this section is not a

2-20     ground for reversal unless the defendant shows that he was harmed

2-21     by the failure of the judge to provide the information.  In a

2-22     felony case, the period of community supervision may not exceed 10

2-23     years.  For a defendant charged with a felony under  Section 21.11,

2-24     22.011, or  22.021, Penal Code, regardless of the age of the

2-25     victim, and for a defendant charged with a felony described by

2-26     Section 13B(b) of this article, the period of community supervision

2-27     may not be less than five years.  In a misdemeanor case, the period

 3-1     of community supervision may not exceed two years.  A judge may

 3-2     increase the maximum period of community supervision in the manner

 3-3     provided by Section 22(c) or 22A of this article.  The judge may

 3-4     impose a fine applicable to the offense and require any reasonable

 3-5     conditions of community supervision, including mental health

 3-6     treatment under Section 11(d) of this article, that a judge could

 3-7     impose on a defendant placed on community supervision for a

 3-8     conviction that was probated and suspended, including confinement.

 3-9     The provisions of Section 15 of this article specifying whether a

3-10     defendant convicted of a state jail felony is to be confined in a

3-11     county jail or state jail felony facility and establishing the

3-12     minimum and maximum terms of confinement as a condition of

3-13     community supervision apply in the same manner to a defendant

3-14     placed on community supervision after pleading guilty or nolo

3-15     contendere to a state jail felony.  However, upon written motion of

3-16     the defendant requesting final adjudication filed within 30 days

3-17     after entering such plea and the deferment of adjudication, the

3-18     judge shall proceed to final adjudication as in all other cases.

3-19           SECTION 5.  Article 42.12, Code of Criminal Procedure, is

3-20     amended by adding Section 22A to read as follows:

3-21           Sec. 22A.  EXTENDING SUPERVISION PERIOD FOR SEX OFFENDERS.

3-22     (a)  If a defendant is placed on community supervision after

3-23     receiving a grant of deferred adjudication for  or being convicted

3-24     of an offense under Section 21.11, 22.011, or 22.021, Penal Code,

3-25     at any time during the period of community supervision, the judge

3-26     may extend the period of community supervision as provided by this

3-27     section.

 4-1           (b)  If at a hearing at which the defendant is provided the

 4-2     same rights as are provided a defendant at a hearing under Section

 4-3     21 the judge determines that the defendant has not sufficiently

 4-4     demonstrated a  commitment to avoid future criminal behavior and

 4-5     that the  release of the defendant from supervision would  endanger

 4-6     the public, the judge may extend the period of supervision for a

 4-7     period not to exceed 10 additional years.

 4-8           (c)  A judge may extend a period of community supervision

 4-9     under this section only once; however, the judge may extend a

4-10     period  of community supervision for a defendant under both Section

4-11     22(c) and this section, and the prohibition in Section 22(c)

4-12     against a period of community supervision in a felony case

4-13     exceeding 10 years  does not apply to a defendant for whom

4-14     community supervision is increased under this section or under both

4-15     Section 22(c) and this section.

4-16           SECTION 6.  (a)  Section 24, Article 42.18, Code of Criminal

4-17     Procedure, is amended to read as follows:

4-18           Sec. 24.  INTENSIVE SUPERVISION; SUPER-INTENSIVE SUPERVISION.

4-19     (a) The department shall establish a program to provide intensive

4-20     supervision to inmates released under the provisions of Subchapter

4-21     B, Chapter 499, Government Code, and other inmates determined by

4-22     parole panels or the department to require intensive supervision.

4-23     The Texas Board of Criminal Justice shall adopt rules that

4-24     establish standards for determining which inmates require intensive

4-25     supervision.  The program must provide the [highest] level of

4-26     supervision provided by the department that is higher than any

4-27     level of supervision other than the level of supervision described

 5-1     by Subsection (b).

