By Whitmire S.B. No. 250
75R2272 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the repeal of release to mandatory supervision and to
1-3 parole procedures applicable to certain inmates of the Texas
1-4 Department of Criminal Justice.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The article heading of Article 42.18, Code of
1-7 Criminal Procedure, is amended to read as follows:
1-8 Art. 42.18. ADULT PAROLE [AND MANDATORY SUPERVISION] LAW.
1-9 SECTION 2. Section 1, Article 42.18, Code of Criminal
1-10 Procedure, is amended to read as follows:
1-11 Sec. 1. INTENT. It is the intent of this article to provide
1-12 for the release of appropriate persons on parole and[,] to
1-13 designate the Board of Pardons and Paroles as the exclusive
1-14 authority to determine paroles[, and to aid all prisoners to
1-15 readjust to society upon completion of their period of
1-16 incarceration by providing a program of mandatory supervision for
1-17 those prisoners not released on parole or through executive
1-18 clemency]. It is the final intent of this article to remove from
1-19 existing statutes the limitations, other than questions of
1-20 constitutionality, that have acted as barriers to an effective
1-21 system [systems] of parole [and mandatory supervision] in the
1-22 public interest.
1-23 SECTION 3. Section 2, Article 42.18, Code of Criminal
1-24 Procedure, is amended to read as follows:
2-1 Sec. 2. DEFINITIONS. In this article:
2-2 (1) "Parole" means the [discretionary and] conditional
2-3 release of an eligible prisoner sentenced to the institutional
2-4 division so that the prisoner may serve the remainder of his
2-5 sentence under the supervision and control of the pardons and
2-6 paroles division. Except for a release under Section 8(c), a
2-7 release on parole is a discretionary release. Parole shall not be
2-8 construed to mean a commutation of sentence or any other form of
2-9 executive clemency.
2-10 (2) ["Mandatory supervision" means the release of an
2-11 eligible prisoner sentenced to the institutional division so that
2-12 the prisoner may serve the remainder of his sentence not on parole
2-13 but under the supervision and control of the pardons and paroles
2-14 division. Mandatory supervision may not be construed as a
2-15 commutation of sentence or any other form of executive clemency.]
2-16 [(3)] "Parole officer" means a person duly appointed
2-17 by the director and assigned the duties of assessment of risks and
2-18 needs, investigation, case management, and supervision of paroled
2-19 prisoners [and prisoners released to mandatory supervision] to see
2-20 that parolees [and mandatory supervision releasees] are complying
2-21 with the conditions of parole [or mandatory supervision, as
2-22 applicable].
2-23 (3) [(4)] "Board" means the Board of Pardons and
2-24 Paroles.
2-25 (4) [(5)] "Director" means the director of the pardons
2-26 and paroles division.
2-27 (5) [(6)] "Community supervision and corrections
3-1 department" means a department established by a district judge or
3-2 district judges under Article 42.131 of this code.
3-3 (6) [(7)] "Institutional division" means the
3-4 institutional division of the Texas Department of Criminal Justice.
3-5 (7) [(8)] "Division" means the pardons and paroles
3-6 division of the Texas Department of Criminal Justice.
3-7 (8) [(9)] "Department" means the Texas Department of
3-8 Criminal Justice.
3-9 SECTION 4. Section 7, Article 42.18, Code of Criminal
3-10 Procedure, is amended by amending Subsections (a), (b), (c), and
3-11 (e) to read as follows:
3-12 (a) The members of the board shall:
3-13 (1) determine under [Sections 8(a)-(f) of] this
3-14 article which prisoners are to be released on parole;
3-15 (2) determine under [Sections 8(g) and (j) of] this
3-16 article conditions of parole [and mandatory supervision];
3-17 (3) perform the constitutional duties imposed on the
3-18 board by Article IV, Section 11, of the Texas Constitution;
3-19 (4) determine which prisoners may be released from
3-20 supervision and reporting under Section 15 of this article; and
3-21 (5) determine under Section 14 of this article the
3-22 revocation of parole [and mandatory supervision].
3-23 (b) A parole panel, as provided in Subsection (e) of this
3-24 section, may grant, deny, or revoke parole[, revoke mandatory
3-25 supervision status,] and conduct parole revocation hearings [and
3-26 mandatory supervision revocation hearings].
3-27 (c) The board shall develop and implement a policy that
4-1 clearly defines circumstances under which a board member should
4-2 disqualify himself from voting on a parole decision or on a
4-3 decision to revoke parole [or mandatory supervision].
4-4 (e) Except as provided by Subsection (g) of this section, in
4-5 matters of parole[, release to mandatory supervision,] and
4-6 revocation of parole [or mandatory supervision], the board members
4-7 shall act in panels comprised of three persons in each panel. The
4-8 composition of the respective panels shall be designated by the
4-9 chairman of the board. A majority of each panel shall constitute a
4-10 quorum for the transaction of its business, and its decisions shall
4-11 be by majority vote. The members of a panel are not required to
4-12 meet as a body to perform the members' duties as prescribed by this
4-13 article, except to conduct a hearing as provided by Section 14 of
4-14 this article.
4-15 SECTION 5. Section 8, Article 42.18, Code of Criminal
4-16 Procedure, is amended to read as follows:
4-17 Sec. 8. ELIGIBILITY FOR RELEASE; CONDITIONS ON RELEASE. (a)
4-18 A parole panel is authorized to release on parole any person
4-19 confined in any penal or correctional institution who is eligible
4-20 for parole under this section. A parole panel may consider a
4-21 person for release on parole if the person has been sentenced to a
4-22 term of imprisonment in the institutional division, is confined in
4-23 a jail in this state, a federal correctional institution, or a jail
4-24 or a correctional institution in another state, and is eligible for
4-25 parole. A parole panel may release a person on parole during the
4-26 parole month established for the person if the panel determines
4-27 that the person's release will not increase the likelihood of harm
5-1 to the public. The institutional division shall provide the board
5-2 with sentence time credit information on persons described in this
5-3 subsection. Good time credit shall be calculated for a person as
5-4 if the person were confined in the institutional division during
5-5 the entire time the person was actually confined. The period of
5-6 parole shall be equivalent to the maximum term for which the
5-7 prisoner was sentenced less calendar time actually served on the
5-8 sentence. Every prisoner while on parole shall remain in the legal
5-9 custody of the pardons and paroles division and shall be amenable
5-10 to conditions of supervision ordered by a parole panel under this
5-11 article. All paroles shall issue upon order of a parole panel.
5-12 (b)(1) A prisoner under sentence of death is not eligible
5-13 for parole.
5-14 (2) If a prisoner is serving a life sentence for a
5-15 capital felony, the prisoner is not eligible for release on parole
5-16 until the actual calendar time the prisoner has served, without
5-17 consideration of good conduct time, equals 40 calendar years. If a
5-18 prisoner is serving a life sentence imposed under Section
5-19 12.42(d)(2), Penal Code, the prisoner is not eligible for release
5-20 on parole until the actual calendar time the prisoner has served,
5-21 without consideration of good conduct time, equals 35 calendar
5-22 years.
5-23 (3) If a prisoner is serving a sentence for the
5-24 offenses described by Subdivision (1)(A), (C), (D), (E), (F), [or]
5-25 (G), or (H) of Section 3g(a), Article 42.12 of this code, or if the
5-26 judgment contains an affirmative finding under Subdivision (2) of
5-27 Subsection (a) of Section 3g of that article, he is not eligible
6-1 for release on parole until his actual calendar time served,
6-2 without consideration of good conduct time, equals one-half of the
6-3 maximum sentence or 30 calendar years, whichever is less, but in no
6-4 event shall he be eligible for release on parole in less than two
6-5 calendar years.
6-6 (4) If a prisoner is serving a sentence for which the
6-7 punishment is increased under Section 481.134, Health and Safety
6-8 Code, the prisoner is not eligible for release on parole until the
6-9 prisoner's actual calendar time served, without consideration of
6-10 good conduct time, equals five years or the maximum term to which
6-11 the prisoner was sentenced, whichever is less.
6-12 (5) Except as provided by Subsection (m) of this
6-13 section, all other prisoners shall be eligible for release on
6-14 parole when their calendar time served plus good conduct time
6-15 equals one-fourth of the maximum sentence imposed or 15 years,
6-16 whichever is less.
6-17 (c) Except as otherwise provided by this subsection and
6-18 Subsection (c-1), a prisoner [who is not on parole] shall be
6-19 released on parole [to mandatory supervision] by order of a parole
6-20 panel when the calendar time he has served plus any accrued good
6-21 conduct time equal the maximum term to which he was sentenced. [A
6-22 prisoner released to mandatory supervision shall, upon release, be
6-23 deemed as if released on parole. To the extent practicable,
6-24 arrangements for the prisoner's proper employment, maintenance, and
6-25 care shall be made prior to his release to mandatory supervision.
6-26 The period of mandatory supervision shall be for a period
6-27 equivalent to the maximum term for which the prisoner was sentenced
7-1 less calendar time actually served on the sentence. The time
7-2 served on mandatory supervision is calculated as calendar time.
7-3 Every prisoner while on mandatory supervision shall remain in the
7-4 legal custody of the state and shall be amenable to conditions of
7-5 supervision ordered by the parole panel.] A prisoner may not be
7-6 released on parole under this subsection [to mandatory supervision]
7-7 if the prisoner is serving or has previously been convicted for an
7-8 offense and the judgment for the offense contains an affirmative
7-9 finding under Subdivision (2), Subsection (a), Section 3g, Article
7-10 42.12, of this code or if the prisoner is serving a sentence for or
7-11 has previously been convicted of:
7-12 (1) a first degree felony under Section 19.02, Penal
7-13 Code (Murder);
7-14 (2) a capital felony under Section 19.03, Penal Code
7-15 (Capital Murder);
7-16 (3) a first degree felony or a second degree felony
7-17 under Section 20.04, Penal Code (Aggravated Kidnapping);
7-18 (4) a second degree felony under Section 21.11, Penal
7-19 Code (Indecency with a Child);
7-20 (5) a second degree felony under Section 22.011, Penal
7-21 Code (Sexual Assault);
7-22 (6) [(5)] a second degree or first degree felony under
7-23 Section 22.02, Penal Code (Aggravated Assault);
7-24 (7) [(6)] a first degree felony under Section 22.021,
7-25 Penal Code (Aggravated Sexual Assault);
7-26 (8) [(7)] a first degree felony under Section 22.04,
7-27 Penal Code (Injury to a Child, Elderly Individual, or Disabled
8-1 Individual);
8-2 (9) [(8)] a first degree felony under Section 28.02,
8-3 Penal Code (Arson);
8-4 (10) [(9)] a second degree felony under Section 29.02,
8-5 Penal Code (Robbery);
8-6 (11) [(10)] a first degree felony under Section 29.03,
8-7 Penal Code (Aggravated Robbery);
8-8 (12) [(11)] a first degree felony under Section 30.02,
8-9 Penal Code (Burglary); or
8-10 (13) [(12)] a felony for which the punishment is
8-11 increased under Section 481.134, Health and Safety Code (Drug-Free
8-12 Zones).
8-13 (c-1) A prisoner may not be released on parole under
8-14 Subsection (c) [mandatory supervision] if a parole panel determines
8-15 that [the prisoner's accrued good conduct time is not an accurate
8-16 reflection of the prisoner's potential for rehabilitation and that]
8-17 the prisoner's release would pose a significant threat to [endanger
8-18 the] public safety. A parole panel that makes a determination
8-19 under this subsection [section] shall specify in writing the
8-20 reasons for the determination. A determination under this
8-21 subsection is not subject to administrative or judicial review,
8-22 except that the parole panel making the determination shall
8-23 reconsider the prisoner for release on parole under this subsection
8-24 [on mandatory supervision] at least twice during the two years
8-25 after the date of the determination.
8-26 (d)(1) If a prisoner is sentenced to consecutive felony
8-27 sentences under Article 42.08 of this code, a parole panel shall
9-1 designate during each sentence the date, if any, on which the
9-2 prisoner would have been eligible for release on parole if the
9-3 prisoner had been sentenced to serve a single sentence.
9-4 (2) For the purposes of Article 42.08 of this code,
9-5 the judgment and sentence of a prisoner sentenced for a felony,
9-6 other than the last sentence in a series of consecutive sentences,
9-7 cease to operate:
9-8 (A) when the actual calendar time served by the
9-9 prisoner equals the sentence imposed by the court; or
9-10 (B) on the date a parole panel designates as the
9-11 date on which the prisoner would have been eligible for release on
9-12 parole if the prisoner had been sentenced to serve a single
9-13 sentence.
9-14 (3) A parole panel may not treat consecutive sentences
9-15 as a single sentence for purposes of parole and may not release on
9-16 parole a prisoner sentenced to serve consecutive felony sentences
9-17 earlier than the date on which the prisoner becomes eligible for
9-18 release on parole from the last sentence imposed on the prisoner.
9-19 (4) Calendar time served and good conduct time accrued
9-20 by a prisoner that are used by a parole panel in determining when a
9-21 judgment and sentence cease to operate may not be used by the
9-22 panel:
9-23 (A) for the same purpose in determining that
9-24 date in a subsequent sentence in the same series of consecutive
9-25 sentences; or
9-26 (B) for determining the date on which a prisoner
9-27 becomes eligible for release on parole from the last sentence in a
10-1 series of consecutive sentences.
