1-1 By: Whitmire, Patterson S.B. No. 250
1-2 (In the Senate - Filed January 21, 1997; January 22, 1997,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 January 28, 1997, reported favorably by the following vote: Yeas
1-5 7, Nays 0; January 28, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the repeal of release to mandatory supervision and to
1-9 parole procedures applicable to certain inmates of the Texas
1-10 Department of Criminal Justice.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. The article heading of Article 42.18, Code of
1-13 Criminal Procedure, is amended to read as follows:
1-14 Art. 42.18. ADULT PAROLE [AND MANDATORY SUPERVISION] LAW
1-15 SECTION 2. Section 1, Article 42.18, Code of Criminal
1-16 Procedure, is amended to read as follows:
1-17 Sec. 1. INTENT. It is the intent of this article to provide
1-18 for the release of appropriate persons on parole and[,] to
1-19 designate the Board of Pardons and Paroles as the exclusive
1-20 authority to determine paroles[, and to aid all prisoners to
1-21 readjust to society upon completion of their period of
1-22 incarceration by providing a program of mandatory supervision for
1-23 those prisoners not released on parole or through executive
1-24 clemency]. It is the final intent of this article to remove from
1-25 existing statutes the limitations, other than questions of
1-26 constitutionality, that have acted as barriers to an effective
1-27 system [systems] of parole [and mandatory supervision] in the
1-28 public interest.
1-29 SECTION 3. Section 2, Article 42.18, Code of Criminal
1-30 Procedure, is amended to read as follows:
1-31 Sec. 2. DEFINITIONS. In this article:
1-32 (1) "Parole" means the [discretionary and] conditional
1-33 release of an eligible prisoner sentenced to the institutional
1-34 division so that the prisoner may serve the remainder of his
1-35 sentence under the supervision and control of the pardons and
1-36 paroles division. Except for a release under Section 8(c), a
1-37 release on parole is a discretionary release. Parole shall not be
1-38 construed to mean a commutation of sentence or any other form of
1-39 executive clemency.
1-40 (2) ["Mandatory supervision" means the release of an
1-41 eligible prisoner sentenced to the institutional division so that
1-42 the prisoner may serve the remainder of his sentence not on parole
1-43 but under the supervision and control of the pardons and paroles
1-44 division. Mandatory supervision may not be construed as a
1-45 commutation of sentence or any other form of executive clemency.]
1-46 [(3)] "Parole officer" means a person duly appointed
1-47 by the director and assigned the duties of assessment of risks and
1-48 needs, investigation, case management, and supervision of paroled
1-49 prisoners [and prisoners released to mandatory supervision] to see
1-50 that parolees [and mandatory supervision releasees] are complying
1-51 with the conditions of parole [or mandatory supervision, as
1-52 applicable].
1-53 (3) [(4)] "Board" means the Board of Pardons and
1-54 Paroles.
1-55 (4) [(5)] "Director" means the director of the pardons
1-56 and paroles division.
1-57 (5) [(6)] "Community supervision and corrections
1-58 department" means a department established by a district judge or
1-59 district judges under Article 42.131 of this code.
1-60 (6) [(7)] "Institutional division" means the
1-61 institutional division of the Texas Department of Criminal Justice.
1-62 (7) [(8)] "Division" means the pardons and paroles
1-63 division of the Texas Department of Criminal Justice.
1-64 (8) [(9)] "Department" means the Texas Department of
2-1 Criminal Justice.
2-2 SECTION 4. Subsections (a), (b), (c), and (e), Section 7,
2-3 Article 42.18, Code of Criminal Procedure, are amended to read as
2-4 follows:
2-5 (a) The members of the board shall:
2-6 (1) determine under [Sections 8(a)-(f) of] this
2-7 article which prisoners are to be released on parole;
2-8 (2) determine under [Sections 8(g) and (j) of] this
2-9 article conditions of parole [and mandatory supervision];
2-10 (3) perform the constitutional duties imposed on the
2-11 board by Article IV, Section 11, of the Texas Constitution;
2-12 (4) determine which prisoners may be released from
2-13 supervision and reporting under Section 15 of this article; and
2-14 (5) determine under Section 14 of this article the
2-15 revocation of parole [and mandatory supervision].
2-16 (b) A parole panel, as provided in Subsection (e) of this
2-17 section, may grant, deny, or revoke parole[, revoke mandatory
2-18 supervision status,] and conduct parole revocation hearings [and
2-19 mandatory supervision revocation hearings].
2-20 (c) The board shall develop and implement a policy that
2-21 clearly defines circumstances under which a board member should
2-22 disqualify himself from voting on a parole decision or on a
2-23 decision to revoke parole [or mandatory supervision].
2-24 (e) Except as provided by Subsection (g) of this section, in
2-25 matters of parole[, release to mandatory supervision,] and
2-26 revocation of parole [or mandatory supervision], the board members
2-27 shall act in panels comprised of three persons in each panel. The
2-28 composition of the respective panels shall be designated by the
2-29 chairman of the board. A majority of each panel shall constitute a
2-30 quorum for the transaction of its business, and its decisions shall
2-31 be by majority vote. The members of a panel are not required to
2-32 meet as a body to perform the members' duties as prescribed by this
2-33 article, except to conduct a hearing as provided by Section 14 of
2-34 this article.
2-35 SECTION 5. Section 8, Article 42.18, Code of Criminal
2-36 Procedure, as amended by Section 1, Chapter 397, and Section 3.03,
2-37 Chapter 988, Acts of the 74th Legislature, 1995, is amended to read
2-38 as follows:
2-39 Sec. 8. ELIGIBILITY FOR RELEASE; CONDITIONS ON RELEASE.
2-40 (a) A parole panel is authorized to release on parole any person
2-41 confined in any penal or correctional institution who is eligible
2-42 for parole under this section. A parole panel may consider a
2-43 person for release on parole if the person has been sentenced to a
2-44 term of imprisonment in the institutional division, is confined in
2-45 a jail in this state, a federal correctional institution, or a jail
2-46 or a correctional institution in another state, and is eligible for
2-47 parole. A parole panel may release a person on parole during the
2-48 parole month established for the person if the panel determines
2-49 that the person's release will not increase the likelihood of harm
2-50 to the public. The institutional division shall provide the board
2-51 with sentence time credit information on persons described in this
2-52 subsection. Good time credit shall be calculated for a person as
2-53 if the person were confined in the institutional division during
2-54 the entire time the person was actually confined. The period of
2-55 parole shall be equivalent to the maximum term for which the
2-56 prisoner was sentenced less calendar time actually served on the
2-57 sentence. Every prisoner while on parole shall remain in the legal
2-58 custody of the pardons and paroles division and shall be amenable
2-59 to conditions of supervision ordered by a parole panel under this
2-60 article. All paroles shall issue upon order of a parole panel.
2-61 (b)(1) A prisoner under sentence of death is not eligible
2-62 for parole.
2-63 (2) If a prisoner is serving a life sentence for a
2-64 capital felony, the prisoner is not eligible for release on parole
2-65 until the actual calendar time the prisoner has served, without
2-66 consideration of good conduct time, equals 40 calendar years. If a
2-67 prisoner is serving a life sentence imposed under Section
2-68 12.42(d)(2), Penal Code, the prisoner is not eligible for release
2-69 on parole until the actual calendar time the prisoner has served,
3-1 without consideration of good conduct time, equals 35 calendar
3-2 years.
3-3 (3) If a prisoner is serving a sentence for the
3-4 offenses described by Subdivision (1)(A), (C), (D), (E), (F), [or]
3-5 (G), or (H) of Section 3g(a), Article 42.12 of this code, or if the
3-6 judgment contains an affirmative finding under Subdivision (2) of
3-7 Subsection (a) of Section 3g of that article, he is not eligible
3-8 for release on parole until his actual calendar time served,
3-9 without consideration of good conduct time, equals one-half of the
3-10 maximum sentence or 30 calendar years, whichever is less, but in no
3-11 event shall he be eligible for release on parole in less than two
3-12 calendar years.
3-13 (4) If a prisoner is serving a sentence for which the
3-14 punishment is increased under Section 481.134, Health and Safety
3-15 Code, the prisoner is not eligible for release on parole until the
3-16 prisoner's actual calendar time served, without consideration of
3-17 good conduct time, equals five years or the maximum term to which
3-18 the prisoner was sentenced, whichever is less.
3-19 (5) Except as provided by Subsection (m) of this
3-20 section, all other prisoners shall be eligible for release on
3-21 parole when their calendar time served plus good conduct time
3-22 equals one-fourth of the maximum sentence imposed or 15 years,
3-23 whichever is less.
3-24 (c) Except as otherwise provided by this subsection and
3-25 Subsection (c-1), a prisoner [who is not on parole] shall be
3-26 released on parole [to mandatory supervision] by order of a parole
3-27 panel when the calendar time he has served plus any accrued good
3-28 conduct time equal the maximum term to which he was sentenced. [A
3-29 prisoner released to mandatory supervision shall, upon release, be
3-30 deemed as if released on parole. To the extent practicable,
3-31 arrangements for the prisoner's proper employment, maintenance, and
3-32 care shall be made prior to his release to mandatory supervision.
3-33 The period of mandatory supervision shall be for a period
3-34 equivalent to the maximum term for which the prisoner was sentenced
3-35 less calendar time actually served on the sentence. The time
3-36 served on mandatory supervision is calculated as calendar time.
3-37 Every prisoner while on mandatory supervision shall remain in the
3-38 legal custody of the state and shall be amenable to conditions of
3-39 supervision ordered by the parole panel.] A prisoner may not be
3-40 released on parole under this subsection [to mandatory supervision]
3-41 if the prisoner is serving or has previously been convicted for an
3-42 offense and the judgment for the offense contains an affirmative
3-43 finding under Subdivision (2), Subsection (a), Section 3g, Article
3-44 42.12, of this code or if the prisoner is serving a sentence for or
3-45 has previously been convicted of:
3-46 (1) a first degree felony under Section 19.02, Penal
3-47 Code (Murder);
3-48 (2) a capital felony under Section 19.03, Penal Code
3-49 (Capital Murder);
3-50 (3) a first degree felony or a second degree felony
3-51 under Section 20.04, Penal Code (Aggravated Kidnapping);
3-52 (4) a second degree felony under Section 21.11, Penal
3-53 Code (Indecency with a Child);
3-54 (5) a second degree felony under Section 22.011, Penal
3-55 Code (Sexual Assault);
3-56 (6) [(5)] a second degree or first degree felony under
3-57 Section 22.02, Penal Code (Aggravated Assault);
3-58 (7) [(6)] a first degree felony under Section 22.021,
3-59 Penal Code (Aggravated Sexual Assault);
3-60 (8) [(7)] a first degree felony under Section 22.04,
3-61 Penal Code (Injury to a Child, Elderly Individual, or Disabled
3-62 Individual);
3-63 (9) [(8)] a first degree felony under Section 28.02,
3-64 Penal Code (Arson);
3-65 (10) [(9)] a second degree felony under Section 29.02,
3-66 Penal Code (Robbery);
3-67 (11) [(10)] a first degree felony under Section 29.03,
3-68 Penal Code (Aggravated Robbery);
3-69 (12) [(11)] a first degree felony under Section 30.02,
4-1 Penal Code (Burglary); or
4-2 (13) [(12)] a felony for which the punishment is
4-3 increased under Section 481.134, Health and Safety Code (Drug-Free
4-4 Zones).
4-5 (c-1) A prisoner may not be released on parole under
4-6 Subsection (c) [mandatory supervision] if a parole panel determines
4-7 that [the prisoner's accrued good conduct time is not an accurate
4-8 reflection of the prisoner's potential for rehabilitation and that]
4-9 the prisoner's release would pose a significant threat to [endanger
4-10 the] public safety. A parole panel that makes a determination under
4-11 this subsection [section] shall specify in writing the reasons for
4-12 the determination. A determination under this subsection is not
4-13 subject to administrative or judicial review, except that the
4-14 parole panel making the determination shall reconsider the prisoner
4-15 for release on parole under this subsection [on mandatory
4-16 supervision] at least twice during the two years after the date of
4-17 the determination.
4-18 (d)(1) If a prisoner is sentenced to consecutive felony
4-19 sentences under Article 42.08 of this code, a parole panel shall
4-20 designate during each sentence the date, if any, on which the
4-21 prisoner would have been eligible for release on parole if the
4-22 prisoner had been sentenced to serve a single sentence.
4-23 (2) For the purposes of Article 42.08 of this code,
4-24 the judgment and sentence of a prisoner sentenced for a felony,
4-25 other than the last sentence in a series of consecutive sentences,
4-26 cease to operate:
4-27 (A) when the actual calendar time served by the
4-28 prisoner equals the sentence imposed by the court; or
4-29 (B) on the date a parole panel designates as the
4-30 date on which the prisoner would have been eligible for release on
4-31 parole if the prisoner had been sentenced to serve a single
4-32 sentence.
4-33 (3) A parole panel may not treat consecutive sentences
4-34 as a single sentence for purposes of parole and may not release on
4-35 parole a prisoner sentenced to serve consecutive felony sentences
4-36 earlier than the date on which the prisoner becomes eligible for
4-37 release on parole from the last sentence imposed on the prisoner.
4-38 (4) Calendar time served and good conduct time accrued
4-39 by a prisoner that are used by a parole panel in determining when a
4-40 judgment and sentence cease to operate may not be used by the
4-41 panel:
4-42 (A) for the same purpose in determining that
4-43 date in a subsequent sentence in the same series of consecutive
4-44 sentences; or
4-45 (B) for determining the date on which a prisoner
4-46 becomes eligible for release on parole from the last sentence in a
4-47 series of consecutive sentences.
4-48 (e) Not later than the 120th day after the date on which a
4-49 prisoner is admitted to the institutional division, the Texas
4-50 Department of Criminal Justice shall secure all pertinent
4-51 information relating to the prisoner, including but not limited to
4-52 the court judgment, any sentencing report, the circumstances of the
4-53 prisoner's offense, the prisoner's previous social history and
4-54 criminal record, the prisoner's physical and mental health record,
4-55 a record of the prisoner's conduct, employment history, and
4-56 attitude in prison, and any written comments or information
4-57 provided by local trial officials or victims of the offense. The
4-58 Texas Department of Criminal Justice shall establish a proposed
4-59 program of measurable institutional progress that must be submitted
4-60 to the board at the time of the board's consideration of the
4-61 inmate's case for release. The board shall conduct an initial
4-62 review of an eligible inmate not later than the 180th day after the
4-63 date of the inmate's admission to the institutional division.
4-64 Before the inmate is approved for release to parole by the board,
4-65 the inmate must agree to participate in the programs and activities
4-66 described by the proposed program of measurable institutional
4-67 progress. The institutional division shall work closely with the
4-68 board to monitor the progress of the inmate in the institutional
4-69 division and shall report the progress to the board before the
5-1 inmate's release.
5-2 (f)(1) In this subsection: (A) "close relative of a
5-3 deceased victim" means a person who was the spouse of a deceased
5-4 victim at the time of the victim's death, a parent of the deceased
5-5 victim, or an adult brother, sister, or child of the deceased
5-6 victim; (B) "guardian of a victim" means a person who is the legal
5-7 guardian of a victim, whether or not the legal relationship between
5-8 the guardian and victim exists because of the age of the victim or
5-9 the physical or mental incompetency of the victim; and (C) "victim"
5-10 means a person who is a victim of sexual assault, kidnapping,
5-11 aggravated robbery, or felony stalking [harassment] or who has
5-12 suffered bodily injury or death as the result of the criminal
5-13 conduct of another.
5-14 (2) Before a parole panel considers for parole a
5-15 prisoner who is serving a sentence for an offense in which a person
5-16 was a victim, the pardons and paroles division, using the name and
5-17 address provided on the victim impact statement, shall make a
5-18 reasonable effort to notify a victim of the prisoner's crime or if
5-19 the victim has a legal guardian or is deceased, to notify the legal
5-20 guardian or close relative of the deceased victim. If the notice
5-21 is sent to a guardian or close relative of a deceased victim, the
5-22 notice must contain a request by the pardons and paroles division
5-23 that the guardian or relative inform other persons having an
5-24 interest in the matter that the prisoner is being considered for
5-25 parole. The parole panel shall allow a victim, guardian of a
5-26 victim, close relative of a deceased victim, or a representative of
5-27 a victim or his guardian or close relative to provide a written
5-28 statement. The parole panel also shall allow one person to appear
5-29 in person before the board members to present a statement of the
5-30 person's views about the offense, the defendant, and the effect of
5-31 the offense on the victim. The person may be the victim of the
5-32 prisoner's crime or, if the victim has a legal guardian or is
5-33 deceased, the legal guardian of the victim or close relative of the
5-34 deceased victim. If more than one person is otherwise entitled
5-35 under this subdivision to appear in person before the board, only
5-36 the person chosen by all persons entitled to appear as their sole
5-37 representative may appear before the board. This subsection may
5-38 not be construed to limit the number of persons who may provide
5-39 written statements for or against the release of the prisoner on
5-40 parole. The parole panel shall consider the statements and the
5-41 information provided in a victim impact statement in determining
5-42 whether or not to recommend parole. However, the failure of the
5-43 pardons and paroles division to comply with notice requirements of
5-44 this subsection is not a ground for revocation of parole.
5-45 (3) If a victim, guardian of a victim, or close
5-46 relative of a deceased victim would be entitled to notification of
5-47 parole consideration by the pardons and paroles division but for
5-48 failure by that person to provide a victim impact statement
5-49 containing the person's name and address, the person is nonetheless
5-50 entitled to receive notice if the person files with the pardons and
5-51 paroles division a written request for that notification. After
5-52 receiving such a written request, the pardons and paroles division
5-53 shall grant to the person all the privileges to which the person
5-54 would be entitled had the person submitted a victim impact
5-55 statement. Before a prisoner is released from the institutional
5-56 division on parole [or on the release of a prisoner on mandatory
5-57 supervision], the pardons and paroles division shall give notice of
5-58 the release to any person entitled to notification of parole
5-59 consideration for the prisoner because the person filed with the
5-60 pardons and paroles division a victim impact statement or a request
5-61 for notification of a parole consideration.
5-62 (4) Except as necessary to comply with this section,
5-63 the board or the Texas Department of Criminal Justice may not
5-64 disclose to any person the name or address of a victim or other
5-65 person entitled to notice under this section unless the victim or
5-66 that person approves the disclosure or the board or the department
5-67 is ordered to disclose the information by a court of competent
5-68 jurisdiction after the court determines that there is good cause
5-69 for disclosure.
6-1 (5) Before ordering the parole of any prisoner, a
6-2 parole panel may have the prisoner appear before it and interview
6-3 him. A parole shall be ordered only for the best interest of
6-4 society, not as an award of clemency; it shall not be considered to
6-5 be a reduction of sentence or pardon. The board shall develop and
6-6 implement parole guidelines that shall be the basic criteria on
6-7 which parole decisions are made. The parole guidelines shall be
6-8 developed according to an acceptable research method and shall be
6-9 based on the seriousness of the offense and the likelihood of
6-10 favorable parole outcome. The board shall review the parole
6-11 guidelines periodically and make reports on those reviews to the
6-12 Legislative Criminal Justice Board. If a member of the board
6-13 deviates from the parole guidelines in casting a vote on a parole
6-14 decision, the member shall produce a brief written statement
6-15 describing the circumstances regarding the departure from the
6-16 guidelines and place a copy of the statement in the file of the
6-17 inmate for whom the parole decision was made. The board shall keep
6-18 a copy of each statement in a central location. A prisoner shall
6-19 be placed on parole only when arrangements have been made for his
6-20 employment or for his maintenance and care and when the parole
6-21 panel believes that he is able and willing to fulfill the
6-22 obligations of a law-abiding citizen. Every prisoner while on
6-23 parole shall remain in the legal custody of the pardons and paroles
6-24 division and shall be amenable to the conditions of supervision
6-25 ordered under this article.
6-26 (g) The board may adopt such other reasonable rules not
6-27 inconsistent with law as it may deem proper or necessary with
6-28 respect to the eligibility of prisoners for parole [and mandatory
6-29 supervision], the conduct of parole [and mandatory supervision]
6-30 hearings, or conditions to be imposed upon parolees [and persons
6-31 released to mandatory supervision]. Each person to be released on
6-32 parole shall be furnished a contract setting forth in clear and
6-33 intelligible language the conditions and rules of parole. The
6-34 parole panel may include as a condition of parole [or mandatory
6-35 supervision] any condition that a court may impose on a defendant
6-36 placed on community supervision under Article 42.12 of this code,
6-37 including the condition that the person released submit to testing
6-38 for controlled substances or submit to electronic monitoring if the
6-39 parole panel determines that absent testing for controlled
6-40 substances or participation in an electronic monitoring program the
6-41 person would not be released on parole. Acceptance, signing, and
6-42 execution of the contract by the inmate to be paroled shall be a
6-43 precondition to release on parole. [Persons released on mandatory
6-44 supervision shall be furnished a written statement setting forth in
6-45 clear and intelligible language the conditions and rules of
6-46 mandatory supervision.] The parole panel may also require as a
6-47 condition of parole [or release to mandatory supervision] that the
6-48 person make payments in satisfaction of damages the person is
6-49 liable for under Section 500.002, Government Code. The parole panel
6-50 shall require as a condition of parole [or mandatory supervision]
6-51 that the person register under Article 6252-13c.1, Revised
6-52 Statutes. The parole panel may require as a condition of parole
6-53 [or release to mandatory supervision] that the person attend
6-54 counseling sessions for substance abusers or participate in
6-55 substance abuse treatment services in a program or facility
6-56 approved or licensed by the Texas Commission on Alcohol and Drug
6-57 Abuse if the person was sentenced for an offense involving
6-58 controlled substances or the panel determines that the defendant's
6-59 substance abuse was connected to the commission of the offense.
6-60 The parole panel shall require as a condition of parole [or
6-61 mandatory supervision] that an inmate who immediately before
6-62 release is a participant in the program established under Section
6-63 501.0931, Government Code, participate in a drug or alcohol abuse
6-64 continuum of care treatment program.
6-65 (g-1) The Texas Commission on Alcohol and Drug Abuse shall
6-66 develop the continuum of care treatment program.
6-67 (h) It shall be the duty of the pardons and paroles division
6-68 at least 10 days before the board orders the parole of any prisoner
6-69 or at least 10 days after recommending the granting of executive
7-1 clemency by the governor to notify the sheriff, the prosecuting
7-2 attorney, and the district judge in the county where such person
7-3 was convicted and the county to which the prisoner is released that
7-4 such parole or clemency is being considered by the board or by the
7-5 governor. For any case in which there was a change of venue, the
7-6 pardons and paroles division shall notify those same officials in
7-7 the county in which the prosecution was originated if, no later
7-8 than 30 days after the date on which the defendant was sentenced,
7-9 those officials request in writing that the pardons and paroles
7-10 division give them notice under this section of any future release
7-11 of the prisoner. Additionally, no later than the 10th day after
7-12 the parole panel orders the transfer of a prisoner to a halfway
7-13 house under this article, the pardons and paroles division shall
7-14 notify the sheriff of the county in which the prisoner was
7-15 convicted and shall notify the sheriff of the county in which the
7-16 halfway house is located and the attorney who represents the state
7-17 in the prosecution of felonies in that county. The notice must
7-18 state the prisoner's name, the county in which the prisoner was
7-19 convicted, and the offense for which the prisoner was convicted.
7-20 (i) As an element of the pardons and paroles division's
7-21 halfway house program, the pardons and paroles division, in
7-22 conjunction with the institutional division, shall utilize halfway
7-23 houses for the purpose of diverting from housing in regular units
7-24 of the institutional division suitable low-risk prisoners and other
7-25 prisoners who would benefit from a smoother transition from
7-26 incarceration to supervised release. To accomplish this purpose, a
7-27 parole panel, after reviewing all available pertinent information,
7-28 may designate a presumptive parole date for any inmate who (i) is
7-29 not serving a sentence for an offense listed in Subdivision (1) of
7-30 Subsection (a) of Section 3g of Article 42.12 of this code and
7-31 whose judgment does not contain an affirmative finding under
7-32 Subdivision (2) of Subsection (a) of Section 3g of that article;
7-33 and (ii) has never been convicted of an offense listed in
7-34 Subdivision (1) of Subsection (a) of Section 3g of that article and
7-35 has never had a conviction, the judgment for which contains an
7-36 affirmative finding under Subdivision (2) of Subsection (a) of
7-37 Section 3g of that article. The presumptive parole date may not be
7-38 a date which is earlier than the prisoner's initial parole
7-39 eligibility date, as calculated or projected pursuant to Subsection
7-40 (b) of this section. Before transferring a prisoner to a halfway
7-41 house, the pardons and paroles division shall send to the director
7-42 of the halfway house all information relating to the prisoner that
7-43 the pardons and paroles division feels will aid the halfway house
7-44 in helping the prisoner make a transition from prison to supervised
7-45 release. If a prisoner for whom a presumptive parole date has been
7-46 established is transferred into a preparole residence in a halfway
7-47 house pursuant to the terms of Subchapter A, Chapter 498,
7-48 Government Code, the pardons and paroles division is responsible
7-49 for his supervision. A parole panel may rescind or postpone a
7-50 previously established presumptive parole date on the basis of
7-51 reports from agents of the pardons and paroles division responsible
7-52 for supervision or agents of the institutional division acting in
7-53 the case. If a preparolee transferred to preparole status has
7-54 satisfactorily served his sentence in the halfway house to which he
7-55 is assigned from the date of transfer to the presumptive parole
7-56 date, without rescission or postponement of the date, the parole
7-57 panel shall order his release to parole and issue an appropriate
7-58 certificate of release. The person is subject to the provisions of
7-59 this article governing release on parole.
7-60 (j) In addition to other conditions of parole [and release
7-61 on mandatory supervision] imposed under this section, a parole
7-62 panel shall require a prisoner released on parole [or mandatory
7-63 supervision] to pay a parole supervision fee of $10 to the pardons
7-64 and paroles division for each month during which the prisoner is
7-65 under parole supervision. The fee applies to a prisoner released
7-66 in another state who is required as a term of his release to report
7-67 to a parole officer or supervisor in this state for parole
7-68 supervision. On the request of the prisoner, a parole panel may
7-69 allow the prisoner to defer payments under this subsection. The
8-1 prisoner remains responsible for payment of the fee and must make
8-2 the deferred payment not later than two years after the date on
8-3 which the payment becomes due. The board of the Texas Department
8-4 of Criminal Justice shall establish rules relating to the method of
8-5 payment required of the person on parole [or mandatory
8-6 supervision]. Fees collected under this subsection by the pardons
8-7 and paroles division shall be remitted to the comptroller of public
8-8 accounts, who shall deposit the fees in the general revenue fund of
8-9 the state treasury. In a parole [or mandatory supervision]
8-10 revocation hearing under Section 14 of this article at which it is
8-11 alleged only that the person failed to make a payment under this
8-12 subsection, the inability of the person to pay as ordered by a
8-13 parole panel is an affirmative defense to revocation, which the
8-14 person must prove by a preponderance of the evidence.
8-15 (k) In addition to other conditions imposed by a parole
8-16 panel under this article, the parole panel shall require as a
8-17 condition of parole [or release to mandatory supervision] that the
8-18 prisoner demonstrate to the parole panel whether the prisoner has
8-19 an educational skill level that is equal to or greater than the
8-20 average skill level of students who have completed the sixth grade
8-21 in public schools in this state. If the parole panel determines
8-22 that the person has not attained that skill level, the parole panel
8-23 shall require as a condition of parole [or release to mandatory
8-24 supervision] that the prisoner attain that level of educational
8-25 skill, unless the parole panel determines that the person lacks the
8-26 intellectual capacity or the learning ability to ever achieve that
8-27 level of skill.
8-28 (l) In addition to other conditions imposed by a parole
8-29 panel under this article, the parole panel shall require as a
8-30 condition of parole [or release to mandatory supervision], on
8-31 evidence of the presence of a controlled substance in the
8-32 defendant's body, or on any evidence the defendant has used a
8-33 controlled substance, or on evidence that controlled substance use
8-34 is related to the offense for which the defendant was convicted,
8-35 that the defendant submit to testing for controlled substances.
8-36 The Texas Board of Criminal Justice by rule shall adopt
8-37 procedures for the administration of tests required by this
8-38 subsection.
8-39 (m) A prisoner serving a sentence for which parole
8-40 eligibility is otherwise determined under Subsection (b)(4) of this
8-41 section may become eligible for special needs parole at a date
8-42 earlier than the date calculated under Subsection (b)(4) of this
8-43 section, as designated by a parole panel under this subsection, if:
8-44 (1) the prisoner has been identified by the
8-45 institutional division as being elderly, physically handicapped,
8-46 mentally ill, terminally ill, or mentally retarded;
8-47 (2) the prisoner is determined by the parole panel,
8-48 because of the prisoner's condition and on the basis of a medical
8-49 evaluation, to no longer constitute a threat to public safety and
8-50 no longer constitute a threat to commit further offenses; and
8-51 (3) the pardons and paroles division has prepared for
8-52 the prisoner a special needs parole plan that ensures appropriate
8-53 supervision, service provision, and placement.
8-54 (n) A prisoner diagnosed as mentally ill or mentally
8-55 retarded may be released under Subsection (m) of this section only
8-56 if the pardons and paroles division has prepared for the prisoner a
8-57 special needs parole plan that ensures appropriate supervision,
8-58 service provision, and placement as approved by the Texas Council
8-59 on Offenders with Mental Impairments.
8-60 (o)(1) In addition to other conditions imposed by a parole
8-61 panel under this article, the parole panel may require as a
8-62 condition of parole [or release to mandatory supervision] that an
8-63 inmate serving a sentence for an offense under Section 42.071,
8-64 Penal Code, may not:
8-65 (A) communicate directly or indirectly with the
8-66 victim; or
8-67 (B) go to or near the residence, place of
8-68 employment, or business of the victim or to or near a school,
8-69 day-care facility, or similar facility where a dependent child of
9-1 the victim is in attendance.
9-2 (2) If a parole panel requires the prohibition
9-3 contained in Subdivision (1)(B) of this subsection as a condition
9-4 of parole [or release to mandatory supervision], the parole panel
9-5 shall specifically describe the prohibited locations and the
9-6 minimum distances, if any, that the inmate must maintain from the
9-7 locations.
9-8 (p) [(o)] In addition to other conditions of parole [and
9-9 release on mandatory supervision] imposed under this section, a
9-10 parole panel shall require a prisoner released on parole [or
9-11 mandatory supervision] to pay an administrative fee of $8 to the
9-12 pardons and paroles division for each month during which the
9-13 prisoner is under parole supervision. The fee applies to a
9-14 prisoner released in another state who is required as a term of his
9-15 release to report to a parole officer or supervisor in this state
9-16 for parole supervision. On the request of the prisoner, a parole
9-17 panel may allow the prisoner to defer payments under this
9-18 subsection. The prisoner remains responsible for payment of the
9-19 fee and must make the deferred payment not later than two years
9-20 after the date on which the payment becomes due. The board of the
9-21 Texas Department of Criminal Justice shall establish rules relating
9-22 to the method of payment required of the person on parole [or
9-23 mandatory supervision]. Fees collected under this subsection by
9-24 the pardons and paroles division shall be remitted to the
9-25 comptroller of public accounts, who shall deposit the fees in the
9-26 compensation to victims of crime fund of the state treasury. In a
9-27 parole [or mandatory supervision] revocation hearing under Section
9-28 14 of this article at which it is alleged only that the person
9-29 failed to make a payment under this subsection, the inability of
9-30 the person to pay as ordered by a parole panel is an affirmative
9-31 defense to revocation, which the person must prove by a
9-32 preponderance of the evidence.
9-33 (q) [(o)] In addition to other conditions imposed by a
9-34 parole panel under this article, the parole panel shall require as
9-35 a condition of parole [or release to mandatory supervision] that a
9-36 prisoner for whom the court has made an affirmative finding under
9-37 Article 42.014 of this code perform not less than 300 hours of
9-38 community service at a project designated by the parole panel that
9-39 primarily serves the person or group who was the target of the
9-40 defendant.
9-41 (r) [(o)] The pardons and paroles division shall develop and
9-42 implement a comprehensive program to inform inmates, their
9-43 families, and other interested parties about the parole process.
9-44 The division shall update the program annually.
9-45 (s) [(p)] In addition to other conditions and fees imposed
9-46 by a parole panel under this article, the parole panel shall
9-47 require as a condition of parole [or release to mandatory
9-48 supervision] that a prisoner convicted of an offense under Section
9-49 21.08, 21.11, 22.011, 22.021, 25.02, [25.06,] 43.25, or 43.26,
9-50 Penal Code, pay to the pardons and paroles division a parole
9-51 supervision fee of $5 each month during the period of parole
9-52 supervision.
9-53 (t) [(q)] The pardons and paroles division shall remit fees
9-54 collected under Subsection (s) [(p)] of this section to the
9-55 comptroller. The comptroller shall deposit the fees in the general
9-56 revenue fund to the credit of the sexual assault program fund
9-57 established by Section 44.0061, Health and Safety Code.
9-58 (u) [(r)] In addition to other conditions and fees imposed
9-59 by a parole panel under this article, the parole panel shall
9-60 require as a condition of parole [or release to mandatory
9-61 supervision] that a person required to register as a sex offender
9-62 under Article 6252-13c.1, Revised Statutes, pay to the person's
9-63 supervising officer a fee that equals the actual cost to the
9-64 applicable local law enforcement authority for providing notice for
9-65 publication to a newspaper as required by Article 6252-13c.1,
9-66 Revised Statutes. The pardons and paroles division shall remit
9-67 fees collected under this subsection to the applicable local law
9-68 enforcement authority to reimburse the authority for the actual
9-69 cost incurred by the authority, as evidenced by written receipt,
10-1 for providing notice for publication to a newspaper as required by
10-2 Article 6252-13c.1, Revised Statutes. In a parole [or mandatory
10-3 supervision] revocation hearing under Section 14 of this article at
10-4 which it is alleged only that the person failed to make a payment
10-5 under this subsection, the inability of the person to pay as
10-6 ordered by a parole panel is an affirmative defense to revocation,
10-7 which the person must prove by a preponderance of the evidence.
10-8 (v) [(u)](1) A parole panel shall establish a child safety
10-9 zone applicable to an inmate described by Subdivision (2) if the
10-10 panel determines that a child as defined by Section 22.011(c),
10-11 Penal Code, was the victim of the offense by requiring as a
10-12 condition of parole [or release to mandatory supervision] that the
10-13 inmate:
10-14 (A) not: (i) supervise or participate in any
10-15 program that includes as participants or recipients persons who are
10-16 17 years of age or younger and that regularly provides athletic,
10-17 civic, or cultural activities; or (ii) go in, on, or within a
10-18 distance specified by the panel of a premises where children
10-19 commonly gather, including a school, day-care facility, playground,
10-20 public or private youth center, public swimming pool, or video
10-21 arcade facility; and
10-22 (B) attend psychological counseling sessions for
10-23 sex offenders with an individual or organization which provides sex
10-24 offender treatment or counseling as specified by the parole officer
10-25 supervising the parolee after release.
10-26 (2) This section applies to an inmate serving a
10-27 sentence for an offense:
10-28 (A) under Section 43.25 or 43.26, Penal Code;
10-29 (B) under Section 21.11, 22.011, 22.021, or
10-30 25.02, Penal Code;
10-31 (C) under Section 20.04(a)(4), Penal Code, if
10-32 the inmate committed the offense with the intent to violate or
10-33 abuse the victim sexually; or
10-34 (D) under Section 30.02, Penal Code, punishable
10-35 under Subsection (d) of that section, if the inmate committed the
10-36 offense with the intent to commit a felony listed in Paragraph (B)
10-37 or (C) of this subdivision.
10-38 (3) A parole officer who under Subdivision (1)(B)
10-39 specifies a sex offender treatment provider to provide counseling
10-40 to an inmate shall contact the provider before the inmate is
10-41 released, establish the date, time, and place of the first session
10-42 between the inmate and the provider, and request the provider to
10-43 immediately notify the officer if the inmate fails to attend the
10-44 first session or any subsequent scheduled session.
10-45 (4) At any time after the imposition of a condition
10-46 under Subdivision (1)(A), the inmate may request the parole panel
10-47 to modify the child safety zone applicable to the inmate because
10-48 the zone as created by the panel:
10-49 (A) interferes with the ability of the inmate to
10-50 attend school or hold a job and consequently constitutes an undue
10-51 hardship for the inmate; or
10-52 (B) is broader than necessary to protect the
10-53 public, given the nature and circumstances of the offense.
10-54 (5) A parole officer supervising an inmate described
10-55 by Subdivision (2) may permit the inmate to enter on an
10-56 event-by-event basis into the child safety zone from which the
10-57 inmate is otherwise prohibited from entering if:
10-58 (A) the inmate has served at least two years of
10-59 the period of supervision imposed on release;
10-60 (B) the inmate enters the zone as part of a
10-61 program to reunite with the inmate's family;
10-62 (C) the inmate presents to the parole officer a
10-63 written proposal specifying where the inmate intends to go within
10-64 the zone, why and with whom the inmate is going, and how the inmate
10-65 intends to cope with any stressful situations that occur;
10-66 (D) the sex offender treatment provider treating
10-67 the inmate agrees with the officer that the inmate should be
10-68 allowed to attend the event; and
10-69 (E) the officer and the treatment provider agree
11-1 on a chaperon to accompany the inmate, and the chaperon agrees to
11-2 perform that duty.
11-3 (6) In this subsection, "playground," "premises,"
11-4 "school," "video arcade facility," and "youth center" have the
11-5 meanings assigned by Section 481.134, Health and Safety Code.
11-6 SECTION 6. Section 8A, Article 42.18, Code of Criminal
11-7 Procedure, is amended to read as follows:
11-8 Sec. 8A. RESIDENCE DURING PAROLE [OR RELEASE TO MANDATORY
11-9 SUPERVISION]. (a) In addition to other conditions imposed by a
11-10 parole panel under this article, the panel shall require as a
11-11 condition of parole [or release to mandatory supervision] that the
11-12 defendant reside during the period of parole [or mandatory
11-13 supervision] in the county in which:
11-14 (1) the defendant resided at the time of committing
11-15 the offense for which the defendant was sentenced to the
11-16 institutional division; or
11-17 (2) the defendant committed the offense for which the
11-18 defendant was sentenced to the institutional division, but only if
11-19 the defendant was not a resident of this state at the time of
11-20 committing the offense.
11-21 (b) A parole panel may require a defendant to reside in a
11-22 county other than the county required by Subsection (a) of this
11-23 section to:
11-24 (1) protect the life or safety of a victim of the
11-25 defendant's offense, the defendant, a witness in the case, or any
11-26 other person; or
11-27 (2) increase the likelihood of the defendant's
11-28 successful completion of parole [or mandatory supervision], because
11-29 of:
11-30 (A) written expressions of significant public
11-31 concern in the county in which the defendant would otherwise be
11-32 required to reside;
11-33 (B) the presence of family members or friends in
11-34 the other county who have expressed a willingness to assist the
11-35 defendant in successfully completing the terms and conditions of
11-36 the defendant's release on parole [or mandatory supervision];
11-37 (C) the verified existence of a job offer in the
11-38 other county; or
11-39 (D) the availability of treatment programs,
11-40 educational programs, or other social service programs in the other
11-41 county that are not available in the county in which the defendant
11-42 would otherwise be required to reside.
11-43 (c) At any time after a defendant is released on parole [or
11-44 mandatory supervision], a parole panel may modify the conditions of
11-45 parole [or release on mandatory supervision] to require the
11-46 defendant to reside in a county other than the county required by
11-47 the original conditions. In making a decision under this
11-48 subsection, a parole panel must consider the factors listed in
11-49 Subsection (b) of this section.
11-50 (d) If a parole panel initially requires the defendant to
11-51 reside in a county other than the county required by Subsection (a)
11-52 of this section, the parole panel shall subsequently require the
11-53 person to reside in the county described by Subsection (a) of this
11-54 section if the requirement that the defendant reside in the other
11-55 county was based on:
11-56 (1) the verified existence of a job offer under
11-57 Subsection (b)(2)(C) of this section and the defendant is no longer
11-58 employed in or actively seeking employment; or
11-59 (2) the availability of treatment programs,
11-60 educational programs, or other social service programs under
11-61 Subsection (b)(2)(D) of this section and the defendant:
11-62 (A) no longer regularly participates in the
11-63 program as required by a term or condition of parole [or release to
11-64 mandatory supervision]; or
11-65 (B) has successfully completed the program but
11-66 has violated another term or condition of the defendant's release
11-67 on parole [or mandatory supervision].
11-68 (e) If a parole panel requires the defendant to reside in a
11-69 county other than the county required by Subsection (a) of this
12-1 section, the panel shall state the reason for its decision in
12-2 writing, and place the statement in the defendant's permanent
12-3 record.
12-4 (f) This section does not apply to a decision by a parole
12-5 panel to require a defendant to serve the period of parole [or
12-6 mandatory supervision] in another state.
12-7 SECTION 7. Section 8B, Article 42.18, Code of Criminal
12-8 Procedure, is amended by amending Subsections (a) and (c) to read
12-9 as follows:
12-10 (a) The parolee restitution fund is a fund outside the
12-11 treasury and consists of restitution payments made by persons
12-12 released on parole [or mandatory supervision]. Money in the fund
12-13 may be used only to pay restitution as required by a condition of
12-14 parole [or release to mandatory supervision] to victims of criminal
12-15 offenses.
12-16 (c) When the board orders the payment of restitution in the
12-17 manner prescribed by Article 42.037(h) from a person released on
12-18 parole [or mandatory supervision], the department shall:
12-19 (1) collect the payment for disbursement to the
12-20 victim;
12-21 (2) deposit the payment in the parolee restitution
12-22 fund; and
12-23 (3) transmit the payment to the victim as soon as
12-24 practicable.
12-25 SECTION 8. Section 13, Article 42.18, Code of Criminal
12-26 Procedure, is amended to read as follows:
12-27 Sec. 13. WARRANTS. (a) A warrant for the return of a
12-28 paroled prisoner, [a prisoner released to mandatory supervision,] a
12-29 prisoner released although not eligible for release, a resident
12-30 released to a preparole or work program, a prisoner released on
12-31 emergency reprieve or on furlough, or a person released on a
12-32 conditional pardon to the institution from which the person was
12-33 paroled, released, or pardoned may be issued by the director or a
12-34 designated agent of the director in case [cases] of parole [or
12-35 mandatory supervision], or by the board on order by the governor in
12-36 other cases, if there is reason to believe that the person has been
12-37 released although not eligible for release, if the person has been
12-38 arrested for an offense, if there is a verified complaint stating
12-39 that the person violated a rule or condition of release, or if
12-40 there is reliable evidence that the person has exhibited behavior
12-41 during the person's release that indicates to a reasonable person
12-42 that the person poses a danger to society that warrants the
12-43 person's immediate return to custody. The person may be held in
12-44 custody pending a determination of all facts surrounding the
12-45 alleged offense, violation of a rule or condition of release, or
12-46 dangerous behavior. A designated agent of the director acts
12-47 independently from a parole officer and must receive specialized
12-48 training as determined by the director. Such warrant shall
12-49 authorize all officers named therein to take actual custody of the
12-50 prisoner and detain and house the prisoner until a parole panel
12-51 orders the return of the prisoner to the institution from which he
12-52 was released. Pending hearing, as hereinafter provided, upon any
12-53 charge of parole violation or[,] ineligible release[, or violation
12-54 of the conditions of mandatory supervision], a prisoner returned to
12-55 custody shall remain incarcerated. If the director, a board
12-56 member, or a designated agent of the director or the board is
12-57 otherwise authorized to issue a warrant under this subsection, the
12-58 division may instead issue to a prisoner a summons requiring the
12-59 prisoner to appear for a hearing under Section 14 of this article.
12-60 The summons must state the time, place, date, and purpose of the
12-61 hearing.
12-62 (b) A prisoner for whose return a warrant has been issued
12-63 shall, after the issuance of such warrant, be deemed a fugitive
12-64 from justice and if it shall appear that he has violated the
12-65 conditions or provisions of his [mandatory supervision or] parole,
12-66 the time from the issuing of such warrant to the date of his arrest
12-67 shall not be counted as any part of the time to be served under his
12-68 sentence. The law now in effect concerning the right of the State
12-69 of Texas to extradite persons and return fugitives from justice and
13-1 Article 42.11 of this code concerning the waiver of all legal
13-2 requirements to obtain extradition of fugitives from justice from
13-3 other states to this state shall not be impaired by this article
13-4 and shall remain in full force and effect.
13-5 SECTION 9. Subsection (a), Section 14, Article 42.18, Code
13-6 of Criminal Procedure, is amended to read as follows:
13-7 (a) Whenever a prisoner or a person granted a conditional
13-8 pardon is accused of a violation of his parole[, mandatory
13-9 supervision,] or conditional pardon, on information and complaint
13-10 by a law enforcement officer or parole officer, or is arrested
13-11 after an ineligible release, he shall be entitled to be heard on
13-12 such charges before a parole panel or a designee of the board under
13-13 such rules as the board may adopt; provided, however, said hearing
13-14 shall be held within 70 days of the date of arrest under a warrant
13-15 issued by the director or a designated agent of the director or by
13-16 the board on order by the governor and at a time and place set by
13-17 that parole panel or designee. The panel or designee may hold the
13-18 hearing at a date later than the date otherwise required by this
13-19 section if it determines a delay is necessary to assure due process
13-20 for the person, except that the authority issuing the warrant shall
13-21 immediately withdraw the warrant if the hearing is not held before
13-22 the 121st day after the date of arrest. If a parole panel or
13-23 designee determines that a parolee[, mandatory supervisee,] or
13-24 person granted a conditional pardon has been convicted in a court
13-25 of competent jurisdiction of a felony offense committed while an
13-26 administrative releasee and has been sentenced by the court to a
13-27 term of incarceration in a penal institution, the determination is
13-28 to be considered a sufficient hearing to revoke the parole [or
13-29 mandatory supervision] or recommend to the governor revocation of a
13-30 conditional pardon without further hearing, except that the parole
13-31 panel or designee shall conduct a hearing to consider mitigating
13-32 circumstances if requested by the parolee[, mandatory supervisee,]
13-33 or person granted a conditional pardon. When the parole panel or
13-34 designee has heard the facts, the board may recommend to the
13-35 governor that the conditional pardon be continued, revoked, or
13-36 modified, or it may continue, revoke, or modify the parole [or
13-37 mandatory supervision], in any manner warranted by the evidence.
13-38 The parole panel or designee must make its recommendation or
13-39 decision no later than the 30th day after the date the hearing is
13-40 concluded. When a person's parole[, mandatory supervision,] or
13-41 conditional pardon is revoked, that person may be required to serve
13-42 the portion remaining of the sentence on which he was released,
13-43 such portion remaining to be calculated without credit for the time
13-44 from the date of his release to the date of revocation. When a
13-45 warrant is issued charging a violation of release conditions, the
13-46 sentence time credit may be suspended until a determination is made
13-47 in such case and such suspended time credit may be reinstated
13-48 should such parole[, mandatory supervision,] or conditional pardon
13-49 be continued.
13-50 SECTION 10. Subsection (b), Section 15, Article 42.18, Code
13-51 of Criminal Procedure, is amended to read as follows:
13-52 (b) The pardons and paroles division may allow a person
13-53 released on parole [or mandatory supervision] to serve the
13-54 remainder of the person's sentence without supervision and without
13-55 being required to report if:
13-56 (1) the person has been under the supervision for not
13-57 less than one-half of the time that remained on the person's
13-58 sentence when the person was released from imprisonment and during
13-59 the period of supervision the person's parole [or release on
13-60 mandatory supervision] has not been revoked; and
13-61 (2) the pardons and paroles division determines that:
13-62 (A) the person has made a good faith effort to
13-63 comply with any restitution order imposed on the person by a court
13-64 of competent jurisdiction; and
13-65 (B) allowing the person to serve the remainder
13-66 of the person's sentence without supervision and reporting is in
13-67 the best interest of society.
13-68 SECTION 11. Subsection (a), Section 17, Article 42.18, Code
13-69 of Criminal Procedure, is amended to read as follows:
14-1 (a) The pardons and paroles division shall have general
14-2 responsibility for the investigation and supervision of all
14-3 prisoners released on parole [and to mandatory supervision].
14-4 SECTION 12. Section 18, Article 42.18, Code of Criminal
14-5 Procedure, is amended to read as follows:
14-6 Sec. 18. CONFIDENTIAL INFORMATION. (a) Except as provided
14-7 by Subsection (b), all information, including victim protest
14-8 letters or other correspondence, victim impact statements, lists of
14-9 inmates eligible for release on parole, and arrest records of
14-10 inmates, obtained and maintained in connection with inmates of the
14-11 institutional division subject to parole[, release to mandatory
14-12 supervision,] or executive clemency, or individuals who may be on
14-13 [mandatory supervision or] parole and under the supervision of the
14-14 pardons and paroles division, or persons directly identified in any
14-15 proposed plan of release for a prisoner, is confidential and
14-16 privileged.
14-17 (b) This section does not apply to information regarding a
14-18 sex offender if the information is authorized for release under
14-19 Article 6252-13c.1, Revised Statutes.
14-20 (c) [(b)] Statistical and general information respecting the
14-21 parole [and mandatory supervision] program and system, including
14-22 the names of paroled prisoners[, prisoners released to mandatory
14-23 supervision,] and data recorded in connection with parole [and
14-24 mandatory supervision] services, is not confidential or privileged
14-25 and must be made available for public inspection at any reasonable
14-26 time.
14-27 (d) [(c)] On request of the governor, a member of the board,
14-28 the Criminal Justice Policy Council in performing duties of the
14-29 council under Section 413.021, Government Code, or an eligible
14-30 entity requesting information for a law enforcement, prosecutorial,
14-31 correctional, clemency, or treatment purpose, the department may
14-32 provide to the person or entity for that purpose information made
14-33 confidential and privileged by this section.
14-34 (e) [(d)] In this section, "eligible entity" means:
14-35 (1) a government agency, including the office of a
14-36 prosecuting attorney;
14-37 (2) an organization with which the Texas Department of
14-38 Criminal Justice contracts or an organization to which the
14-39 department provides a grant; or
14-40 (3) an organization to which inmates are referred for
14-41 services by the Texas Department of Criminal Justice.
14-42 SECTION 13. Subsections (a) and (c), Section 19, Article
14-43 42.18, Code of Criminal Procedure, are amended to read as follows:
14-44 (a) It is expressly provided that no person may be employed
14-45 as a parole officer or supervisor or be responsible for the
14-46 investigation or supervision of persons on parole [or mandatory
14-47 supervision], unless he meets the following qualifications together
14-48 with any other qualifications that may be specified by the
14-49 director: four years of successfully completed education in an
14-50 accredited college or university and two years of full-time paid
14-51 employment in responsible correctional work with adults or
14-52 juveniles or in a related field. Additional experience in the
14-53 above categories may be substituted year for year for the required
14-54 college education, with a maximum substitution for two years. This
14-55 subsection applies only to persons employed as parole officers or
14-56 supervisors before or on September 1, 1990.
14-57 (c) No person who is serving as a sheriff, deputy sheriff,
14-58 constable, deputy constable, city policeman, Texas Ranger, state
14-59 highway patrolman, or similar law enforcement officer or as a
14-60 prosecuting attorney shall act as a parole officer or be
14-61 responsible for the supervision of persons on parole [or released
14-62 to mandatory supervision].
14-63 SECTION 14. Section 21, Article 42.18, Code of Criminal
14-64 Procedure, is amended to read as follows:
14-65 Sec. 21. LITERACY. The Texas Board of Criminal Justice and
14-66 the Central Education Agency shall adopt a memorandum of
14-67 understanding that establishes the respective responsibilities of
14-68 the board and the agency in implementing a continuing education
14-69 program to increase the literacy of inmates released from the
15-1 institutional division on parole [and mandatory supervision]. The
15-2 Texas Board of Criminal Justice and the agency shall coordinate the
15-3 development of the memorandum of understanding and each by rule
15-4 shall adopt the memorandum.
15-5 SECTION 15. Subsection (a), Section 25, Article 42.18, Code
15-6 of Criminal Procedure, is amended to read as follows:
15-7 (a) The division may establish and operate or contract for
15-8 the operation of community residential facilities to house,
15-9 maintain, and provide services for:
15-10 (1) persons required by a parole panel as a condition
15-11 of parole [or mandatory supervision] under this article to serve a
15-12 period in a community-based facility; and
15-13 (2) persons whose release on parole [or mandatory
15-14 supervision] has been continued or modified under Section 14(a) of
15-15 this article, and on whom sanctions have been imposed under that
15-16 section.
15-17 SECTION 16. Subsection (h), Article 42.037, Code of Criminal
15-18 Procedure, is amended to read as follows:
15-19 (h) If a defendant is placed on community supervision
15-20 [probation] or is paroled [or released on mandatory supervision]
15-21 under this chapter, the court or the Board of Pardons and Paroles
15-22 shall order the payment of restitution ordered under this article
15-23 as a condition of community supervision or [probation,] parole[, or
15-24 mandatory supervision]. The court may revoke community supervision
15-25 [probation] and the Board of Pardons and Paroles may revoke parole
15-26 [or mandatory supervision] if the defendant fails to comply with
15-27 the order. In determining whether to revoke community supervision
15-28 or [probation,] parole[, or mandatory supervision], the court or
15-29 board shall consider:
15-30 (1) the defendant's employment status;
15-31 (2) the defendant's earning ability;
15-32 (3) the defendant's financial resources;
15-33 (4) the willfulness of the defendant's failure to pay;
15-34 and
15-35 (5) any other special circumstances that may affect
15-36 the defendant's ability to pay.
15-37 SECTION 17. Subsection (d), Section 8, Article 42.09, Code
15-38 of Criminal Procedure, is amended to read as follows:
15-39 (d) The institutional division of the Texas Department of
15-40 Criminal Justice shall make documents received under Subsections
15-41 (a) and (c) available to the pardons and paroles division on the
15-42 request of the pardons and paroles division and shall, on release
15-43 of a defendant on parole [or to mandatory supervision], immediately
15-44 provide the pardons and paroles division with copies of documents
15-45 received under Subsection (a). The pardons and paroles division
15-46 shall provide to the parole officer appointed to supervise the
15-47 defendant a comprehensive summary of the information contained in
15-48 the documents referenced in this section not later than the 14th
15-49 day after the date of the defendant's release. The summary shall
15-50 include a current photograph of the defendant and a complete set of
15-51 the defendant's fingerprints. Upon written request from the county
15-52 sheriff, the photograph and fingerprints shall be filed with the
15-53 sheriff of the county to which the parolee is assigned if that
15-54 county is not the county from which the parolee was sentenced.
15-55 SECTION 18. Subsection (a), Section 3g, Article 42.12, Code
15-56 of Criminal Procedure, as amended by Chapters 260 and 318, Acts of
15-57 the 74th Legislature, 1995, is amended to read as follows:
15-58 (a) The provisions of Section 3 of this article do not
15-59 apply:
15-60 (1) to a defendant adjudged guilty of an offense
15-61 under:
15-62 (A) Section 19.02, Penal Code (Murder);
15-63 (B) Section 19.03, Penal Code (Capital murder);
15-64 (C) Section 21.11(a)(1), Penal Code (Indecency
15-65 with a child);
15-66 (D) Section 20.04, Penal Code (Aggravated
15-67 kidnapping);
15-68 (E) Section 22.021, Penal Code (Aggravated
15-69 sexual assault);
16-1 (F) Section 29.03, Penal Code (Aggravated
16-2 robbery); [or]
16-3 (G) Chapter 481, Health and Safety Code, for
16-4 which punishment is increased under Section 481.134(c), (d), (e),
16-5 or (f), Health and Safety Code, if it is shown that the defendant
16-6 has been previously convicted of an offense for which punishment
16-7 was increased under any of those subsections; or
16-8 (H) [(G)] Section 22.011(a)(2), Penal Code
16-9 (Sexual assault); or
16-10 (2) to a defendant when it is shown that a deadly
16-11 weapon as defined in Section 1.07, Penal Code, was used or
16-12 exhibited during the commission of a felony offense or during
16-13 immediate flight therefrom, and that the defendant used or
16-14 exhibited the deadly weapon or was a party to the offense and knew
16-15 that a deadly weapon would be used or exhibited. On an affirmative
16-16 finding under this subdivision, the trial court shall enter the
16-17 finding in the judgment of the court. On an affirmative finding
16-18 that the deadly weapon was a firearm, the court shall enter that
16-19 finding in its judgment.
16-20 SECTION 19. Subsection (a), Article 43.101, Code of Criminal
16-21 Procedure, is amended to read as follows:
16-22 (a) A defendant confined in county jail awaiting trial or a
16-23 defendant confined in county jail after conviction of a felony or
16-24 revocation of community supervision or[,] parole[, or mandatory
16-25 supervision] and awaiting transfer to the institutional division of
16-26 the Texas Department of Criminal Justice may volunteer to
16-27 participate in any work program operated by the sheriff that uses
16-28 the labor of convicted defendants.
16-29 SECTION 20. Subsection (c), Article 60.052, Code of Criminal
16-30 Procedure, is amended to read as follows:
16-31 (c) Information in the corrections tracking system relating
16-32 to the handling of offenders must include the following information
16-33 about each imprisonment, confinement, or execution of an offender:
16-34 (1) the date of the imprisonment or confinement;
16-35 (2) if the offender was sentenced to death:
16-36 (A) the date of execution; and
16-37 (B) if the death sentence was commuted, the
16-38 sentence to which the sentence of death was commuted and the date
16-39 of commutation;
16-40 (3) the date the offender was released from
16-41 imprisonment or confinement and whether the release was a discharge
16-42 or a release on parole [or mandatory supervision];
16-43 (4) if the offender is released on parole [or
16-44 mandatory supervision]:
16-45 (A) the offense for which the offender was
16-46 convicted by offense code and incident number;
16-47 (B) the date the offender was received by an
16-48 office of the Board of Pardons and Paroles division;
16-49 (C) the county in which the offender resides
16-50 while under supervision;
16-51 (D) any program in which an offender is placed
16-52 or has previously been placed and the level of supervision the
16-53 offender is placed on while under the jurisdiction of the Board of
16-54 Pardons and Paroles division;
16-55 (E) the date a program described by Paragraph
16-56 (D) of this subdivision begins, the date the program ends, and
16-57 whether the program was completed successfully;
16-58 (F) the date a level of supervision described by
16-59 Paragraph (D) of this subdivision begins and the date the level of
16-60 supervision ends;
16-61 (G) if the offender's release status is revoked,
16-62 the reason for the revocation and the date of revocation;
16-63 (H) the expiration date of the sentence; and
16-64 (I) the date of the offender's release from the
16-65 Board of Pardons and Paroles division or the date on which the
16-66 offender is granted clemency; and
16-67 (5) if the offender is released under Section 6(a),
16-68 Article 42.12, of this code, the date of the offender's release.
16-69 SECTION 21. Subsection (e), Section 406.009, Government
17-1 Code, is amended to read as follows:
17-2 (e) The dismissal and discharge of proceedings under either
17-3 the misdemeanor adult community [probation and] supervision law or
17-4 the adult community supervision or [probation,] parole[, and
17-5 mandatory supervision] law shall not be considered a conviction for
17-6 the purposes of determining good cause.
17-7 SECTION 22. Subsections (a) and (b), Section 413.019,
17-8 Government Code, are amended to read as follows:
17-9 (a) Each month the policy council shall determine the
17-10 following information:
17-11 (1) the number and percentage of inmates released on
17-12 parole [or to mandatory supervision] to each county;
17-13 (2) the number and percentage of inmates released on
17-14 parole in absentia to each county; and
17-15 (3) the number of inmates released to and from a
17-16 halfway house in each county, including the number of inmates who
17-17 are required as a condition of release to reside in a county other
17-18 than the county in which a halfway house is located.
17-19 (b) The policy council shall submit to the Texas Board of
17-20 Criminal Justice an annual report that includes the following
17-21 information for the preceding 12 months:
17-22 (1) the number of inmates released on parole [or to
17-23 mandatory supervision];
17-24 (2) the number and percentage of inmates released on
17-25 parole [or to mandatory supervision] to each county, including the
17-26 number of inmates who are required on release from a halfway house
17-27 to reside in a county other than the county in which the halfway
17-28 house is located;
17-29 (3) the number of inmates released on parole in
17-30 absentia;
17-31 (4) the number and destination of inmates who are
17-32 transferred from one county to another during the period of release
17-33 or supervision; and
17-34 (5) the number and percentage of inmates released on
17-35 parole in absentia to each county.
17-36 SECTION 23. Subsection (a), Section 466.155, Government
17-37 Code, is amended to read as follows:
17-38 (a) After a hearing, the director shall deny an application
17-39 for a license or the commission shall suspend or revoke a license
17-40 if the director or commission, as applicable, finds that the
17-41 applicant or sales agent:
17-42 (1) is an individual who:
17-43 (A) has been convicted of a felony, criminal
17-44 fraud, gambling or a gambling-related offense, or a misdemeanor
17-45 involving moral turpitude, if less than 10 years has elapsed since
17-46 the termination of the sentence, parole, [mandatory supervision,]
17-47 or community supervision [probation] served for the offense;
17-48 (B) is or has been a professional gambler;
17-49 (C) is married to an individual:
17-50 (i) described in Paragraph (A) or (B); or
17-51 (ii) who is currently delinquent in the
17-52 payment of any state tax;
17-53 (D) is an officer or employee of the commission
17-54 or a lottery operator; or
17-55 (E) is a spouse, child, brother, sister, or
17-56 parent residing as a member of the same household in the principal
17-57 place of residence of a person described by Paragraph (D);
17-58 (2) is not an individual, and an individual described
17-59 in Subdivision (1):
17-60 (A) is an officer or director of the applicant
17-61 or sales agent;
17-62 (B) holds more than 10 percent of the stock in
17-63 the applicant or sales agent;
17-64 (C) holds an equitable interest greater than 10
17-65 percent in the applicant or sales agent;
17-66 (D) is a creditor of the applicant or sales
17-67 agent who holds more than 10 percent of the applicant's or sales
17-68 agent's outstanding debt;
17-69 (E) is the owner or lessee of a business that
18-1 the applicant or sales agent conducts or through which the
18-2 applicant will conduct a ticket sales agency;
18-3 (F) shares or will share in the profits, other
18-4 than stock dividends, of the applicant or sales agent; or
18-5 (G) participates in managing the affairs of the
18-6 applicant or sales agent;
18-7 (3) is currently delinquent in the payment of any
18-8 state tax;
18-9 (4) is a person whose location for the sales agency
18-10 is:
18-11 (A) a racetrack at which wagering is authorized
18-12 under the Texas Racing Act (Article 179e, Vernon's Texas Civil
18-13 Statutes);
18-14 (B) a location licensed for games of bingo under
18-15 the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
18-16 Statutes);
18-17 (C) on land that is owned by:
18-18 (i) this state; or
18-19 (ii) a political subdivision of this state
18-20 and on which is located a public primary or secondary school, an
18-21 institution of higher education, or an agency of the state; or
18-22 (D) a location for which a person holds a wine
18-23 and beer retailer's permit, mixed beverage permit, mixed beverage
18-24 late hours permit, private club registration permit, or private
18-25 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
18-26 Alcoholic Beverage Code; or
18-27 (5) has violated this chapter or a rule adopted under
18-28 this chapter.
18-29 SECTION 24. Subsection (g), Section 493.015, Government
18-30 Code, as added by Section 1, Chapter 85, Acts of the 74th
18-31 Legislature, 1995, is amended to read as follows:
18-32 (g) The department shall cooperate with the Immigration and
18-33 Naturalization Service in implementing an efficient system for the
18-34 deportation of illegal criminal aliens on completion of the
18-35 inmates' sentences or release of the inmates on parole [or
18-36 mandatory supervision]. The department shall consider:
18-37 (1) designating facilities or units within the
18-38 department as central locations to hold inmates who are illegal
18-39 criminal aliens for the period immediately preceding release on
18-40 parole [or mandatory supervision]; and
18-41 (2) providing two-way closed circuit communications
18-42 systems and other technology that will assist the state and the
18-43 federal government in ensuring the timely and efficient deportation
18-44 of illegal criminal aliens on the release of those aliens from
18-45 imprisonment or confinement under the authority of the department.
18-46 SECTION 25. Subsection (a), Section 497.035, Government
18-47 Code, is amended to read as follows:
18-48 (a) A person commits an offense if the person intentionally
18-49 sells or offers to sell on the open market in this state an article
18-50 or product the person knows was manufactured in whole or in part by
18-51 an inmate of the institutional division or an inmate in a
18-52 correctional facility in any other state, other than an inmate:
18-53 (1) who was on community supervision or[,] parole[, or
18-54 mandatory supervision];
18-55 (2) employed by an enterprise who has employed the
18-56 inmate to advantage themselves of the Franchise Tax Credit offered
18-57 under Subchapter L, Chapter 171, Tax Code, at the time of
18-58 manufacture; or
18-59 (3) participating in a federally certified prison
18-60 industry enhancement program.
18-61 SECTION 26. Subsection (a), Section 497.094, Government
18-62 Code, is amended to read as follows:
18-63 (a) The department shall implement job training programs for
18-64 inmates confined in facilities operated by the department and
18-65 monitor the success of those programs. The department shall
18-66 collect information relating to the employment histories of inmates
18-67 released from the institutional division on parole [and mandatory
18-68 supervision].
18-69 SECTION 27. Subsections (a) and (c), Section 498.003,
19-1 Government Code, are amended to read as follows:
19-2 (a) Good conduct time applies only to eligibility for parole
19-3 [or mandatory supervision] as provided by Section 8, Article 42.18,
19-4 Code of Criminal Procedure, and does not otherwise affect an
19-5 inmate's term. Good conduct time is a privilege and not a right.
19-6 Regardless of the classification of an inmate, the department may
19-7 grant good conduct time to the inmate only if the department finds
19-8 that the inmate is actively engaged in an agricultural, vocational,
19-9 or educational endeavor or in an industrial program or other work
19-10 program, unless the department finds that the inmate is not capable
19-11 of participating in such an endeavor.
19-12 (c) An inmate may not accrue good conduct time during any
19-13 period the inmate is classified as a Class III inmate or is on
19-14 parole [or under mandatory supervision].
19-15 SECTION 28. Subsection (b), Section 498.004, Government
19-16 Code, as amended by Section 4, Chapter 249, Acts of the 74th
19-17 Legislature, 1995, is amended to read as follows:
19-18 (b) On the revocation of parole [or mandatory supervision]
19-19 of an inmate, the inmate forfeits all good conduct time previously
19-20 accrued. On return to the institutional division the inmate may
19-21 accrue new good conduct time for subsequent time served in the
19-22 division. The department may not restore good conduct time
19-23 forfeited on a revocation.
19-24 SECTION 29. Subsection (b), Section 498.004, Government
19-25 Code, as amended by Section 1.049, Chapter 321, Acts of the 74th
19-26 Legislature, 1995, is amended to read as follows:
19-27 (b) On the revocation of parole [or mandatory supervision]
19-28 of an inmate, the inmate forfeits all good conduct time previously
19-29 accrued. On return to the institutional division the inmate may
19-30 accrue new good conduct time for subsequent time served in the
19-31 division. The department may restore good conduct time forfeited
19-32 on a revocation that does not involve a new criminal conviction
19-33 after the inmate has served at least three months of good behavior
19-34 in the institutional division, subject to policies established by
19-35 the division.
19-36 SECTION 30. Subsection (a), Section 499.002, Government
19-37 Code, is amended to read as follows:
19-38 (a) The pardons and paroles division may assume custody of
19-39 an eligible inmate not more than one year before the inmate's
19-40 presumptive parole date [or mandatory supervision release date].
19-41 The eligible inmate becomes a pre-parolee on the date the pardons
19-42 and paroles division assumes custody, and the pardons and paroles
19-43 division immediately shall transfer the pre-parolee to a community
19-44 residential facility. Except as otherwise provided by this
19-45 subchapter, the pre-parolee may serve the remainder of the
19-46 pre-parolee's sentence before release on parole in the facility
19-47 designated by the pardons and paroles division.
19-48 SECTION 31. (a) Subsection (b), Section 499.025, Government
19-49 Code, is amended to read as follows:
19-50 (b) If the inmate population of the institutional division
19-51 reaches 95 percent of capacity or, if the attorney general has
19-52 authorized an increase in the permissible percentage of capacity
19-53 under Section 499.109, the inmate population reaches that increased
19-54 permissible percentage, the director shall immediately notify the
19-55 executive director, the board, and the attorney general in writing
19-56 of that fact. The attorney general shall certify to the board in
19-57 writing as to whether the institutional division has reached 95
19-58 percent of capacity or, if applicable, the increased permissible
19-59 percentage. If the attorney general certifies that 95 percent of
19-60 capacity has been reached or, if applicable, that the increased
19-61 permissible percentage has been reached, the board shall
19-62 immediately certify that an emergency overcrowding situation exists
19-63 and direct the Board of Pardons and Paroles to proceed in the
19-64 manner described by Subsection (c). If the Commission on Jail
19-65 Standards determines that in any county jail in this state there
19-66 exists an inmate awaiting transfer to the institutional division
19-67 following conviction of a felony or revocation of community
19-68 supervision or [probation,] parole[, or release on mandatory
19-69 supervision] and for whom all paperwork and processing required for
20-1 transfer have been completed for not less than 45 days, the board
20-2 may direct the Board of Pardons and Paroles to proceed in the
20-3 manner described by Subsection (c).
20-4 (b) This section takes effect only if Section 32 of this Act
20-5 does not take effect.
20-6 SECTION 32. (a) Subsection (b), Section 499.025, Government
20-7 Code, is amended to read as follows:
20-8 (b) If the inmate population of the institutional division
20-9 reaches 100 percent of capacity or, if the attorney general has
20-10 authorized an increase in the permissible percentage of capacity
20-11 under Section 499.109, the inmate population reaches that increased
20-12 permissible percentage, the director shall immediately notify the
20-13 executive director, the board, and the attorney general in writing
20-14 of that fact. The attorney general shall certify to the board in
20-15 writing as to whether the institutional division has reached 100
20-16 percent of capacity or, if applicable, the increased permissible
20-17 percentage. If the attorney general certifies that 100 percent of
20-18 capacity has been reached or, if applicable, that the increased
20-19 permissible percentage has been reached, the board shall
20-20 immediately certify that an emergency overcrowding situation exists
20-21 and direct the Board of Pardons and Paroles to proceed in the
20-22 manner described by Subsection (c). If the Commission on Jail
20-23 Standards determines that in any county jail in this state there
20-24 exists an inmate awaiting transfer to the institutional division
20-25 following conviction of a felony or revocation of community
20-26 supervision or [probation,] parole[, or release on mandatory
20-27 supervision] and for whom all paperwork and processing required for
20-28 transfer have been completed for not less than 45 days, the board
20-29 may direct the Board of Pardons and Paroles to proceed in the
20-30 manner described by Subsection (c).
20-31 (b) This section takes effect only if the attorney general,
20-32 under the terms of Subsection (c), Section 71, Chapter 318, Acts of
20-33 the 74th Legislature, 1995, makes the certification described by
20-34 Subsection (c), Section 71. If the attorney general does not make
20-35 the certification described by Subsection (c), Section 71, this
20-36 section has no effect.
20-37 SECTION 33. Subsection (c), Section 499.053, Government
20-38 Code, is amended to read as follows:
20-39 (c) All laws relating to good conduct time and eligibility
20-40 for release on parole [or mandatory supervision] apply to a person
20-41 transferred to the institutional division by the youth commission
20-42 as if the time the person was detained in a detention facility and
20-43 the time the person served in the custody of the youth commission
20-44 was time served in the custody of the division.