 5-2           (b)  The department shall establish a program to provide

 5-3     super-intensive supervision to inmates released on parole or

 5-4     mandatory supervision and determined by parole panels to require

 5-5     super-intensive supervision.  The program must provide the highest

 5-6     level of supervision provided by the department.

 5-7           (b)  The legislature finds that the release of dangerous

 5-8     inmates from the Texas Department of Criminal Justice sentenced

 5-9     under prior Texas law creates the potential for a continuing threat

5-10     to public safety.

5-11           The legislature finds that current Texas law eliminates the

5-12     chance that dangerous inmates will be automatically released from

5-13     Texas prisons.  However, many inmates sentenced under prior Texas

5-14     law are eligible for various forms of early release. Because the

5-15     United States Constitution precludes increasing the sentences of

5-16     dangerous inmates after their convictions, and because prior Texas

5-17     law allows the release of these inmates before the completion of

5-18     their sentences, there is a need to better supervise these inmates

5-19     on release.

5-20           The legislature finds that there is a compelling state

5-21     interest in placing inmates released on parole and mandatory

5-22     supervision under the kind of supervision that will best protect

5-23     public safety.  The level of supervision of inmates released from

5-24     the Texas Department of Criminal Justice should be appropriate

5-25     based on their likelihood of committing new offenses, the nature of

5-26     their original offenses, their performance in prison programs

5-27     designed to rehabilitate inmates, and any other factor deemed by a

 6-1     parole panel to be relevant to their status.

 6-2           The legislature finds that there is a need for a program of

 6-3     intensive supervision of certain inmates whose histories indicate a

 6-4     propensity for violence.  Regardless of whether an inmate's instant

 6-5     offense is a violent offense, there is a need for careful

 6-6     evaluation and review of each inmate released from prison to

 6-7     determine the need for supervision of the inmate.

 6-8           The legislature intends by this measure, and by related

 6-9     appropriations, to enhance existing parole programs and to provide

6-10     appropriate supervision, including electronic monitoring, under

6-11     existing and future law for dangerous inmates released from the

6-12     Texas Department of Criminal Justice.  It is the legislature's

6-13     intention that the scope of allowable supervision under this

6-14     measure and related statutes be construed in the broadest possible

6-15     manner consistent with constitutional restraints.

6-16           SECTION 7.  Section 498.003, Government Code, is amended by

6-17     adding Subsection (f) to read as follows:

6-18           (f)  The department may establish and use a separate

6-19     classification system, based on the classes listed in Subsection

6-20     (b), that:

6-21                 (1)  requires inmates determined by the department to

6-22     need treatment to diligently participate in treatment; and

6-23                 (2)  makes the award of good conduct time dependent on

6-24     that diligent participation.

6-25           SECTION 8.  Section 3(e), Article 6252-13c.1, Revised

6-26     Statutes, is amended to read as follows:

6-27           (e)  Not later than the eighth day after receiving a

 7-1     registration form under Subsection (b), (c), or (d) of this

 7-2     section, the local law enforcement authority shall verify the age

 7-3     of the victim and the basis on which the person is subject to

 7-4     registration under this article.  If the victim is a child younger

 7-5     than 17 years of age and the basis on which the person is subject

 7-6     to registration is not an adjudication of delinquent conduct or a

 7-7     deferred adjudication and is not a conviction for an offense under

 7-8     Section 25.02, Penal Code, the authority shall immediately publish

 7-9     notice in English and Spanish in the [at least one] newspaper of

7-10     greatest paid [general] circulation in the county in which the

7-11     person subject to registration intends to reside or, if there is no

7-12     newspaper of paid circulation in that county, in the newspaper of

7-13     greatest general circulation in the county.  The authority shall

7-14     publish a duplicate notice in the newspaper, with any necessary

7-15     corrections, during the week immediately following the week of

7-16     initial publication.  If the victim is a child younger than 17

7-17     years of age, regardless of the basis on which the person is

7-18     subject to registration, the authority shall immediately provide

7-19     notice to the superintendent of public schools of the school

7-20     district in which the person subject to registration intends to

7-21     reside by mail to the district office.

