By Shapiro S.B. No. 47
75R1929 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility for release on parole of certain
1-3 dangerous offenders and to the imposition of post-imprisonment
1-4 supervision on those offenders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
1-7 by adding Section 12.48 to read as follows:
1-8 Sec. 12.48. POST-IMPRISONMENT SUPERVISION. (a) On
1-9 conviction of an offense for which a defendant is ineligible for
1-10 release on parole under Section 8(b), Article 42.18, Code of
1-11 Criminal Procedure, the judge shall impose on the defendant, in
1-12 addition to the punishment otherwise authorized under this code, a
1-13 three-year term of post-imprisonment supervision by the Board of
1-14 Pardons and Paroles, to commence immediately on the defendant's
1-15 release on completion of the term of imprisonment.
1-16 (b) This section does not apply to a defendant sentenced to
1-17 death.
1-18 SECTION 2. Section 8(b), Article 42.18, Code of Criminal
1-19 Procedure, is amended to read as follows:
1-20 (b)(1) An inmate [A prisoner under sentence of death] is not
1-21 eligible for release on parole if the inmate:
1-22 (A) is under sentence of death or [.]
1-23 [(2) If a prisoner] is serving a life sentence for a
1-24 capital felony;
2-1 (B) [, the prisoner is not eligible for release
2-2 on parole until the actual calendar time the prisoner has served,
2-3 without consideration of good conduct time, equals 40 calendar
2-4 years. If a prisoner] is serving a [life] sentence imposed under
2-5 Section 12.42(d)(2), Penal Code;
2-6 (C) [, the prisoner is not eligible for release
2-7 on parole until the actual calendar time the prisoner has served,
2-8 without consideration of good conduct time, equals 35 calendar
2-9 years.]
2-10 [(3) If a prisoner] is serving a sentence for the
2-11 offenses described by Subdivision (1)[(A), (C), (D), (E), (F), or
2-12 (G)] of Section 3g(a), Article 42.12, of this code; or
2-13 (D) is serving a sentence the [, or if the]
2-14 judgment for which contains an affirmative finding under
2-15 Subdivision (2) of Subsection (a) of Section 3g, Article 42.12, of
2-16 this code [of that article, he is not eligible for release on
2-17 parole until his actual calendar time served, without consideration
2-18 of good conduct time, equals one-half of the maximum sentence or 30
2-19 calendar years, whichever is less, but in no event shall he be
2-20 eligible for release on parole in less than two calendar years].
2-21 (2) [(4)] If an inmate [a prisoner] is serving a
2-22 sentence for which the punishment is increased under Section
2-23 481.134, Health and Safety Code, the inmate [prisoner] is not
2-24 eligible for release on parole until the inmate's [prisoner's]
2-25 actual calendar time served, without consideration of good conduct
2-26 time, equals five years or the maximum term to which the inmate
2-27 [prisoner] was sentenced, whichever is less. If an inmate is
3-1 serving a sentence for an offense described by this subdivision and
3-2 Subdivision (1), the eligibility of the inmate for release on
3-3 parole is controlled by Subdivision (1).
3-4 (3) [(5)] Except as provided by Subsection (m) of this
3-5 section, all other inmates [prisoners] shall be eligible for
3-6 release on parole when their calendar time served plus good conduct
3-7 time equals one-fourth of the maximum sentence imposed or 15 years,
3-8 whichever is less.
3-9 SECTION 3. Article 42.18, Code of Criminal Procedure, is
3-10 amended by adding Section 30 to read as follows:
3-11 Sec. 30. POST-IMPRISONMENT SUPERVISION. (a) Not later than
3-12 the 180th day before the date on which an inmate sentenced to
3-13 post-imprisonment supervision under Section 12.48, Penal Code, is
3-14 to complete the term of imprisonment to which the inmate was
3-15 sentenced, a parole panel shall review the inmate's record while
3-16 imprisoned and may interview the inmate. On the basis of the
3-17 review and any interview of the inmate, the parole panel shall
3-18 prepare a supervision plan for the inmate. The supervision plan
3-19 may contain any condition that a parole panel could impose on an
3-20 inmate released on parole under Section 8 of this article.
3-21 (b) On completion of the term of imprisonment to which the
3-22 inmate was sentenced, the institutional division shall discharge
3-23 the inmate from the institutional division, but shall give to the
3-24 inmate a copy of the supervision plan prepared for the inmate under
3-25 Subsection (a) of this section.
3-26 (c) If an inmate on post-imprisonment supervision is alleged
3-27 to have violated a condition of the supervision plan prepared for
4-1 the inmate under Subsection (a) of this section, the inmate is
4-2 entitled to a hearing in the same manner as is a parolee under
4-3 Section 14(a) of this article, except that on a determination by a
4-4 parole panel or its designee that the inmate violated a condition
4-5 of the supervision plan, the panel or designee may require the
4-6 inmate to be confined in a state jail felony facility for any term
4-7 of not less than 90 days or more than three years. The parole
4-8 panel or designee may not require the inmate to be confined in any
4-9 correctional facility other than a state jail felony facility.
4-10 (d) Time served in a state jail felony facility under
4-11 Subsection (c) of this section does not count as time served
4-12 against the three-year term of post-imprisonment supervision
4-13 imposed by the court under Section 12.48, Penal Code, except that
4-14 in no case may the time a defendant is required to serve in a state
4-15 jail felony facility under Subsection (c) exceed three years.
4-16 (e) On completion of a period of post-imprisonment
4-17 supervision, the board shall provide the inmate with a certificate
4-18 stating that the inmate has discharged the sentence of
4-19 post-imprisonment supervision.
4-20 SECTION 4. (a) The change in law made by this Act applies
4-21 only to an inmate convicted of an offense committed on or after the
4-22 effective date of this Act. For purposes of this section, an
4-23 offense is committed before the effective date of this Act if any
4-24 element of the offense occurs before the effective date.
4-25 (b) An inmate convicted of an offense committed before the
4-26 effective date of this Act is covered by the law in effect when the
4-27 offense was committed, and the former law is continued in effect
5-1 for that purpose.
5-2 SECTION 5. This Act takes effect September 1, 1997.
5-3 SECTION 6. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.