10-2 (e) Not later than the 120th day after the date on which a
10-3 prisoner is admitted to the institutional division, the Texas
10-4 Department of Criminal Justice shall secure all pertinent
10-5 information relating to the prisoner, including but not limited to
10-6 the court judgment, any sentencing report, the circumstances of the
10-7 prisoner's offense, the prisoner's previous social history and
10-8 criminal record, the prisoner's physical and mental health record,
10-9 a record of the prisoner's conduct, employment history, and
10-10 attitude in prison, and any written comments or information
10-11 provided by local trial officials or victims of the offense. The
10-12 Texas Department of Criminal Justice shall establish a proposed
10-13 program of measurable institutional progress that must be submitted
10-14 to the board at the time of the board's consideration of the
10-15 inmate's case for release. The board shall conduct an initial
10-16 review of an eligible inmate not later than the 180th day after the
10-17 date of the inmate's admission to the institutional division.
10-18 Before the inmate is approved for release to parole by the board,
10-19 the inmate must agree to participate in the programs and activities
10-20 described by the proposed program of measurable institutional
10-21 progress. The institutional division shall work closely with the
10-22 board to monitor the progress of the inmate in the institutional
10-23 division and shall report the progress to the board before the
10-24 inmate's release.
10-25 (f)(1) In this subsection: (A) "close relative of a
10-26 deceased victim" means a person who was the spouse of a deceased
10-27 victim at the time of the victim's death, a parent of the deceased
11-1 victim, or an adult brother, sister, or child of the deceased
11-2 victim; (B) "guardian of a victim" means a person who is the legal
11-3 guardian of a victim, whether or not the legal relationship between
11-4 the guardian and victim exists because of the age of the victim or
11-5 the physical or mental incompetency of the victim; and (C) "victim"
11-6 means a person who is a victim of sexual assault, kidnapping,
11-7 aggravated robbery, or felony stalking [harassment] or who has
11-8 suffered bodily injury or death as the result of the criminal
11-9 conduct of another.
11-10 (2) Before a parole panel considers for parole a
11-11 prisoner who is serving a sentence for an offense in which a person
11-12 was a victim, the pardons and paroles division, using the name and
11-13 address provided on the victim impact statement, shall make a
11-14 reasonable effort to notify a victim of the prisoner's crime or if
11-15 the victim has a legal guardian or is deceased, to notify the legal
11-16 guardian or close relative of the deceased victim. If the notice
11-17 is sent to a guardian or close relative of a deceased victim, the
11-18 notice must contain a request by the pardons and paroles division
11-19 that the guardian or relative inform other persons having an
11-20 interest in the matter that the prisoner is being considered for
11-21 parole. The parole panel shall allow a victim, guardian of a
11-22 victim, close relative of a deceased victim, or a representative of
11-23 a victim or his guardian or close relative to provide a written
11-24 statement. The parole panel also shall allow one person to appear
11-25 in person before the board members to present a statement of the
11-26 person's views about the offense, the defendant, and the effect of
11-27 the offense on the victim. The person may be the victim of the
12-1 prisoner's crime or, if the victim has a legal guardian or is
12-2 deceased, the legal guardian of the victim or close relative of the
12-3 deceased victim. If more than one person is otherwise entitled
12-4 under this subdivision to appear in person before the board, only
12-5 the person chosen by all persons entitled to appear as their sole
12-6 representative may appear before the board. This subsection may
12-7 not be construed to limit the number of persons who may provide
12-8 written statements for or against the release of the prisoner on
12-9 parole. The parole panel shall consider the statements and the
12-10 information provided in a victim impact statement in determining
12-11 whether or not to recommend parole. However, the failure of the
12-12 pardons and paroles division to comply with notice requirements of
12-13 this subsection is not a ground for revocation of parole.
12-14 (3) If a victim, guardian of a victim, or close
12-15 relative of a deceased victim would be entitled to notification of
12-16 parole consideration by the pardons and paroles division but for
12-17 failure by that person to provide a victim impact statement
12-18 containing the person's name and address, the person is nonetheless
12-19 entitled to receive notice if the person files with the pardons and
12-20 paroles division a written request for that notification. After
12-21 receiving such a written request, the pardons and paroles division
12-22 shall grant to the person all the privileges to which the person
12-23 would be entitled had the person submitted a victim impact
12-24 statement. Before a prisoner is released from the institutional
12-25 division on parole [or on the release of a prisoner on mandatory
12-26 supervision], the pardons and paroles division shall give notice of
12-27 the release to any person entitled to notification of parole
13-1 consideration for the prisoner because the person filed with the
13-2 pardons and paroles division a victim impact statement or a request
13-3 for notification of a parole consideration.
13-4 (4) Except as necessary to comply with this section,
13-5 the board or the Texas Department of Criminal Justice may not
13-6 disclose to any person the name or address of a victim or other
13-7 person entitled to notice under this section unless the victim or
13-8 that person approves the disclosure or the board or the department
13-9 is ordered to disclose the information by a court of competent
13-10 jurisdiction after the court determines that there is good cause
13-11 for disclosure.
13-12 (5) Before ordering the parole of any prisoner, a
13-13 parole panel may have the prisoner appear before it and interview
13-14 him. A parole shall be ordered only for the best interest of
13-15 society, not as an award of clemency; it shall not be considered to
13-16 be a reduction of sentence or pardon. The board shall develop and
13-17 implement parole guidelines that shall be the basic criteria on
13-18 which parole decisions are made. The parole guidelines shall be
13-19 developed according to an acceptable research method and shall be
13-20 based on the seriousness of the offense and the likelihood of
13-21 favorable parole outcome. The board shall review the parole
13-22 guidelines periodically and make reports on those reviews to the
13-23 Legislative Criminal Justice Board. If a member of the board
13-24 deviates from the parole guidelines in casting a vote on a parole
13-25 decision, the member shall produce a brief written statement
13-26 describing the circumstances regarding the departure from the
13-27 guidelines and place a copy of the statement in the file of the
14-1 inmate for whom the parole decision was made. The board shall keep
14-2 a copy of each statement in a central location. A prisoner shall
14-3 be placed on parole only when arrangements have been made for his
14-4 employment or for his maintenance and care and when the parole
14-5 panel believes that he is able and willing to fulfill the
14-6 obligations of a law-abiding citizen. Every prisoner while on
14-7 parole shall remain in the legal custody of the pardons and paroles
14-8 division and shall be amenable to the conditions of supervision
14-9 ordered under this article.
14-10 (g) The board may adopt such other reasonable rules not
14-11 inconsistent with law as it may deem proper or necessary with
14-12 respect to the eligibility of prisoners for parole [and mandatory
14-13 supervision], the conduct of parole [and mandatory supervision]
14-14 hearings, or conditions to be imposed upon parolees [and persons
14-15 released to mandatory supervision]. Each person to be released on
14-16 parole shall be furnished a contract setting forth in clear and
14-17 intelligible language the conditions and rules of parole. The
14-18 parole panel may include as a condition of parole [or mandatory
14-19 supervision] any condition that a court may impose on a defendant
14-20 placed on community supervision under Article 42.12 of this code,
14-21 including the condition that the person released submit to testing
14-22 for controlled substances or submit to electronic monitoring if the
14-23 parole panel determines that absent testing for controlled
14-24 substances or participation in an electronic monitoring program the
14-25 person would not be released on parole. Acceptance, signing, and
14-26 execution of the contract by the inmate to be paroled shall be a
14-27 precondition to release on parole. [Persons released on mandatory
15-1 supervision shall be furnished a written statement setting forth in
15-2 clear and intelligible language the conditions and rules of
15-3 mandatory supervision.] The parole panel may also require as a
15-4 condition of parole [or release to mandatory supervision] that the
15-5 person make payments in satisfaction of damages the person is
15-6 liable for under Section 500.002, Government Code. The parole panel
15-7 shall require as a condition of parole [or mandatory supervision]
15-8 that the person register under Article 6252-13c.1, Revised
15-9 Statutes. The parole panel may require as a condition of parole
15-10 [or release to mandatory supervision] that the person attend
15-11 counseling sessions for substance abusers or participate in
15-12 substance abuse treatment services in a program or facility
15-13 approved or licensed by the Texas Commission on Alcohol and Drug
15-14 Abuse if the person was sentenced for an offense involving
15-15 controlled substances or the panel determines that the defendant's
15-16 substance abuse was connected to the commission of the offense.
15-17 The parole panel shall require as a condition of parole [or
15-18 mandatory supervision] that an inmate who immediately before
15-19 release is a participant in the program established under Section
15-20 501.0931, Government Code, participate in a drug or alcohol abuse
15-21 continuum of care treatment program.
15-22 (g-1) The Texas Commission on Alcohol and Drug Abuse shall
15-23 develop the continuum of care treatment program.
15-24 (h) It shall be the duty of the pardons and paroles division
15-25 at least 10 days before the board orders the parole of any prisoner
15-26 or at least 10 days after recommending the granting of executive
15-27 clemency by the governor to notify the sheriff, the prosecuting
16-1 attorney, and the district judge in the county where such person
16-2 was convicted and the county to which the prisoner is released that
16-3 such parole or clemency is being considered by the board or by the
16-4 governor. For any case in which there was a change of venue, the
16-5 pardons and paroles division shall notify those same officials in
16-6 the county in which the prosecution was originated if, no later
16-7 than 30 days after the date on which the defendant was sentenced,
16-8 those officials request in writing that the pardons and paroles
16-9 division give them notice under this section of any future release
16-10 of the prisoner. Additionally, no later than the 10th day after
16-11 the parole panel orders the transfer of a prisoner to a halfway
16-12 house under this article, the pardons and paroles division shall
16-13 notify the sheriff of the county in which the prisoner was
16-14 convicted and shall notify the sheriff of the county in which the
16-15 halfway house is located and the attorney who represents the state
16-16 in the prosecution of felonies in that county. The notice must
16-17 state the prisoner's name, the county in which the prisoner was
16-18 convicted, and the offense for which the prisoner was convicted.
16-19 (i) As an element of the pardons and paroles division's
16-20 halfway house program, the pardons and paroles division, in
16-21 conjunction with the institutional division, shall utilize halfway
16-22 houses for the purpose of diverting from housing in regular units
16-23 of the institutional division suitable low-risk prisoners and other
16-24 prisoners who would benefit from a smoother transition from
16-25 incarceration to supervised release. To accomplish this purpose, a
16-26 parole panel, after reviewing all available pertinent information,
16-27 may designate a presumptive parole date for any inmate who (i) is
17-1 not serving a sentence for an offense listed in Subdivision (1) of
17-2 Subsection (a) of Section 3g of Article 42.12 of this code and
17-3 whose judgment does not contain an affirmative finding under
17-4 Subdivision (2) of Subsection (a) of Section 3g of that article;
17-5 and (ii) has never been convicted of an offense listed in
17-6 Subdivision (1) of Subsection (a) of Section 3g of that article and
17-7 has never had a conviction, the judgment for which contains an
17-8 affirmative finding under Subdivision (2) of Subsection (a) of
17-9 Section 3g of that article. The presumptive parole date may not be
17-10 a date which is earlier than the prisoner's initial parole
17-11 eligibility date, as calculated or projected pursuant to Subsection
17-12 (b) of this section. Before transferring a prisoner to a halfway
17-13 house, the pardons and paroles division shall send to the director
17-14 of the halfway house all information relating to the prisoner that
17-15 the pardons and paroles division feels will aid the halfway house
17-16 in helping the prisoner make a transition from prison to supervised
17-17 release. If a prisoner for whom a presumptive parole date has been
17-18 established is transferred into a preparole residence in a halfway
17-19 house pursuant to the terms of Subchapter A, Chapter 498,
17-20 Government Code, the pardons and paroles division is responsible
17-21 for his supervision. A parole panel may rescind or postpone a
17-22 previously established presumptive parole date on the basis of
17-23 reports from agents of the pardons and paroles division responsible
17-24 for supervision or agents of the institutional division acting in
17-25 the case. If a preparolee transferred to preparole status has
17-26 satisfactorily served his sentence in the halfway house to which he
17-27 is assigned from the date of transfer to the presumptive parole
18-1 date, without rescission or postponement of the date, the parole
18-2 panel shall order his release to parole and issue an appropriate
18-3 certificate of release. The person is subject to the provisions of
18-4 this article governing release on parole.
18-5 (j) In addition to other conditions of parole [and release
18-6 on mandatory supervision] imposed under this section, a parole
18-7 panel shall require a prisoner released on parole [or mandatory
18-8 supervision] to pay a parole supervision fee of $10 to the pardons
18-9 and paroles division for each month during which the prisoner is
18-10 under parole supervision. The fee applies to a prisoner released
18-11 in another state who is required as a term of his release to report
18-12 to a parole officer or supervisor in this state for parole
18-13 supervision. On the request of the prisoner, a parole panel may
18-14 allow the prisoner to defer payments under this subsection. The
18-15 prisoner remains responsible for payment of the fee and must make
18-16 the deferred payment not later than two years after the date on
18-17 which the payment becomes due. The board of the Texas Department
18-18 of Criminal Justice shall establish rules relating to the method of
18-19 payment required of the person on parole [or mandatory
18-20 supervision]. Fees collected under this subsection by the pardons
18-21 and paroles division shall be remitted to the comptroller of public
18-22 accounts, who shall deposit the fees in the general revenue fund of
18-23 the state treasury. In a parole [or mandatory supervision]
18-24 revocation hearing under Section 14 of this article at which it is
18-25 alleged only that the person failed to make a payment under this
18-26 subsection, the inability of the person to pay as ordered by a
18-27 parole panel is an affirmative defense to revocation, which the
19-1 person must prove by a preponderance of the evidence.
19-2 (k) In addition to other conditions imposed by a parole
19-3 panel under this article, the parole panel shall require as a
19-4 condition of parole [or release to mandatory supervision] that the
19-5 prisoner demonstrate to the parole panel whether the prisoner has
19-6 an educational skill level that is equal to or greater than the
19-7 average skill level of students who have completed the sixth grade
19-8 in public schools in this state. If the parole panel determines
19-9 that the person has not attained that skill level, the parole panel
19-10 shall require as a condition of parole [or release to mandatory
19-11 supervision] that the prisoner attain that level of educational
19-12 skill, unless the parole panel determines that the person lacks the
19-13 intellectual capacity or the learning ability to ever achieve that
19-14 level of skill.
19-15 (l) In addition to other conditions imposed by a parole
19-16 panel under this article, the parole panel shall require as a
19-17 condition of parole [or release to mandatory supervision], on
19-18 evidence of the presence of a controlled substance in the
19-19 defendant's body, or on any evidence the defendant has used a
19-20 controlled substance, or on evidence that controlled substance use
19-21 is related to the offense for which the defendant was convicted,
19-22 that the defendant submit to testing for controlled substances.
19-23 The Texas Board of Criminal Justice by rule shall adopt
19-24 procedures for the administration of tests required by this
19-25 subsection.
19-26 (m) A prisoner serving a sentence for which parole
19-27 eligibility is otherwise determined under Subsection (b)(4) of this
20-1 section may become eligible for special needs parole at a date
20-2 earlier than the date calculated under Subsection (b)(4) of this
20-3 section, as designated by a parole panel under this subsection, if:
20-4 (1) the prisoner has been identified by the
20-5 institutional division as being elderly, physically handicapped,
20-6 mentally ill, terminally ill, or mentally retarded;
20-7 (2) the prisoner is determined by the parole panel,
20-8 because of the prisoner's condition and on the basis of a medical
20-9 evaluation, to no longer constitute a threat to public safety and
20-10 no longer constitute a threat to commit further offenses; and
20-11 (3) the pardons and paroles division has prepared for
20-12 the prisoner a special needs parole plan that ensures appropriate
20-13 supervision, service provision, and placement.
20-14 (n) A prisoner diagnosed as mentally ill or mentally
20-15 retarded may be released under Subsection (m) of this section only
20-16 if the pardons and paroles division has prepared for the prisoner a
20-17 special needs parole plan that ensures appropriate supervision,
20-18 service provision, and placement as approved by the Texas Council
20-19 on Offenders with Mental Impairments.
20-20 (o)(1) In addition to other conditions imposed by a parole
20-21 panel under this article, the parole panel may require as a
20-22 condition of parole [or release to mandatory supervision] that an
20-23 inmate serving a sentence for an offense under Section 42.071,
20-24 Penal Code, may not:
20-25 (A) communicate directly or indirectly with the
20-26 victim; or
20-27 (B) go to or near the residence, place of
21-1 employment, or business of the victim or to or near a school,
21-2 day-care facility, or similar facility where a dependent child of
21-3 the victim is in attendance.
21-4 (2) If a parole panel requires the prohibition
21-5 contained in Subdivision (1)(B) of this subsection as a condition
21-6 of parole [or release to mandatory supervision], the parole panel
21-7 shall specifically describe the prohibited locations and the
21-8 minimum distances, if any, that the inmate must maintain from the
21-9 locations.
21-10 (p) [(o)] In addition to other conditions of parole [and
21-11 release on mandatory supervision] imposed under this section, a
21-12 parole panel shall require a prisoner released on parole [or
21-13 mandatory supervision] to pay an administrative fee of $8 to the
21-14 pardons and paroles division for each month during which the
21-15 prisoner is under parole supervision. The fee applies to a
21-16 prisoner released in another state who is required as a term of his
21-17 release to report to a parole officer or supervisor in this state
21-18 for parole supervision. On the request of the prisoner, a parole
21-19 panel may allow the prisoner to defer payments under this
21-20 subsection. The prisoner remains responsible for payment of the
21-21 fee and must make the deferred payment not later than two years
21-22 after the date on which the payment becomes due. The board of the
21-23 Texas Department of Criminal Justice shall establish rules relating
21-24 to the method of payment required of the person on parole [or
21-25 mandatory supervision]. Fees collected under this subsection by
21-26 the pardons and paroles division shall be remitted to the
21-27 comptroller of public accounts, who shall deposit the fees in the
22-1 compensation to victims of crime fund of the state treasury. In a
22-2 parole [or mandatory supervision] revocation hearing under Section
22-3 14 of this article at which it is alleged only that the person
22-4 failed to make a payment under this subsection, the inability of
22-5 the person to pay as ordered by a parole panel is an affirmative
22-6 defense to revocation, which the person must prove by a
22-7 preponderance of the evidence.
22-8 (q) [(o)] In addition to other conditions imposed by a
22-9 parole panel under this article, the parole panel shall require as
22-10 a condition of parole [or release to mandatory supervision] that a
22-11 prisoner for whom the court has made an affirmative finding under
22-12 Article 42.014 of this code perform not less than 300 hours of
22-13 community service at a project designated by the parole panel that
22-14 primarily serves the person or group who was the target of the
22-15 defendant.
22-16 (r) [(o)] The pardons and paroles division shall develop and
22-17 implement a comprehensive program to inform inmates, their
22-18 families, and other interested parties about the parole process.
22-19 The division shall update the program annually.
22-20 (s) [(p)] In addition to other conditions and fees imposed
22-21 by a parole panel under this article, the parole panel shall
22-22 require as a condition of parole [or release to mandatory
22-23 supervision] that a prisoner convicted of an offense under Section
22-24 21.08, 21.11, 22.011, 22.021, 25.02, [25.06,] 43.25, or 43.26,
22-25 Penal Code, pay to the pardons and paroles division a parole
22-26 supervision fee of $5 each month during the period of parole
22-27 supervision.
23-1 (t) [(q)] The pardons and paroles division shall remit fees
23-2 collected under Subsection (s) [(p)] of this section to the
23-3 comptroller. The comptroller shall deposit the fees in the general
23-4 revenue fund to the credit of the sexual assault program fund
23-5 established by Section 44.0061, Health and Safety Code.
23-6 (u) [(r)] In addition to other conditions and fees imposed
23-7 by a parole panel under this article, the parole panel shall
23-8 require as a condition of parole [or release to mandatory
23-9 supervision] that a person required to register as a sex offender
23-10 under Article 6252-13c.1, Revised Statutes, pay to the person's
23-11 supervising officer a fee that equals the actual cost to the
23-12 applicable local law enforcement authority for providing notice for
23-13 publication to a newspaper as required by Article 6252-13c.1,
23-14 Revised Statutes. The pardons and paroles division shall remit
23-15 fees collected under this subsection to the applicable local law
23-16 enforcement authority to reimburse the authority for the actual
23-17 cost incurred by the authority, as evidenced by written receipt,
23-18 for providing notice for publication to a newspaper as required by
23-19 Article 6252-13c.1, Revised Statutes. In a parole [or mandatory
23-20 supervision] revocation hearing under Section 14 of this article at
23-21 which it is alleged only that the person failed to make a payment
23-22 under this subsection, the inability of the person to pay as
23-23 ordered by a parole panel is an affirmative defense to revocation,
23-24 which the person must prove by a preponderance of the evidence.
23-25 (v) [(u)](1) A parole panel shall establish a child safety
23-26 zone applicable to an inmate described by Subdivision (2) if the
23-27 panel determines that a child as defined by Section 22.011(c),
24-1 Penal Code, was the victim of the offense by requiring as a
24-2 condition of parole [or release to mandatory supervision] that the
24-3 inmate:
24-4 (A) not: (i) supervise or participate in any
24-5 program that includes as participants or recipients persons who are
24-6 17 years of age or younger and that regularly provides athletic,
24-7 civic, or cultural activities; or (ii) go in, on, or within a
24-8 distance specified by the panel of a premises where children
24-9 commonly gather, including a school, day-care facility, playground,
24-10 public or private youth center, public swimming pool, or video
24-11 arcade facility; and
24-12 (B) attend psychological counseling sessions for
24-13 sex offenders with an individual or organization which provides sex
24-14 offender treatment or counseling as specified by the parole officer
24-15 supervising the parolee after release.
24-16 (2) This section applies to an inmate serving a
24-17 sentence for an offense:
24-18 (A) under Section 43.25 or 43.26, Penal Code;
24-19 (B) under Section 21.11, 22.011, 22.021, or
24-20 25.02, Penal Code;
24-21 (C) under Section 20.04(a)(4), Penal Code, if
24-22 the inmate committed the offense with the intent to violate or
24-23 abuse the victim sexually; or
24-24 (D) under Section 30.02, Penal Code, punishable
24-25 under Subsection (d) of that section, if the inmate committed the
24-26 offense with the intent to commit a felony listed in Paragraph (B)
24-27 or (C) of this subdivision.
25-1 (3) A parole officer who under Subdivision (1)(B)
25-2 specifies a sex offender treatment provider to provide counseling
25-3 to an inmate shall contact the provider before the inmate is
25-4 released, establish the date, time, and place of the first session
25-5 between the inmate and the provider, and request the provider to
25-6 immediately notify the officer if the inmate fails to attend the
25-7 first session or any subsequent scheduled session.
25-8 (4) At any time after the imposition of a condition
25-9 under Subdivision (1)(A), the inmate may request the parole panel
25-10 to modify the child safety zone applicable to the inmate because
25-11 the zone as created by the panel:
25-12 (A) interferes with the ability of the inmate to
25-13 attend school or hold a job and consequently constitutes an undue
25-14 hardship for the inmate; or
25-15 (B) is broader than necessary to protect the
25-16 public, given the nature and circumstances of the offense.
25-17 (5) A parole officer supervising an inmate described
25-18 by Subdivision (2) may permit the inmate to enter on an
25-19 event-by-event basis into the child safety zone from which the
25-20 inmate is otherwise prohibited from entering if:
25-21 (A) the inmate has served at least two years of
25-22 the period of supervision imposed on release;
25-23 (B) the inmate enters the zone as part of a
25-24 program to reunite with the inmate's family;
25-25 (C) the inmate presents to the parole officer a
25-26 written proposal specifying where the inmate intends to go within
25-27 the zone, why and with whom the inmate is going, and how the inmate
26-1 intends to cope with any stressful situations that occur;
26-2 (D) the sex offender treatment provider treating
26-3 the inmate agrees with the officer that the inmate should be
26-4 allowed to attend the event; and
26-5 (E) the officer and the treatment provider agree
26-6 on a chaperon to accompany the inmate, and the chaperon agrees to
26-7 perform that duty.
26-8 (6) In this subsection, "playground," "premises,"
26-9 "school," "video arcade facility," and "youth center" have the
26-10 meanings assigned by Section 481.134, Health and Safety Code.
26-11 SECTION 6. Section 8A, Article 42.18, Code of Criminal
26-12 Procedure, is amended to read as follows:
26-13 Sec. 8A. RESIDENCE DURING PAROLE [OR RELEASE TO MANDATORY
26-14 SUPERVISION]. (a) In addition to other conditions imposed by a
26-15 parole panel under this article, the panel shall require as a
26-16 condition of parole [or release to mandatory supervision] that the
26-17 defendant reside during the period of parole [or mandatory
26-18 supervision] in the county in which:
26-19 (1) the defendant resided at the time of committing
26-20 the offense for which the defendant was sentenced to the
26-21 institutional division; or
26-22 (2) the defendant committed the offense for which the
26-23 defendant was sentenced to the institutional division, but only if
26-24 the defendant was not a resident of this state at the time of
26-25 committing the offense.
26-26 (b) A parole panel may require a defendant to reside in a
26-27 county other than the county required by Subsection (a) of this
27-1 section to:
27-2 (1) protect the life or safety of a victim of the
27-3 defendant's offense, the defendant, a witness in the case, or any
27-4 other person; or
27-5 (2) increase the likelihood of the defendant's
27-6 successful completion of parole [or mandatory supervision], because
27-7 of:
27-8 (A) written expressions of significant public
27-9 concern in the county in which the defendant would otherwise be
27-10 required to reside;
27-11 (B) the presence of family members or friends in
27-12 the other county who have expressed a willingness to assist the
27-13 defendant in successfully completing the terms and conditions of
27-14 the defendant's release on parole [or mandatory supervision];
27-15 (C) the verified existence of a job offer in the
27-16 other county; or
27-17 (D) the availability of treatment programs,
27-18 educational programs, or other social service programs in the other
27-19 county that are not available in the county in which the defendant
27-20 would otherwise be required to reside.
27-21 (c) At any time after a defendant is released on parole [or
27-22 mandatory supervision], a parole panel may modify the conditions of
27-23 parole [or release on mandatory supervision] to require the
27-24 defendant to reside in a county other than the county required by
27-25 the original conditions. In making a decision under this
27-26 subsection, a parole panel must consider the factors listed in
27-27 Subsection (b) of this section.
28-1 (d) If a parole panel initially requires the defendant to
28-2 reside in a county other than the county required by Subsection (a)
28-3 of this section, the parole panel shall subsequently require the
28-4 person to reside in the county described by Subsection (a) of this
28-5 section if the requirement that the defendant reside in the other
28-6 county was based on:
28-7 (1) the verified existence of a job offer under
28-8 Subsection (b)(2)(C) of this section and the defendant is no longer
28-9 employed in or actively seeking employment; or
28-10 (2) the availability of treatment programs,
28-11 educational programs, or other social service programs under
28-12 Subsection (b)(2)(D) of this section and the defendant:
28-13 (A) no longer regularly participates in the
28-14 program as required by a term or condition of parole [or release to
28-15 mandatory supervision]; or
28-16 (B) has successfully completed the program but
28-17 has violated another term or condition of the defendant's release
28-18 on parole [or mandatory supervision].
28-19 (e) If a parole panel requires the defendant to reside in a
28-20 county other than the county required by Subsection (a) of this
28-21 section, the panel shall state the reason for its decision in
28-22 writing, and place the statement in the defendant's permanent
28-23 record.
28-24 (f) This section does not apply to a decision by a parole
28-25 panel to require a defendant to serve the period of parole [or
28-26 mandatory supervision] in another state.
28-27 SECTION 7. Section 8B, Article 42.18, Code of Criminal
29-1 Procedure, is amended by amending Subsections (a) and (c) to read
29-2 as follows:
29-3 (a) The parolee restitution fund is a fund outside the
29-4 treasury and consists of restitution payments made by persons
29-5 released on parole [or mandatory supervision]. Money in the fund
29-6 may be used only to pay restitution as required by a condition of
29-7 parole [or release to mandatory supervision] to victims of criminal
29-8 offenses.
29-9 (c) When the board orders the payment of restitution in the
29-10 manner prescribed by Article 42.037(h) from a person released on
29-11 parole [or mandatory supervision], the department shall:
29-12 (1) collect the payment for disbursement to the
29-13 victim;
29-14 (2) deposit the payment in the parolee restitution
29-15 fund; and
29-16 (3) transmit the payment to the victim as soon as
29-17 practicable.
29-18 SECTION 8. Section 13, Article 42.18, Code of Criminal
29-19 Procedure, is amended to read as follows:
29-20 Sec. 13. WARRANTS. (a) A warrant for the return of a
29-21 paroled prisoner, [a prisoner released to mandatory supervision,] a
29-22 prisoner released although not eligible for release, a resident
29-23 released to a preparole or work program, a prisoner released on
29-24 emergency reprieve or on furlough, or a person released on a
29-25 conditional pardon to the institution from which the person was
29-26 paroled, released, or pardoned may be issued by the director or a
29-27 designated agent of the director in case [cases] of parole [or
30-1 mandatory supervision], or by the board on order by the governor in
30-2 other cases, if there is reason to believe that the person has been
30-3 released although not eligible for release, if the person has been
30-4 arrested for an offense, if there is a verified complaint stating
30-5 that the person violated a rule or condition of release, or if
30-6 there is reliable evidence that the person has exhibited behavior
30-7 during the person's release that indicates to a reasonable person
30-8 that the person poses a danger to society that warrants the
30-9 person's immediate return to custody. The person may be held in
30-10 custody pending a determination of all facts surrounding the
30-11 alleged offense, violation of a rule or condition of release, or
30-12 dangerous behavior. A designated agent of the director acts
30-13 independently from a parole officer and must receive specialized
30-14 training as determined by the director. Such warrant shall
30-15 authorize all officers named therein to take actual custody of the
30-16 prisoner and detain and house the prisoner until a parole panel
30-17 orders the return of the prisoner to the institution from which he
30-18 was released. Pending hearing, as hereinafter provided, upon any
30-19 charge of parole violation or[,] ineligible release[, or violation
30-20 of the conditions of mandatory supervision], a prisoner returned to
30-21 custody shall remain incarcerated. If the director, a board
30-22 member, or a designated agent of the director or the board is
30-23 otherwise authorized to issue a warrant under this subsection, the
30-24 division may instead issue to a prisoner a summons requiring the
30-25 prisoner to appear for a hearing under Section 14 of this article.
30-26 The summons must state the time, place, date, and purpose of the
30-27 hearing.
31-1 (b) A prisoner for whose return a warrant has been issued
31-2 shall, after the issuance of such warrant, be deemed a fugitive
31-3 from justice and if it shall appear that he has violated the
31-4 conditions or provisions of his [mandatory supervision or] parole,
31-5 the time from the issuing of such warrant to the date of his arrest
31-6 shall not be counted as any part of the time to be served under his
31-7 sentence. The law now in effect concerning the right of the State
31-8 of Texas to extradite persons and return fugitives from justice and
31-9 Article 42.11 of this code concerning the waiver of all legal
31-10 requirements to obtain extradition of fugitives from justice from
31-11 other states to this state shall not be impaired by this article
31-12 and shall remain in full force and effect.
31-13 SECTION 9. Section 14(a), Article 42.18, Code of Criminal
31-14 Procedure, is amended to read as follows:
31-15 (a) Whenever a prisoner or a person granted a conditional
31-16 pardon is accused of a violation of his parole[, mandatory
31-17 supervision,] or conditional pardon, on information and complaint
31-18 by a law enforcement officer or parole officer, or is arrested
31-19 after an ineligible release, he shall be entitled to be heard on
31-20 such charges before a parole panel or a designee of the board under
31-21 such rules as the board may adopt; provided, however, said hearing
31-22 shall be held within 70 days of the date of arrest under a warrant
31-23 issued by the director or a designated agent of the director or by
31-24 the board on order by the governor and at a time and place set by
31-25 that parole panel or designee. The panel or designee may hold the
31-26 hearing at a date later than the date otherwise required by this
31-27 section if it determines a delay is necessary to assure due process
32-1 for the person, except that the authority issuing the warrant shall
32-2 immediately withdraw the warrant if the hearing is not held before
32-3 the 121st day after the date of arrest. If a parole panel or
32-4 designee determines that a parolee[, mandatory supervisee,] or
32-5 person granted a conditional pardon has been convicted in a court
32-6 of competent jurisdiction of a felony offense committed while an
32-7 administrative releasee and has been sentenced by the court to a
32-8 term of incarceration in a penal institution, the determination is
32-9 to be considered a sufficient hearing to revoke the parole [or
32-10 mandatory supervision] or recommend to the governor revocation of a
32-11 conditional pardon without further hearing, except that the parole
32-12 panel or designee shall conduct a hearing to consider mitigating
32-13 circumstances if requested by the parolee[, mandatory supervisee,]
32-14 or person granted a conditional pardon. When the parole panel or
32-15 designee has heard the facts, the board may recommend to the
32-16 governor that the conditional pardon be continued, revoked, or
32-17 modified, or it may continue, revoke, or modify the parole [or
32-18 mandatory supervision], in any manner warranted by the evidence.
32-19 The parole panel or designee must make its recommendation or
32-20 decision no later than the 30th day after the date the hearing is
32-21 concluded. When a person's parole[, mandatory supervision,] or
32-22 conditional pardon is revoked, that person may be required to serve
32-23 the portion remaining of the sentence on which he was released,
32-24 such portion remaining to be calculated without credit for the time
32-25 from the date of his release to the date of revocation. When a
32-26 warrant is issued charging a violation of release conditions, the
32-27 sentence time credit may be suspended until a determination is made
33-1 in such case and such suspended time credit may be reinstated
33-2 should such parole[, mandatory supervision,] or conditional pardon
33-3 be continued.
33-4 SECTION 10. Section 15(b), Article 42.18, Code of Criminal
33-5 Procedure, is amended to read as follows:
33-6 (b) The pardons and paroles division may allow a person
33-7 released on parole [or mandatory supervision] to serve the
33-8 remainder of the person's sentence without supervision and without
33-9 being required to report if:
33-10 (1) the person has been under the supervision for not
33-11 less than one-half of the time that remained on the person's
33-12 sentence when the person was released from imprisonment and during
33-13 the period of supervision the person's parole [or release on
33-14 mandatory supervision] has not been revoked; and
33-15 (2) the pardons and paroles division determines that:
33-16 (A) the person has made a good faith effort to
33-17 comply with any restitution order imposed on the person by a court
33-18 of competent jurisdiction; and
33-19 (B) allowing the person to serve the remainder
33-20 of the person's sentence without supervision and reporting is in
33-21 the best interest of society.
33-22 SECTION 11. Section 17(a), Article 42.18, Code of Criminal
33-23 Procedure, is amended to read as follows:
33-24 (a) The pardons and paroles division shall have general
33-25 responsibility for the investigation and supervision of all
33-26 prisoners released on parole [and to mandatory supervision].
33-27 SECTION 12. Section 18, Article 42.18, Code of Criminal
34-1 Procedure, is amended to read as follows:
34-2 Sec. 18. CONFIDENTIAL INFORMATION. (a) Except as provided
34-3 by Subsection (b), all information, including victim protest
34-4 letters or other correspondence, victim impact statements, lists of
34-5 inmates eligible for release on parole, and arrest records of
34-6 inmates, obtained and maintained in connection with inmates of the
34-7 institutional division subject to parole[, release to mandatory
34-8 supervision,] or executive clemency, or individuals who may be on
34-9 [mandatory supervision or] parole and under the supervision of the
34-10 pardons and paroles division, or persons directly identified in any
34-11 proposed plan of release for a prisoner, is confidential and
34-12 privileged.
34-13 (b) This section does not apply to information regarding a
34-14 sex offender if the information is authorized for release under
34-15 Article 6252-13c.1, Revised Statutes.
34-16 (c) [(b)] Statistical and general information respecting the
34-17 parole [and mandatory supervision] program and system, including
34-18 the names of paroled prisoners[, prisoners released to mandatory
34-19 supervision,] and data recorded in connection with parole [and
34-20 mandatory supervision] services, is not confidential or privileged
34-21 and must be made available for public inspection at any reasonable
34-22 time.
34-23 (d) [(c)] On request of the governor, a member of the board,
34-24 the Criminal Justice Policy Council in performing duties of the
34-25 council under Section 413.021, Government Code, or an eligible
34-26 entity requesting information for a law enforcement, prosecutorial,
34-27 correctional, clemency, or treatment purpose, the department may
35-1 provide to the person or entity for that purpose information made
35-2 confidential and privileged by this section.
35-3 (e) [(d)] In this section, "eligible entity" means:
35-4 (1) a government agency, including the office of a
35-5 prosecuting attorney;
35-6 (2) an organization with which the Texas Department of
35-7 Criminal Justice contracts or an organization to which the
35-8 department provides a grant; or
35-9 (3) an organization to which inmates are referred for
35-10 services by the Texas Department of Criminal Justice.
35-11 SECTION 13. Section 19, Article 42.18, Code of Criminal
35-12 Procedure, is amended by amending Subsections (a) and (c) to read
35-13 as follows:
35-14 (a) It is expressly provided that no person may be employed
35-15 as a parole officer or supervisor or be responsible for the
35-16 investigation or supervision of persons on parole [or mandatory
35-17 supervision], unless he meets the following qualifications together
35-18 with any other qualifications that may be specified by the
35-19 director: four years of successfully completed education in an
35-20 accredited college or university and two years of full-time paid
35-21 employment in responsible correctional work with adults or
35-22 juveniles or in a related field. Additional experience in the
35-23 above categories may be substituted year for year for the required
35-24 college education, with a maximum substitution for two years. This
35-25 subsection applies only to persons employed as parole officers or
35-26 supervisors before or on September 1, 1990.
35-27 (c) No person who is serving as a sheriff, deputy sheriff,
36-1 constable, deputy constable, city policeman, Texas Ranger, state
36-2 highway patrolman, or similar law enforcement officer or as a
36-3 prosecuting attorney shall act as a parole officer or be
36-4 responsible for the supervision of persons on parole [or released
36-5 to mandatory supervision].
36-6 SECTION 14. Section 21, Article 42.18, Code of Criminal
36-7 Procedure, is amended to read as follows:
36-8 Sec. 21. LITERACY. The Texas Board of Criminal Justice and
36-9 the Central Education Agency shall adopt a memorandum of
36-10 understanding that establishes the respective responsibilities of
36-11 the board and the agency in implementing a continuing education
36-12 program to increase the literacy of inmates released from the
36-13 institutional division on parole [and mandatory supervision]. The
36-14 Texas Board of Criminal Justice and the agency shall coordinate the
36-15 development of the memorandum of understanding and each by rule
36-16 shall adopt the memorandum.
36-17 SECTION 15. Section 25(a), Article 42.18, Code of Criminal
36-18 Procedure, is amended to read as follows:
36-19 (a) The division may establish and operate or contract for
36-20 the operation of community residential facilities to house,
36-21 maintain, and provide services for:
36-22 (1) persons required by a parole panel as a condition
36-23 of parole [or mandatory supervision] under this article to serve a
36-24 period in a community-based facility; and
36-25 (2) persons whose release on parole [or mandatory
36-26 supervision] has been continued or modified under Section 14(a) of
36-27 this article, and on whom sanctions have been imposed under that
37-1 section.
37-2 SECTION 16. Article 42.037(h), Code of Criminal Procedure,
37-3 is amended to read as follows:
37-4 (h) If a defendant is placed on community supervision
37-5 [probation] or is paroled [or released on mandatory supervision]
37-6 under this chapter, the court or the Board of Pardons and Paroles
37-7 shall order the payment of restitution ordered under this article
37-8 as a condition of community supervision or [probation,] parole[, or
37-9 mandatory supervision]. The court may revoke community supervision
37-10 [probation] and the Board of Pardons and Paroles may revoke parole
37-11 [or mandatory supervision] if the defendant fails to comply with
37-12 the order. In determining whether to revoke community supervision
37-13 or [probation,] parole[, or mandatory supervision], the court or
37-14 board shall consider:
37-15 (1) the defendant's employment status;
37-16 (2) the defendant's earning ability;
37-17 (3) the defendant's financial resources;
37-18 (4) the willfulness of the defendant's failure to pay;
37-19 and
37-20 (5) any other special circumstances that may affect
37-21 the defendant's ability to pay.
37-22 SECTION 17. Section 8(d), Article 42.09, Code of Criminal
37-23 Procedure, is amended to read as follows:
37-24 (d) The institutional division of the Texas Department of
37-25 Criminal Justice shall make documents received under Subsections
37-26 (a) and (c) available to the pardons and paroles division on the
37-27 request of the pardons and paroles division and shall, on release
38-1 of a defendant on parole [or to mandatory supervision], immediately
38-2 provide the pardons and paroles division with copies of documents
38-3 received under Subsection (a). The pardons and paroles division
38-4 shall provide to the parole officer appointed to supervise the
38-5 defendant a comprehensive summary of the information contained in
38-6 the documents referenced in this section not later than the 14th
38-7 day after the date of the defendant's release. The summary shall
38-8 include a current photograph of the defendant and a complete set of
38-9 the defendant's fingerprints. Upon written request from the county
38-10 sheriff, the photograph and fingerprints shall be filed with the
38-11 sheriff of the county to which the parolee is assigned if that
38-12 county is not the county from which the parolee was sentenced.
38-13 SECTION 18. Section 3g(a), Article 42.12, Code of Criminal
38-14 Procedure, as amended by Chapters 260 and 318, Acts of the 74th
38-15 Legislature, Regular Session, 1995, is amended to read as follows:
38-16 (a) The provisions of Section 3 of this article do not
38-17 apply:
38-18 (1) to a defendant adjudged guilty of an offense
38-19 under:
38-20 (A) Section 19.02, Penal Code (Murder);
38-21 (B) Section 19.03, Penal Code (Capital murder);
38-22 (C) Section 21.11(a)(1), Penal Code (Indecency
38-23 with a child);
38-24 (D) Section 20.04, Penal Code (Aggravated
38-25 kidnapping);
38-26 (E) Section 22.021, Penal Code (Aggravated
38-27 sexual assault);
39-1 (F) Section 29.03, Penal Code (Aggravated
39-2 robbery); [or]
39-3 (G) Chapter 481, Health and Safety Code, for
39-4 which punishment is increased under Section 481.134(c), (d), (e),
39-5 or (f), Health and Safety Code, if it is shown that the defendant
39-6 has been previously convicted of an offense for which punishment
39-7 was increased under any of those subsections; or
39-8 (H) [(G)] Section 22.011(a)(2), Penal Code
39-9 (Sexual assault); or
39-10 (2) to a defendant when it is shown that a deadly
39-11 weapon as defined in Section 1.07, Penal Code, was used or
39-12 exhibited during the commission of a felony offense or during
39-13 immediate flight therefrom, and that the defendant used or
39-14 exhibited the deadly weapon or was a party to the offense and knew
39-15 that a deadly weapon would be used or exhibited. On an affirmative
39-16 finding under this subdivision, the trial court shall enter the
39-17 finding in the judgment of the court. On an affirmative finding
39-18 that the deadly weapon was a firearm, the court shall enter that
39-19 finding in its judgment.
39-20 SECTION 19. Article 43.101(a), Code of Criminal Procedure,
39-21 is amended to read as follows:
39-22 (a) A defendant confined in county jail awaiting trial or a
39-23 defendant confined in county jail after conviction of a felony or
39-24 revocation of community supervision or[,] parole[, or mandatory
39-25 supervision] and awaiting transfer to the institutional division of
39-26 the Texas Department of Criminal Justice may volunteer to
39-27 participate in any work program operated by the sheriff that uses
40-1 the labor of convicted defendants.
40-2 SECTION 20. Article 60.052(c), Code of Criminal Procedure,
40-3 is amended to read as follows:
40-4 (c) Information in the corrections tracking system relating
40-5 to the handling of offenders must include the following information
40-6 about each imprisonment, confinement, or execution of an offender:
40-7 (1) the date of the imprisonment or confinement;
40-8 (2) if the offender was sentenced to death:
40-9 (A) the date of execution; and
40-10 (B) if the death sentence was commuted, the
40-11 sentence to which the sentence of death was commuted and the date
40-12 of commutation;
40-13 (3) the date the offender was released from
40-14 imprisonment or confinement and whether the release was a discharge
40-15 or a release on parole [or mandatory supervision];
40-16 (4) if the offender is released on parole [or
40-17 mandatory supervision]:
40-18 (A) the offense for which the offender was
40-19 convicted by offense code and incident number;
40-20 (B) the date the offender was received by an
40-21 office of the Board of Pardons and Paroles division;
40-22 (C) the county in which the offender resides
40-23 while under supervision;
40-24 (D) any program in which an offender is placed
40-25 or has previously been placed and the level of supervision the
40-26 offender is placed on while under the jurisdiction of the Board of
40-27 Pardons and Paroles division;
41-1 (E) the date a program described by Paragraph
41-2 (D) of this subdivision begins, the date the program ends, and
41-3 whether the program was completed successfully;
41-4 (F) the date a level of supervision described by
41-5 Paragraph (D) of this subdivision begins and the date the level of
41-6 supervision ends;
41-7 (G) if the offender's release status is revoked,
41-8 the reason for the revocation and the date of revocation;
41-9 (H) the expiration date of the sentence; and
41-10 (I) the date of the offender's release from the
41-11 Board of Pardons and Paroles division or the date on which the
41-12 offender is granted clemency; and
41-13 (5) if the offender is released under Section 6(a),
41-14 Article 42.12, of this code, the date of the offender's release.
41-15 SECTION 21. Article 406.009(e), Government Code, is amended
41-16 to read as follows:
41-17 (e) The dismissal and discharge of proceedings under either
41-18 the misdemeanor adult community [probation and] supervision law or
41-19 the adult community supervision or [probation,] parole[, and
41-20 mandatory supervision] law shall not be considered a conviction for
41-21 the purposes of determining good cause.
41-22 SECTION 22. Sections 413.019(a) and (b), Government Code,
41-23 are amended to read as follows:
41-24 (a) Each month the policy council shall determine the
41-25 following information:
41-26 (1) the number and percentage of inmates released on
41-27 parole [or to mandatory supervision] to each county;
42-1 (2) the number and percentage of inmates released on
42-2 parole in absentia to each county; and
42-3 (3) the number of inmates released to and from a
42-4 halfway house in each county, including the number of inmates who
42-5 are required as a condition of release to reside in a county other
42-6 than the county in which a halfway house is located.
42-7 (b) The policy council shall submit to the Texas Board of
42-8 Criminal Justice an annual report that includes the following
42-9 information for the preceding 12 months:
42-10 (1) the number of inmates released on parole [or to
42-11 mandatory supervision];
42-12 (2) the number and percentage of inmates released on
42-13 parole [or to mandatory supervision] to each county, including the
42-14 number of inmates who are required on release from a halfway house
42-15 to reside in a county other than the county in which the halfway
42-16 house is located;
42-17 (3) the number of inmates released on parole in
42-18 absentia;
42-19 (4) the number and destination of inmates who are
42-20 transferred from one county to another during the period of release
42-21 or supervision; and
42-22 (5) the number and percentage of inmates released on
42-23 parole in absentia to each county.
42-24 SECTION 23. Section 466.155(a), Government Code, is amended
42-25 to read as follows:
42-26 (a) After a hearing, the director shall deny an application
42-27 for a license or the commission shall suspend or revoke a license
43-1 if the director or commission, as applicable, finds that the
43-2 applicant or sales agent:
43-3 (1) is an individual who:
43-4 (A) has been convicted of a felony, criminal
43-5 fraud, gambling or a gambling-related offense, or a misdemeanor
43-6 involving moral turpitude, if less than 10 years has elapsed since
43-7 the termination of the sentence, parole, [mandatory supervision,]
43-8 or community supervision [probation] served for the offense;
43-9 (B) is or has been a professional gambler;
43-10 (C) is married to an individual:
43-11 (i) described in Paragraph (A) or (B); or
43-12 (ii) who is currently delinquent in the
43-13 payment of any state tax;
43-14 (D) is an officer or employee of the commission
43-15 or a lottery operator; or
43-16 (E) is a spouse, child, brother, sister, or
43-17 parent residing as a member of the same household in the principal
43-18 place of residence of a person described by Paragraph (D);
43-19 (2) is not an individual, and an individual described
43-20 in Subdivision (1):
43-21 (A) is an officer or director of the applicant
43-22 or sales agent;
43-23 (B) holds more than 10 percent of the stock in
43-24 the applicant or sales agent;
43-25 (C) holds an equitable interest greater than 10
43-26 percent in the applicant or sales agent;
43-27 (D) is a creditor of the applicant or sales
44-1 agent who holds more than 10 percent of the applicant's or sales
44-2 agent's outstanding debt;
44-3 (E) is the owner or lessee of a business that
44-4 the applicant or sales agent conducts or through which the
44-5 applicant will conduct a ticket sales agency;
44-6 (F) shares or will share in the profits, other
44-7 than stock dividends, of the applicant or sales agent; or
44-8 (G) participates in managing the affairs of the
44-9 applicant or sales agent;
44-10 (3) is currently delinquent in the payment of any
44-11 state tax;
44-12 (4) is a person whose location for the sales agency
44-13 is:
44-14 (A) a racetrack at which wagering is authorized
44-15 under the Texas Racing Act (Article 179e, Vernon's Texas Civil
44-16 Statutes);
44-17 (B) a location licensed for games of bingo under
44-18 the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
44-19 Statutes);
44-20 (C) on land that is owned by:
44-21 (i) this state; or
44-22 (ii) a political subdivision of this state
44-23 and on which is located a public primary or secondary school, an
44-24 institution of higher education, or an agency of the state; or
44-25 (D) a location for which a person holds a wine
44-26 and beer retailer's permit, mixed beverage permit, mixed beverage
44-27 late hours permit, private club registration permit, or private
45-1 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
45-2 Alcoholic Beverage Code; or
45-3 (5) has violated this chapter or a rule adopted under
45-4 this chapter.
45-5 SECTION 24. Section 493.015(g), Government Code, as added by
45-6 Section 1, Chapter 85, Acts of the 74th Legislature, Regular
45-7 Session, 1995, is amended to read as follows:
45-8 (g) The department shall cooperate with the Immigration and
45-9 Naturalization Service in implementing an efficient system for the
45-10 deportation of illegal criminal aliens on completion of the
45-11 inmates' sentences or release of the inmates on parole [or
45-12 mandatory supervision]. The department shall consider:
45-13 (1) designating facilities or units within the
45-14 department as central locations to hold inmates who are illegal
45-15 criminal aliens for the period immediately preceding release on
45-16 parole [or mandatory supervision]; and
45-17 (2) providing two-way closed circuit communications
45-18 systems and other technology that will assist the state and the
45-19 federal government in ensuring the timely and efficient deportation
45-20 of illegal criminal aliens on the release of those aliens from
45-21 imprisonment or confinement under the authority of the department.
45-22 SECTION 25. Section 497.035(a), Government Code, is amended
45-23 to read as follows:
45-24 (a) A person commits an offense if the person intentionally
45-25 sells or offers to sell on the open market in this state an article
45-26 or product the person knows was manufactured in whole or in part by
45-27 an inmate of the institutional division or an inmate in a
46-1 correctional facility in any other state, other than an inmate:
46-2 (1) who was on community supervision or[,] parole[, or
46-3 mandatory supervision];
46-4 (2) employed by an enterprise who has employed the
46-5 inmate to advantage themselves of the Franchise Tax Credit offered
46-6 under Subchapter L, Chapter 171, Tax Code, at the time of
46-7 manufacture; or
46-8 (3) participating in a federally certified prison
46-9 industry enhancement program.
46-10 SECTION 26. Section 497.094(a), Government Code, is amended
46-11 to read as follows:
46-12 (a) The department shall implement job training programs for
46-13 inmates confined in facilities operated by the department and
46-14 monitor the success of those programs. The department shall
46-15 collect information relating to the employment histories of inmates
46-16 released from the institutional division on parole [and mandatory
46-17 supervision].
46-18 SECTION 27. Sections 498.003(a) and (c), Government Code,
46-19 are amended to read as follows:
46-20 (a) Good conduct time applies only to eligibility for parole
46-21 [or mandatory supervision] as provided by Section 8, Article 42.18,
46-22 Code of Criminal Procedure, and does not otherwise affect an
46-23 inmate's term. Good conduct time is a privilege and not a right.
46-24 Regardless of the classification of an inmate, the department may
46-25 grant good conduct time to the inmate only if the department finds
46-26 that the inmate is actively engaged in an agricultural, vocational,
46-27 or educational endeavor or in an industrial program or other work
47-1 program, unless the department finds that the inmate is not capable
47-2 of participating in such an endeavor.
47-3 (c) An inmate may not accrue good conduct time during any
47-4 period the inmate is classified as a Class III inmate or is on
47-5 parole [or under mandatory supervision].
47-6 SECTION 28. Section 498.004(b), Government Code, as amended
47-7 by Section 4, Chapter 249, Acts of the 74th Legislature, Regular
47-8 Session, 1995, is amended to read as follows:
47-9 (b) On the revocation of parole [or mandatory supervision]
47-10 of an inmate, the inmate forfeits all good conduct time previously
47-11 accrued. On return to the institutional division the inmate may
47-12 accrue new good conduct time for subsequent time served in the
47-13 division. The department may not restore good conduct time
47-14 forfeited on a revocation.
47-15 SECTION 29. Section 498.004(b), Government Code, as amended
47-16 by Section 1.049, Chapter 321, Acts of the 74th Legislature,
47-17 Regular Session, 1995, is amended to read as follows:
47-18 (b) On the revocation of parole [or mandatory supervision]
47-19 of an inmate, the inmate forfeits all good conduct time previously
47-20 accrued. On return to the institutional division the inmate may
47-21 accrue new good conduct time for subsequent time served in the
47-22 division. The department may restore good conduct time forfeited
47-23 on a revocation that does not involve a new criminal conviction
47-24 after the inmate has served at least three months of good behavior
47-25 in the institutional division, subject to policies established by
47-26 the division.
47-27 SECTION 30. Section 499.002(a), Government Code, is amended
48-1 to read as follows:
48-2 (a) The pardons and paroles division may assume custody of
48-3 an eligible inmate not more than one year before the inmate's
48-4 presumptive parole date [or mandatory supervision release date].
48-5 The eligible inmate becomes a pre-parolee on the date the pardons
48-6 and paroles division assumes custody, and the pardons and paroles
48-7 division immediately shall transfer the pre-parolee to a community
48-8 residential facility. Except as otherwise provided by this
48-9 subchapter, the pre-parolee may serve the remainder of the
48-10 pre-parolee's sentence before release on parole in the facility
48-11 designated by the pardons and paroles division.
48-12 SECTION 31. (a) Section 499.025(b), Government Code, is
48-13 amended to read as follows:
48-14 (b) If the inmate population of the institutional division
48-15 reaches 95 percent of capacity or, if the attorney general has
48-16 authorized an increase in the permissible percentage of capacity
48-17 under Section 499.109, the inmate population reaches that increased
48-18 permissible percentage, the director shall immediately notify the
48-19 executive director, the board, and the attorney general in writing
48-20 of that fact. The attorney general shall certify to the board in
48-21 writing as to whether the institutional division has reached 95
48-22 percent of capacity or, if applicable, the increased permissible
48-23 percentage. If the attorney general certifies that 95 percent of
48-24 capacity has been reached or, if applicable, that the increased
48-25 permissible percentage has been reached, the board shall
48-26 immediately certify that an emergency overcrowding situation exists
48-27 and direct the Board of Pardons and Paroles to proceed in the
49-1 manner described by Subsection (c). If the Commission on Jail
49-2 Standards determines that in any county jail in this state there
49-3 exists an inmate awaiting transfer to the institutional division
49-4 following conviction of a felony or revocation of community
49-5 supervision or [probation,] parole[, or release on mandatory
49-6 supervision] and for whom all paperwork and processing required for
49-7 transfer have been completed for not less than 45 days, the board
49-8 may direct the Board of Pardons and Paroles to proceed in the
49-9 manner described by Subsection (c).
49-10 (b) This section takes effect only if Section 32 of this Act
49-11 does not take effect.
49-12 SECTION 32. (a) Section 499.025(b), Government Code, is
49-13 amended to read as follows:
49-14 (b) If the inmate population of the institutional division
49-15 reaches 100 percent of capacity or, if the attorney general has
49-16 authorized an increase in the permissible percentage of capacity
49-17 under Section 499.109, the inmate population reaches that increased
49-18 permissible percentage, the director shall immediately notify the
49-19 executive director, the board, and the attorney general in writing
49-20 of that fact. The attorney general shall certify to the board in
49-21 writing as to whether the institutional division has reached 100
49-22 percent of capacity or, if applicable, the increased permissible
49-23 percentage. If the attorney general certifies that 100 percent of
49-24 capacity has been reached or, if applicable, that the increased
49-25 permissible percentage has been reached, the board shall
49-26 immediately certify that an emergency overcrowding situation exists
49-27 and direct the Board of Pardons and Paroles to proceed in the
50-1 manner described by Subsection (c). If the Commission on Jail
50-2 Standards determines that in any county jail in this state there
50-3 exists an inmate awaiting transfer to the institutional division
50-4 following conviction of a felony or revocation of community
50-5 supervision or [probation,] parole[, or release on mandatory
50-6 supervision] and for whom all paperwork and processing required for
50-7 transfer have been completed for not less than 45 days, the board
50-8 may direct the Board of Pardons and Paroles to proceed in the
50-9 manner described by Subsection (c).
50-10 (b) This section takes effect only if the attorney general,
50-11 under the terms of Section 71(c), Chapter 318, Acts of the 74th
50-12 Legislature, Regular Session, 1995, makes the certification
50-13 described by Section 71(c). If the attorney general does not make
50-14 the certification described by Section 71(c), this section has no
50-15 effect.
50-16 SECTION 33. Section 499.053(c), Government Code, is amended
50-17 to read as follows:
50-18 (c) All laws relating to good conduct time and eligibility
50-19 for release on parole [or mandatory supervision] apply to a person
50-20 transferred to the institutional division by the youth commission
50-21 as if the time the person was detained in a detention facility and
50-22 the time the person served in the custody of the youth commission
50-23 was time served in the custody of the division.
50-24 SECTION 34. Section 499.122, Government Code, is amended to
50-25 read as follows:
50-26 Sec. 499.122. Inmate Count. The Commission on Jail
50-27 Standards shall analyze monthly the population of each jail in this
51-1 state that is the jail for a qualifying county and determine the
51-2 number of inmates confined in the jail who are awaiting transfer to
51-3 the institutional division following conviction of a felony or
51-4 revocation of community supervision or [probation,] parole[, or
51-5 release on mandatory supervision] and for whom all paperwork and
51-6 processing required under Section 8(a), Article 42.09, Code of
51-7 Criminal Procedure, for transfer have been completed. The
51-8 commission may not consider in determining the population of the
51-9 jail under this section any inmate who is in the jail after having
51-10 been transferred from another jail and for whom the commission has
51-11 made payment under this subchapter.
51-12 SECTION 35. Sections 499.123(a) and (c), Government Code,
51-13 are amended to read as follows:
51-14 (a) Not later than the 32nd day after the effective date of
51-15 this subchapter, the Commission on Jail Standards shall determine
51-16 for each jail in this state that is the jail for a qualifying
51-17 county the number of inmates confined in the jail on April 1, 1991,
51-18 who were awaiting transfer to the institutional division following
51-19 conviction of a felony or revocation of community supervision or
51-20 [probation,] parole[, or release on mandatory supervision] and for
51-21 whom paperwork and processing required under Section 8(a), Article
51-22 42.09, Code of Criminal Procedure, for transfer had been completed
51-23 on that date.
51-24 (c) Not later than September 10, 1993, the Commission on
51-25 Jail Standards shall determine for each jail in this state that is
51-26 the jail for a qualifying county the number of inmates confined in
51-27 the jail on September 1, 1993, who were awaiting transfer to the
52-1 institutional division following conviction of a felony or
52-2 revocation of community supervision or [probation,] parole[, or
52-3 release on mandatory supervision] and for whom paperwork and
52-4 processing required under Section 8(a), Article 42.09, Code of
52-5 Criminal Procedure, for transfer had been completed, as determined
52-6 under Section 499.122, on that date.
52-7 SECTION 36. Section 499.126(a), Government Code, is amended
52-8 to read as follows:
52-9 (a) In this subchapter, "qualifying county" means a county
52-10 that:
52-11 (1) on or after the effective date of this subchapter
52-12 does not initiate or become a party to a suit against the state or
52-13 a state agency or state official, the subject of which is the
52-14 reimbursement of the county for the confinement of inmates in the
52-15 county jail who are awaiting transfer to the institutional division
52-16 following conviction of a felony or revocation of community
52-17 supervision or [probation,] parole[, or release on mandatory
52-18 supervision]; and
52-19 (2) if, before the effective date of this subchapter,
52-20 it was a party to a suit in state court described by Subdivision
52-21 (1), has before the 31st day after the effective date of this
52-22 subchapter:
52-23 (A) had the county's suit vacated and dismissed
52-24 by the court;
52-25 (B) had the county's suit abated by the court,
52-26 by entry of an abatement order that specifically provides that:
52-27 (i) the suit may not be reactivated except
53-1 before September 1, 1997, and except on a finding by the court that
53-2 the state has substantially failed to perform a duty imposed under
53-3 this subchapter;
53-4 (ii) the county is barred from any claim
53-5 for reimbursement for the cost of confining inmates on and after
53-6 the effective date of this subchapter and until September 1, 1995,
53-7 other than reimbursement specified in this subchapter; and
53-8 (iii) if the suit is not reactivated
53-9 before September 1, 1997, the court shall vacate and dismiss the
53-10 suit on that date; or
53-11 (C) had the county's suit settled by written
53-12 agreement.
53-13 SECTION 37. Section 499.152, Government Code, is amended to
53-14 read as follows:
53-15 Sec. 499.152. Eligible Inmates. The institutional division
53-16 may confine an inmate in a transfer facility authorized by this
53-17 subchapter:
53-18 (1) only if paperwork and processing required under
53-19 Section 8(a), Article 42.09, Code of Criminal Procedure, for
53-20 transfer of the inmate to the division has been completed; and
53-21 (2) only during a period in which the inmate would
53-22 otherwise be confined in a county jail awaiting transfer to the
53-23 division following conviction of a felony or revocation of
53-24 community supervision or [probation,] parole[, or release on
53-25 mandatory supervision].
53-26 SECTION 38. Sections 499.155(b) and (c), Government Code,
53-27 are amended to read as follows:
54-1 (b) If an inmate described by Section 499.152 is confined in
54-2 a transfer facility, is released from or transferred from the
54-3 transfer facility or returned to the convicting county under court
54-4 order, and is convicted of a subsequent offense, is returned from
54-5 the convicting county, or is the subject of a revocation of parole
54-6 [or mandatory supervision], the institutional division shall not
54-7 calculate the previous period of confinement in determining the
54-8 maximum period the defendant may be confined in a transfer facility
54-9 following conviction of the subsequent offense, return from the
54-10 convicting county, or revocation.
54-11 (c) If an inmate is discharged or released on parole [or
54-12 mandatory supervision] from a transfer facility, the inmate is
54-13 entitled to receive release or discharge money from the
54-14 institutional division in the same amount as an inmate is entitled
54-15 to receive on release or discharge from any other facility of the
54-16 institutional division under Section 501.015.
54-17 SECTION 39. Sections 501.015(a) and (b), Government Code,
54-18 are amended to read as follows:
54-19 (a) When an inmate is discharged or is released on parole[,
54-20 mandatory supervision,] or conditional pardon, the institutional
54-21 division shall provide the inmate with:
54-22 (1) suitable civilian clothing;
54-23 (2) money held in the inmate's trust account by the
54-24 director; and
54-25 (3) cash, in an amount and in the manner described by
54-26 Subsection (b).
54-27 (b) When an inmate is released on parole[, mandatory
55-1 supervision,] or conditional pardon, the inmate is entitled to
55-2 receive $100 from the department and transportation at the expense
55-3 of the department to the location at which the inmate is required
55-4 to report to a parole officer by the pardons and paroles division.