7-22           SECTION 9.  Section 4(f), Article 6252-13c.1, Revised

7-23     Statutes, is amended to read as follows:

7-24           (f)  If the person moves to another municipality or county in

7-25     this state, the department shall inform the applicable local law

7-26     enforcement authority in the new area of the person's residence not

7-27     later than the third day after the date on which the department

 8-1     receives information under Subsection (a) of this section.  Not

 8-2     later than the eighth day after the date on which the local law

 8-3     enforcement authority is informed under Subsection (a) of this

 8-4     section or under this subsection, the authority shall verify the

 8-5     age of the victim and the basis on which the person is subject to

 8-6     registration under this article.  If the victim is a child younger

 8-7     than 17 years of age and the basis on which the person is subject

 8-8     to registration is not an adjudication of delinquent conduct or a

 8-9     deferred adjudication and is not a conviction for an offense under

8-10     Section 25.02, Penal Code, the authority shall immediately publish

8-11     notice in English and Spanish in the [at least one] newspaper of

8-12     greatest paid [general] circulation in the county in which the

8-13     person subject to registration intends to reside or, if there is no

8-14     newspaper of paid circulation in that county, in the newspaper of

8-15     greatest general circulation in the county.  The local law

8-16     enforcement authority shall publish a duplicate notice in the

8-17     newspaper, with any necessary corrections, during the week

8-18     immediately following the week of initial publication.  If the

8-19     victim is a child younger than 17 years of age, regardless of the

8-20     basis on which the person is subject to registration, the authority

8-21     shall immediately provide notice to the superintendent of public

8-22     schools of the school district in which the person subject to

8-23     registration intends to reside by mail to the district office.

8-24           SECTION 10.  (a)  The changes in law made by Sections 2-5 of

8-25     this Act apply only to a person charged with or convicted of an

8-26     offense committed on or after the effective date of this Act.  The

8-27     change in law made by Section 6(a) of this Act applies to an inmate

 9-1     who is on parole or mandatory supervision on or after the effective

 9-2     date of this Act, regardless of when the offense for which the

 9-3     inmate was serving a sentence before release was committed.  The

 9-4     change in law made by Section 7 of this Act applies only to an

 9-5     inmate of the Texas Department of Criminal Justice serving a

 9-6     sentence for an offense committed on or after the effective date of

 9-7     this Act.  For purposes of this section, an offense is committed

 9-8     before the effective date of this Act if any element of the offense

 9-9     occurs before the effective date.

9-10           (b)  Except as provided by Subsection (a), a person charged

9-11     with or convicted of an offense committed before the effective date

9-12     of this Act is covered by the law in effect when the offense was

9-13     committed, and the former law is continued in effect for that

9-14     purpose.

9-15           SECTION 11.  This Act takes effect September 1, 1997.

9-16           SECTION 12.  The importance of this legislation and the

9-17     crowded condition of the calendars in both houses create an

9-18     emergency and an imperative public necessity that the

9-19     constitutional rule requiring bills to be read on three several

9-20     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2918 was passed by the House on April

         11, 1997, by a non-record vote; that the House refused to concur in

         Senate amendments to H.B. No. 2918 on May 20, 1997, and requested

         the appointment of a conference committee to consider the

         differences between the two houses; and that the House adopted the

         conference committee report on H.B. No. 2918 on May 29, 1997, by

         the following vote:  Yeas 143, Nays 0, 1 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2918 was passed by the Senate, with

         amendments, on May 16, 1997, by a viva-voce vote; at the request of

         the House, the Senate appointed a conference committee to consider

         the differences between the two houses; and that the Senate adopted

         the conference committee report on H.B. No. 2918 on May 30, 1997,

         by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor