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.