55-5 The inmate shall receive $50 on his release from the institution
55-6 and $50 on initially reporting to a parole officer at the location
55-7 at which the inmate is required to report to a parole officer. If
55-8 an inmate is released and is not required by the pardons and
55-9 paroles division to report to a parole officer or is authorized by
55-10 the pardons and paroles division to report to a location outside
55-11 this state, the department shall provide the inmate with $100 and,
55-12 at the expense of the department, transportation to:
55-13 (1) the location of the inmate's residence, if the
55-14 residence is in this state; or
55-15 (2) a transit point determined appropriate by the
55-16 department, if the inmate's residence is outside this state or the
55-17 inmate is required by the pardons and paroles division to report to
55-18 a location outside this state.
55-19 SECTION 40. Section 501.016(a), Government Code, is amended
55-20 to read as follows:
55-21 (a) The department shall prepare and provide an inmate with
55-22 the inmate's discharge or release papers when the inmate is
55-23 entitled to be discharged or to be released on parole[, mandatory
55-24 supervision,] or conditional pardon. The papers must be dated and
55-25 signed by the officer preparing the papers and bear the seal of the
55-26 department. The papers must contain:
55-27 (1) the inmate's name;
56-1 (2) a statement of the offense or offenses for which
56-2 the inmate was sentenced;
56-3 (3) the date on which the defendant was sentenced and
56-4 the length of the sentence;
56-5 (4) the name of the county in which the inmate was
56-6 sentenced;
56-7 (5) the amount of calendar time the inmate actually
56-8 served;
56-9 (6) a statement of any trade learned by the inmate and
56-10 the inmate's proficiency at that trade; and
56-11 (7) the physical description of the inmate, as far as
56-12 practicable.
56-13 SECTION 41. Section 501.054(g), Government Code, is amended
56-14 to read as follows:
56-15 (g) The department shall maintain the confidentiality of
56-16 test results of an inmate indicating HIV infection after the
56-17 inmate's discharge, release from a state jail, or release on parole
56-18 [or mandatory supervision] and may not honor the request of an
56-19 agency of the state or any person who requests a test result as a
56-20 condition of housing or supervising the inmate while the inmate is
56-21 on community supervision or parole [or mandatory supervision],
56-22 unless honoring the request would improve the ability of the inmate
56-23 to obtain essential health and social services.
56-24 SECTION 42. Section 501.0931(d), Government Code, is amended
56-25 to read as follows:
56-26 (d) The institutional division shall separate inmates
56-27 participating in the program from the general population of the
57-1 division and house the inmates in discrete units or areas within
57-2 units, except during the diagnostic process or at other times
57-3 determined to be necessary by the division for medical or security
57-4 purposes. The institutional division shall separate an inmate who
57-5 successfully completes the program from the general population of
57-6 the division during any period after completion and before the
57-7 inmate is discharged or released on parole [or mandatory
57-8 supervision] from the department.
57-9 SECTION 43. Section 511.0101(a), Government Code, is amended
57-10 to read as follows:
57-11 (a) Each county shall submit to the commission on or before
57-12 the fifth day of each month a report containing the following
57-13 information:
57-14 (1) the number of prisoners confined in the county
57-15 jail on the first day of the month, classified on the basis of the
57-16 following categories:
57-17 (A) total prisoners;
57-18 (B) pretrial Class C misdemeanor offenders;
57-19 (C) pretrial Class A and B misdemeanor
57-20 offenders;
57-21 (D) convicted misdemeanor offenders;
57-22 (E) felony offenders whose penalty has been
57-23 reduced to a misdemeanor;
57-24 (F) pretrial felony offenders;
57-25 (G) convicted felony offenders;
57-26 (H) prisoners detained on bench warrants;
57-27 (I) prisoners detained for parole violations;
58-1 (J) prisoners detained for federal officers;
58-2 (K) prisoners awaiting transfer to the
58-3 institutional division of the Texas Department of Criminal Justice
58-4 following conviction of a felony or revocation of community
58-5 supervision or [probation,] parole[, or release on mandatory
58-6 supervision] and for whom paperwork and processing required for
58-7 transfer have been completed;
58-8 (L) prisoners detained after having been
58-9 transferred from another jail and for whom the commission has made
58-10 a payment under Subchapter F, Chapter 499, Government Code; and
58-11 (M) other prisoners;
58-12 (2) the total capacity of the county jail on the first
58-13 day of the month; and
58-14 (3) certification by the reporting official that the
58-15 information in the report is accurate.
58-16 SECTION 44. Sections 575.016(a) and (b), Health and Safety
58-17 Code, are amended to read as follows:
58-18 (a) The institutional division of the Texas Department of
58-19 Criminal Justice shall transfer a patient committed to an
58-20 institutional division inpatient mental health facility under
58-21 Section 574.044 to a noncorrectional mental health facility on the
58-22 day the inmate is released on parole [or mandatory supervision].
58-23 (b) A patient transferred to a department mental health
58-24 facility shall be transferred as prescribed by Section 575.011 or
58-25 575.012 to the facility that serves the location to which the
58-26 patient is released on parole [or mandatory supervision].
58-27 SECTION 45. Section 46.04(a), Penal Code, is amended to read
59-1 as follows:
59-2 (a) A person who has been convicted of a felony commits an
59-3 offense if he possesses a firearm:
59-4 (1) after conviction and before the fifth anniversary
59-5 of the person's release from confinement following conviction of
59-6 the felony or the person's release from supervision under community
59-7 supervision or[,] parole[, or mandatory supervision], whichever
59-8 date is later; or
59-9 (2) after the period described by Subdivision (1), at
59-10 any location other than the premises at which the person lives.
59-11 SECTION 46. Section 46.06(a), Penal Code, is amended to read
59-12 as follows:
59-13 (a) A person commits an offense if the person:
59-14 (1) sells, rents, leases, loans, or gives a handgun to
59-15 any person knowing that the person to whom the handgun is to be
59-16 delivered intends to use it unlawfully or in the commission of an
59-17 unlawful act;
59-18 (2) intentionally or knowingly sells, rents, leases,
59-19 or gives or offers to sell, rent, lease, or give to any child
59-20 younger than 18 years any firearm, club, or illegal knife;
59-21 (3) intentionally, knowingly, or recklessly sells a
59-22 firearm or ammunition for a firearm to any person who is
59-23 intoxicated;
59-24 (4) knowingly sells a firearm or ammunition for a
59-25 firearm to any person who has been convicted of a felony before the
59-26 fifth anniversary of the later of the following dates:
59-27 (A) the person's release from confinement
60-1 following conviction of the felony; or
60-2 (B) the person's release from supervision under
60-3 community supervision or[,] parole[, or mandatory supervision]
60-4 following conviction of the felony; or
60-5 (5) sells, rents, leases, loans, or gives a handgun to
60-6 any person knowing that an active protective order is directed to
60-7 the person to whom the handgun is to be delivered.
60-8 SECTION 47. Section 13, Bingo Enabling Act (Article 179d,
60-9 Vernon's Texas Civil Statutes), is amended by amending Subsections
60-10 (c), (l), and (q) to read as follows:
60-11 (c) The commission shall issue to an applicant a license for
60-12 the conduct of bingo, or a license renewal, on payment of a license
60-13 fee in accordance with Subdivision (1) of Subsection (d) of this
60-14 section, if the commission determines that:
60-15 (1) the member or members of the applicant designated
60-16 in the application to conduct bingo are active members of the
60-17 applicant;
60-18 (2) no person under whose name the game or games of
60-19 bingo will be conducted, and no person who will work at the
60-20 proposed bingo games, has been convicted of a felony, gambling
60-21 offense, criminal fraud, or a crime of moral turpitude for which
60-22 less than 10 years have elapsed since termination of any sentence,
60-23 parole, [mandatory supervision,] or community supervision
60-24 [probation] served for the offense;
60-25 (3) the games are to be conducted in accordance with
60-26 this Act;
60-27 (4) the proceeds of the games are to be disposed of as
61-1 provided by this Act;
61-2 (5) the applicant has made and can demonstrate
61-3 significant progress toward the accomplishment of the purposes of
61-4 the organization during the 12-month period preceding the date of
61-5 application for a license or license renewal; and
61-6 (6) all persons who will conduct, promote, or
61-7 administer the proposed bingo games are active, bona fide members
61-8 of the applicant organization and all other persons who will assist
61-9 in conducting, promoting, or administering the proposed bingo games
61-10 are persons authorized to do so by Section 19 of this Act.
61-11 (l) The commission may not issue a license to an authorized
61-12 organization to conduct bingo if an officer of the organization has
61-13 been convicted of a felony, criminal fraud, gambling or
61-14 gambling-related offense, or crime of moral turpitude, if less than
61-15 10 years have elapsed since the termination of any sentence,
61-16 parole, [mandatory supervision,] or community supervision
61-17 [probation] served for the offense.
61-18 (q) The following persons are not eligible for a commercial
61-19 license to lease bingo premises to a licensed authorized
61-20 organization:
61-21 (1) a person convicted of a felony, criminal fraud,
61-22 gambling or gambling-related offense, or crime of moral turpitude,
61-23 if less than 10 years have elapsed since the termination of any
61-24 sentence, parole, [mandatory supervision,] or community supervision
61-25 [probation] served for the offense;
61-26 (2) a public officer who receives any consideration,
61-27 direct or indirect, as owner or lessor of premises offered for the
62-1 purpose of conducting bingo;
62-2 (3) a person who extends credit to, loans money to, or
62-3 pays or provides for the payment of license fees for an authorized
62-4 organization;
62-5 (4) a distributor or manufacturer; or
62-6 (5) a person, firm, or corporation in which a person
62-7 covered by Subdivision (1), (2), (3), or (4) of this subsection or
62-8 a person married or related in the first degree by consanguinity or
62-9 affinity, as determined under Subchapter B, Chapter 573, Government
62-10 Code [Article 5996h, Revised Statutes], to one of those persons has
62-11 greater than a 10 percent proprietary, equitable, or credit
62-12 interest or in which one of those persons is active or employed.
62-13 SECTION 48. Section 13a(c), Bingo Enabling Act (Article
62-14 179d, Vernon's Texas Civil Statutes), is amended to read as
62-15 follows:
62-16 (c) The following persons are not eligible for a license
62-17 issued under this section:
62-18 (1) a person convicted of a felony, criminal fraud,
62-19 gambling or gambling-related offense, or a crime of moral
62-20 turpitude, if less than 10 years have elapsed since the termination
62-21 of any sentence, parole, [mandatory supervision,] or community
62-22 supervision [probation] served for the offense;
62-23 (2) a person who is or has been a professional gambler
62-24 or gambling promoter;
62-25 (3) an elected or appointed public officer or public
62-26 employee;
62-27 (4) an owner, officer, director, shareholder, agent,
63-1 or employee of a commercial lessor licensed under this Act;
63-2 (5) a person who conducts, promotes, or administers,
63-3 or assists in conducting, promoting, or administering bingo games
63-4 for which a license is required by this Act;
63-5 (6) a distributor required to be licensed under this
63-6 Act;
63-7 (7) a person who has had a license to manufacture,
63-8 distribute, or supply bingo equipment, devices, or supplies revoked
63-9 within the preceding year by any other state;
63-10 (8) an owner, officer, director, or shareholder of, or
63-11 holder of an equitable or credit interest in, another manufacturer
63-12 or distributor licensed or required to be licensed under this Act;
63-13 or
63-14 (9) a person, firm, or corporation:
63-15 (A) in which a person described by Subdivision
63-16 (1), (2), (3), (4), (5), (6), (7), or (8) of this subsection or in
63-17 which a person married or related in the first degree by
63-18 consanguinity or affinity to one of those persons has greater than
63-19 a 10 percent proprietary, equitable, or credit interest or in which
63-20 one of those persons is active or employed; or
63-21 (B) in whose application a person described by
63-22 Subdivision (1), (2), (3), (4), (5), (6), (7), or (8) of this
63-23 subsection is required to be named.
63-24 SECTION 49. Section 13b(c), Bingo Enabling Act (Article
63-25 179d, Vernon's Texas Civil Statutes), is amended to read as
63-26 follows:
63-27 (c) The following persons are not eligible for a license
64-1 under this section:
64-2 (1) a person convicted of a felony, criminal fraud,
64-3 gambling or gambling-related offense, or crime of moral turpitude,
64-4 if less than 10 years have elapsed since the termination of any
64-5 sentence, parole, [mandatory supervision,] or community supervision
64-6 [probation] served for the offense;
64-7 (2) a person who is or has been a professional gambler
64-8 or gambling promoter;
64-9 (3) an elected or appointed public officer or a public
64-10 employee;
64-11 (4) an owner, officer, director, shareholder, agent,
64-12 or employee of a commercial lessor licensed under this Act;
64-13 (5) a person who conducts, promotes, or administers,
64-14 or assists in conducting, promoting, or administering bingo games
64-15 for which a license is required by this Act;
64-16 (6) a manufacturer required to be licensed under this
64-17 Act;
64-18 (7) a person whose license to manufacture, distribute,
64-19 or supply bingo equipment, devices, or supplies has been revoked
64-20 within the past year by any other state;
64-21 (8) an owner, officer, director, shareholder, or
64-22 person having an equitable or credit interest in another
64-23 manufacturer or distributor licensed or required to be licensed
64-24 under this Act; or
64-25 (9) a person, firm, or corporation:
64-26 (A) in which a person described by Subdivision
64-27 (1), (2), (3), (4), (5), (6), (7), or (8) of this subsection or in
65-1 which a person married or related in the first degree by
65-2 consanguinity or affinity, as determined under Subchapter B,
65-3 Chapter 573, Government Code [Article 5996h, Revised Statutes], to
65-4 one of those persons has greater than a 10 percent proprietary,
65-5 equitable, or credit interest or in which one of those persons is
65-6 active or employed; or
65-7 (B) in whose application a person described by
65-8 Subdivision (1), (2), (3), (4), (5), (6), (7), or (8) of this
65-9 subsection is required to be named.
65-10 SECTION 50. Section 3(a), Private Investigators and Private
65-11 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
65-12 Statutes), is amended to read as follows:
65-13 (a) This Act does not apply to:
65-14 (1) a person employed exclusively and regularly by one
65-15 employer in connection with the affairs of an employer only and
65-16 where there exists an employer-employee relationship; provided,
65-17 however, any person who shall carry a firearm in the course of his
65-18 employment shall be required to obtain a private security officer
65-19 commission under the provisions of this Act;
65-20 (2) except as provided by Subsection (d) of this
65-21 Section, an officer or employee of the United States of America, or
65-22 of this State or political subdivision of either, while the
65-23 employee or officer is engaged in the performance of official
65-24 duties;
65-25 (3) a person who has full-time employment as a peace
65-26 officer, who receives compensation for private employment on an
65-27 individual or an independent contractor basis as a patrolman,
66-1 guard, or watchman if the officer:
66-2 (A) is employed in an employee-employer
66-3 relationship or employed on an individual contractual basis;
66-4 (B) is not in the employ of another peace
66-5 officer;
66-6 (C) is not a reserve peace officer; and
66-7 (D) works as a peace officer on the average of
66-8 at least 32 hours a week, is compensated by the state or a
66-9 political subdivision of the state at the rate of the minimum wage
66-10 or higher, and is entitled to all employee benefits offered to a
66-11 peace officer by the state or political subdivision;
66-12 (4) a person engaged exclusively in the business of
66-13 obtaining and furnishing information for purposes of credit
66-14 worthiness or collecting debts or ascertaining the financial
66-15 responsibility of applicants for property insurance and for
66-16 indemnity or surety bonds, with respect to persons, firms, and
66-17 corporations;
66-18 (5) an attorney-at-law in performing his duties;
66-19 (6) admitted insurers, insurance adjusters, agents,
66-20 and insurance brokers licensed by the State, performing duties in
66-21 connection with insurance transacted by them;
66-22 (7) a person who engages exclusively in the business
66-23 of repossessing property that is secured by a mortgage or other
66-24 security interest;
66-25 (8) a locksmith who does not install or service
66-26 detection devices, does not conduct investigations, and is not a
66-27 security service contractor;
67-1 (9) a person who owns and installs burglar detection
67-2 or alarm devices on his own property or, if he does not charge for
67-3 the device or its installation, installs it for the protection of
67-4 his personal property located on another's property, and does not
67-5 install the devices as a normal business practice on the property
67-6 of another;
67-7 (10) an employee of a cattle association who is
67-8 engaged in inspection of brands of livestock under the authority
67-9 granted to that cattle association by the Packers and Stockyards
67-10 Division of the United States Department of Agriculture;
67-11 (11) the provisions of this Act shall not apply to
67-12 common carriers by rail engaged in interstate commerce and
67-13 regulated by state and federal authorities and transporting
67-14 commodities essential to the national defense and to the general
67-15 welfare and safety of the community;
67-16 (12) a registered professional engineer practicing in
67-17 accordance with the provisions of the Texas Engineering Practice
67-18 Act that does not install or service detection devices, does not
67-19 conduct nonengineering investigations, is performing forensic
67-20 engineering studies, and is not a security services contractor;
67-21 (13) a person whose sale of burglar alarm signal
67-22 devices, burglary alarms, television cameras, still cameras, or
67-23 other electrical, mechanical, or electronic devices used for
67-24 preventing or detecting burglary, theft, shoplifting, pilferage, or
67-25 other losses is exclusively over-the-counter or by mail order;
67-26 (14) a person who holds a license or other form of
67-27 permission issued by an incorporated city or town to practice as an
68-1 electrician and who installs fire or smoke detectors in no building
68-2 other than a single family or multifamily residence;
68-3 (15) a person or organization in the business of
68-4 building construction that installs electrical wiring and devices
68-5 that may include in part the installation of a burglar alarm or
68-6 detection device if:
68-7 (A) the person or organization is a party to a
68-8 contract that provides that the installation will be performed
68-9 under the direct supervision of and inspected and certified by a
68-10 person or organization licensed to install and certify such an
68-11 alarm or detection device and that the licensee assumes full
68-12 responsibility for the installation of the alarm or detection
68-13 device; and
68-14 (B) the person or organization does not service
68-15 or maintain burglar alarms or detection devices;
68-16 (16) a reserve peace officer while the reserve officer
68-17 is performing guard, patrolman, or watchman duties for a county and
68-18 is being compensated solely by that county;
68-19 (17) response to a burglar alarm or detection device
68-20 by a law enforcement agency or by a law enforcement officer acting
68-21 in an official capacity;
68-22 (18) a person who, by education, experience, or
68-23 background has specialized expertise or knowledge such as that
68-24 which would qualify or tend to qualify such person as an expert
68-25 witness, authorized to render opinions in proceedings conducted in
68-26 a court, administrative agency, or governing body of this state or
68-27 of the United States, in accordance with applicable rules and
69-1 regulations and who does not perform any other service for which a
69-2 license is required by provisions of this Act;
69-3 (19) an officer, employee, or agent of a common
69-4 carrier, as defined by Section 153(h), Communications Act of 1934
69-5 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
69-6 user of the carrier's long-distance services from a fraudulent,
69-7 unlawful, or abusive use of those long-distance services;
69-8 (20) a person who sells or installs automobile burglar
69-9 alarm devices and that does not perform any other act that requires
69-10 a license under this Act;
69-11 (21) a manufacturer, or a manufacturer's authorized
69-12 distributor, who sells to the holder of a license under this Act
69-13 equipment used in the operations for which the holder is required
69-14 to be licensed;
69-15 (22) a person employed as a noncommissioned security
69-16 officer by a political subdivision of this state;
69-17 (23) a person whose activities are regulated under
69-18 Article 5.43-2, Insurance Code, except to the extent that those
69-19 activities are specifically regulated under this Act;
69-20 (24) a landman performing activities in the course and
69-21 scope of the landman's business;
69-22 (25) a hospital or a wholly owned subsidiary or
69-23 affiliate of a hospital that provides medical alert services for
69-24 persons who are sick or disabled, if the hospital, subsidiary, or
69-25 affiliate is licensed under Chapter 241, Health and Safety Code,
69-26 and the hospital does not perform any other service that requires a
69-27 license under this Act;
70-1 (26) a charitable, nonprofit organization that
70-2 provides medical alert services for persons who are sick or
70-3 disabled, if the organization:
70-4 (A) is exempt from taxation under Section
70-5 501(c)(3), Internal Revenue Code of 1986;
70-6 (B) has its monitoring services provided by a
70-7 licensed person or hospital or a wholly owned subsidiary or
70-8 affiliate of a hospital licensed under Chapter 241, Health and
70-9 Safety Code; and
70-10 (C) does not perform any other service that
70-11 requires a license under this Act;
70-12 (27) a person engaged in the business of electronic
70-13 monitoring of a person as a condition of that person's community
70-14 supervision [probation], parole, [mandatory supervision,] or
70-15 release on bail, if the person does not perform any other service
70-16 that requires a license under this Act;
70-17 (28) a nonprofit business or civic organization that:
70-18 (A) employs one or more peace officers meeting
70-19 the qualifications of Subdivision (3) of this subsection as
70-20 patrolmen, guards, or watchmen;
70-21 (B) provides the services of these peace
70-22 officers only to:
70-23 (i) its members; or
70-24 (ii) if the organization does not have
70-25 members, the members of the communities served by the organization
70-26 as described in its articles of incorporation or other
70-27 organizational documents;
71-1 (C) devotes the net receipts from all charges
71-2 for the services exclusively to the cost of providing the services
71-3 or to the costs of other services for the enhancement of the
71-4 security or safety of:
71-5 (i) its members; or
71-6 (ii) if the organization does not have
71-7 members, the members of the communities served by the organization
71-8 as described in its articles of incorporation or other
71-9 organizational documents; and
71-10 (D) does not perform any other service that
71-11 requires a license under this Act;
71-12 (29) a charitable, nonprofit organization that
71-13 maintains a system of records to aid in the location of missing
71-14 children if the organization:
71-15 (A) is exempt from federal taxation under
71-16 Section 501(c)(3), Internal Revenue Code of 1986[, and its
71-17 subsequent amendments];
71-18 (B) exclusively provides services related to
71-19 locating missing children; and
71-20 (C) does not perform any other service that
71-21 requires a license under this Act; or
71-22 (30) a person engaged in the business of psychological
71-23 testing or other testing and interviewing services (to include but
71-24 not limited to attitudes, honesty, intelligence, personality, and
71-25 skills) for preemployment purposes, if the person does not perform
71-26 any other service that requires a license under this Act.
71-27 SECTION 51. Section 4(e), Article 6252-13c, Revised
72-1 Statutes, is amended to read as follows:
72-2 (e) Upon a licensee's felony conviction, felony community
72-3 supervision [probation] revocation, or revocation of parole[, or
72-4 revocation of mandatory supervision], his license shall be revoked.
72-5 SECTION 52. Section 1(4), Article 6252-13c.1, Revised
72-6 Statutes, is amended to read as follows:
72-7 (4) "Released" means discharged or[,] paroled[, or
72-8 placed on mandatory supervision].
72-9 SECTION 53. Section 2(e), Article 6252-13c.1, Revised
72-10 Statutes, is amended to read as follows:
72-11 (e) If a person subject to registration under this article
72-12 does not move to an intended residence by the end of the seventh
72-13 day after the date on which the person is released on community
72-14 supervision or[,] parole[, or mandatory supervision] or the date on
72-15 which the person leaves a previous residence, the person shall:
72-16 (1) report to the community supervision and
72-17 corrections department officer or the parole officer supervising
72-18 the person by not later than the seventh day after the date on
72-19 which the person is released or the date on which the person leaves
72-20 a previous residence, as applicable, and provide the officer with
72-21 the address of the person's temporary residence; and
72-22 (2) continue to report to the person's supervising
72-23 officer not less than weekly during any period of time in which the
72-24 person has not moved to an intended residence and provide the
72-25 officer with the address of the person's temporary residence.
72-26 SECTION 54. Section 3(a), Article 6252-13c.1, Revised
72-27 Statutes, is amended to read as follows:
73-1 (a) Before a person who will be subject to registration
73-2 under this article is due to be released from a penal institution,
73-3 an official of the penal institution shall:
73-4 (1) inform the person that:
73-5 (A) not later than the seventh day after the
73-6 date on which the person is released on community supervision or[,]
73-7 parole[, or mandatory supervision] or the date on which the person
73-8 moves from a previous residence to a new residence in this state,
73-9 the person must:
73-10 (i) register or verify registration with
73-11 the local law enforcement authority in the municipality or county
73-12 in which the person intends to reside; or
73-13 (ii) if the person has not moved to an
73-14 intended residence, report to the community supervision and
73-15 corrections department officer or the parole officer supervising
73-16 the person;
73-17 (B) not later than the seventh day before the
73-18 date on which the person moves to a new residence in this state or
73-19 another state, the person must report in person to the local law
73-20 enforcement authority with whom the person last registered and to
73-21 the community supervision and corrections department officer or the
73-22 parole officer supervising the person; and
73-23 (C) not later than the 10th day after the date
73-24 on which the person arrives in another state in which the person
73-25 intends to reside, the person must register with the law
73-26 enforcement agency that is identified by the department as the
73-27 agency designated by that state to receive registration
74-1 information, if the other state has a registration requirement for
74-2 sex offenders;
74-3 (2) require the person to sign a written statement
74-4 that the person was informed of the person's duties as described by
74-5 Subdivision (1) of this subsection or, if the person refuses to
74-6 sign the statement, certify that the person was so informed;
74-7 (3) obtain the address where the person expects to
74-8 reside on the person's release and other registration information,
74-9 including a photograph and complete set of fingerprints; and
74-10 (4) complete the registration form for the person.
74-11 SECTION 55. (a) The change in law made by this Act applies
74-12 only to an inmate who on or after the effective date of this Act is
74-13 imprisoned while serving a sentence for an offense, regardless of
74-14 whether the offense is committed before, on, or after the effective
74-15 date of this Act.
74-16 (b) An inmate who is released from imprisonment before the
74-17 effective date of this Act is covered by the law in effect
74-18 immediately before the effective date of this Act, and the former
74-19 law is continued in effect for this purpose.
74-20 SECTION 56. This Act takes effect September 1, 1997.
74-21 SECTION 57. The importance of this legislation and the
74-22 crowded condition of the calendars in both houses create an
74-23 emergency and an imperative public necessity that the
74-24 constitutional rule requiring bills to be read on three several
74-25 days in each house be suspended, and this rule is hereby suspended.