20-45 SECTION 34. Section 499.122, Government Code, is amended to
20-46 read as follows:
20-47 Sec. 499.122. Inmate Count. The Commission on Jail
20-48 Standards shall analyze monthly the population of each jail in this
20-49 state that is the jail for a qualifying county and determine the
20-50 number of inmates confined in the jail who are awaiting transfer to
20-51 the institutional division following conviction of a felony or
20-52 revocation of community supervision or [probation,] parole[, or
20-53 release on mandatory supervision] and for whom all paperwork and
20-54 processing required under Section 8(a), Article 42.09, Code of
20-55 Criminal Procedure, for transfer have been completed. The
20-56 commission may not consider in determining the population of the
20-57 jail under this section any inmate who is in the jail after having
20-58 been transferred from another jail and for whom the commission has
20-59 made payment under this subchapter.
20-60 SECTION 35. Subsections (a) and (c), Section 499.123,
20-61 Government Code, are amended to read as follows:
20-62 (a) Not later than the 32nd day after the effective date of
20-63 this subchapter, the Commission on Jail Standards shall determine
20-64 for each jail in this state that is the jail for a qualifying
20-65 county the number of inmates confined in the jail on April 1, 1991,
20-66 who were awaiting transfer to the institutional division following
20-67 conviction of a felony or revocation of community supervision or
20-68 [probation,] parole[, or release on mandatory supervision] and for
20-69 whom paperwork and processing required under Section 8(a), Article
21-1 42.09, Code of Criminal Procedure, for transfer had been completed
21-2 on that date.
21-3 (c) Not later than September 10, 1993, the Commission on
21-4 Jail Standards shall determine for each jail in this state that is
21-5 the jail for a qualifying county the number of inmates confined in
21-6 the jail on September 1, 1993, who were awaiting transfer to the
21-7 institutional division following conviction of a felony or
21-8 revocation of community supervision or [probation,] parole[, or
21-9 release on mandatory supervision] and for whom paperwork and
21-10 processing required under Section 8(a), Article 42.09, Code of
21-11 Criminal Procedure, for transfer had been completed, as determined
21-12 under Section 499.122, on that date.
21-13 SECTION 36. Subsection (a), Section 499.126, Government
21-14 Code, is amended to read as follows:
21-15 (a) In this subchapter, "qualifying county" means a county
21-16 that:
21-17 (1) on or after the effective date of this subchapter
21-18 does not initiate or become a party to a suit against the state or
21-19 a state agency or state official, the subject of which is the
21-20 reimbursement of the county for the confinement of inmates in the
21-21 county jail who are awaiting transfer to the institutional division
21-22 following conviction of a felony or revocation of community
21-23 supervision or [probation,] parole[, or release on mandatory
21-24 supervision]; and
21-25 (2) if, before the effective date of this subchapter,
21-26 it was a party to a suit in state court described by Subdivision
21-27 (1), has before the 31st day after the effective date of this
21-28 subchapter:
21-29 (A) had the county's suit vacated and dismissed
21-30 by the court;
21-31 (B) had the county's suit abated by the court,
21-32 by entry of an abatement order that specifically provides that:
21-33 (i) the suit may not be reactivated except
21-34 before September 1, 1997, and except on a finding by the court that
21-35 the state has substantially failed to perform a duty imposed under
21-36 this subchapter;
21-37 (ii) the county is barred from any claim
21-38 for reimbursement for the cost of confining inmates on and after
21-39 the effective date of this subchapter and until September 1, 1995,
21-40 other than reimbursement specified in this subchapter; and
21-41 (iii) if the suit is not reactivated
21-42 before September 1, 1997, the court shall vacate and dismiss the
21-43 suit on that date; or
21-44 (C) had the county's suit settled by written
21-45 agreement.
21-46 SECTION 37. Section 499.152, Government Code, is amended to
21-47 read as follows:
21-48 Sec. 499.152. Eligible Inmates. The institutional division
21-49 may confine an inmate in a transfer facility authorized by this
21-50 subchapter:
21-51 (1) only if paperwork and processing required under
21-52 Section 8(a), Article 42.09, Code of Criminal Procedure, for
21-53 transfer of the inmate to the division has been completed; and
21-54 (2) only during a period in which the inmate would
21-55 otherwise be confined in a county jail awaiting transfer to the
21-56 division following conviction of a felony or revocation of
21-57 community supervision or [probation,] parole[, or release on
21-58 mandatory supervision].
21-59 SECTION 38. Subsections (b) and (c), Section 499.155,
21-60 Government Code, are amended to read as follows:
21-61 (b) If an inmate described by Section 499.152 is confined in
21-62 a transfer facility, is released from or transferred from the
21-63 transfer facility or returned to the convicting county under court
21-64 order, and is convicted of a subsequent offense, is returned from
21-65 the convicting county, or is the subject of a revocation of parole
21-66 [or mandatory supervision], the institutional division shall not
21-67 calculate the previous period of confinement in determining the
21-68 maximum period the defendant may be confined in a transfer facility
21-69 following conviction of the subsequent offense, return from the
22-1 convicting county, or revocation.
22-2 (c) If an inmate is discharged or released on parole [or
22-3 mandatory supervision] from a transfer facility, the inmate is
22-4 entitled to receive release or discharge money from the
22-5 institutional division in the same amount as an inmate is entitled
22-6 to receive on release or discharge from any other facility of the
22-7 institutional division under Section 501.015.
22-8 SECTION 39. Subsections (a) and (b), Section 501.015,
22-9 Government Code, are amended to read as follows:
22-10 (a) When an inmate is discharged or is released on parole[,
22-11 mandatory supervision,] or conditional pardon, the institutional
22-12 division shall provide the inmate with:
22-13 (1) suitable civilian clothing;
22-14 (2) money held in the inmate's trust account by the
22-15 director; and
22-16 (3) cash, in an amount and in the manner described by
22-17 Subsection (b).
22-18 (b) When an inmate is released on parole[, mandatory
22-19 supervision,] or conditional pardon, the inmate is entitled to
22-20 receive $100 from the department and transportation at the expense
22-21 of the department to the location at which the inmate is required
22-22 to report to a parole officer by the pardons and paroles division.
22-23 The inmate shall receive $50 on his release from the institution
22-24 and $50 on initially reporting to a parole officer at the location
22-25 at which the inmate is required to report to a parole officer. If
22-26 an inmate is released and is not required by the pardons and
22-27 paroles division to report to a parole officer or is authorized by
22-28 the pardons and paroles division to report to a location outside
22-29 this state, the department shall provide the inmate with $100 and,
22-30 at the expense of the department, transportation to:
22-31 (1) the location of the inmate's residence, if the
22-32 residence is in this state; or
22-33 (2) a transit point determined appropriate by the
22-34 department, if the inmate's residence is outside this state or the
22-35 inmate is required by the pardons and paroles division to report to
22-36 a location outside this state.
22-37 SECTION 40. Subsection (a), Section 501.016, Government
22-38 Code, is amended to read as follows:
22-39 (a) The department shall prepare and provide an inmate with
22-40 the inmate's discharge or release papers when the inmate is
22-41 entitled to be discharged or to be released on parole[, mandatory
22-42 supervision,] or conditional pardon. The papers must be dated and
22-43 signed by the officer preparing the papers and bear the seal of the
22-44 department. The papers must contain:
22-45 (1) the inmate's name;
22-46 (2) a statement of the offense or offenses for which
22-47 the inmate was sentenced;
22-48 (3) the date on which the defendant was sentenced and
22-49 the length of the sentence;
22-50 (4) the name of the county in which the inmate was
22-51 sentenced;
22-52 (5) the amount of calendar time the inmate actually
22-53 served;
22-54 (6) a statement of any trade learned by the inmate and
22-55 the inmate's proficiency at that trade; and
22-56 (7) the physical description of the inmate, as far as
22-57 practicable.
22-58 SECTION 41. Subsection (g), Section 501.054, Government
22-59 Code, is amended to read as follows:
22-60 (g) The department shall maintain the confidentiality of
22-61 test results of an inmate indicating HIV infection after the
22-62 inmate's discharge, release from a state jail, or release on parole
22-63 [or mandatory supervision] and may not honor the request of an
22-64 agency of the state or any person who requests a test result as a
22-65 condition of housing or supervising the inmate while the inmate is
22-66 on community supervision or parole [or mandatory supervision],
22-67 unless honoring the request would improve the ability of the inmate
22-68 to obtain essential health and social services.
22-69 SECTION 42. Subsection (d), Section 501.0931, Government
23-1 Code, is amended to read as follows:
23-2 (d) The institutional division shall separate inmates
23-3 participating in the program from the general population of the
23-4 division and house the inmates in discrete units or areas within
23-5 units, except during the diagnostic process or at other times
23-6 determined to be necessary by the division for medical or security
23-7 purposes. The institutional division shall separate an inmate who
23-8 successfully completes the program from the general population of
23-9 the division during any period after completion and before the
23-10 inmate is discharged or released on parole [or mandatory
23-11 supervision] from the department.
23-12 SECTION 43. Subsection (a), Section 511.0101, Government
23-13 Code, is amended to read as follows:
23-14 (a) Each county shall submit to the commission on or before
23-15 the fifth day of each month a report containing the following
23-16 information:
23-17 (1) the number of prisoners confined in the county
23-18 jail on the first day of the month, classified on the basis of the
23-19 following categories:
23-20 (A) total prisoners;
23-21 (B) pretrial Class C misdemeanor offenders;
23-22 (C) pretrial Class A and B misdemeanor
23-23 offenders;
23-24 (D) convicted misdemeanor offenders;
23-25 (E) felony offenders whose penalty has been
23-26 reduced to a misdemeanor;
23-27 (F) pretrial felony offenders;
23-28 (G) convicted felony offenders;
23-29 (H) prisoners detained on bench warrants;
23-30 (I) prisoners detained for parole violations;
23-31 (J) prisoners detained for federal officers;
23-32 (K) prisoners awaiting transfer to the
23-33 institutional division of the Texas Department of Criminal Justice
23-34 following conviction of a felony or revocation of community
23-35 supervision or [probation,] parole[, or release on mandatory
23-36 supervision] and for whom paperwork and processing required for
23-37 transfer have been completed;
23-38 (L) prisoners detained after having been
23-39 transferred from another jail and for whom the commission has made
23-40 a payment under Subchapter F, Chapter 499, Government Code; and
23-41 (M) other prisoners;
23-42 (2) the total capacity of the county jail on the first
23-43 day of the month; and
23-44 (3) certification by the reporting official that the
23-45 information in the report is accurate.
23-46 SECTION 44. Subsections (a) and (b), Section 575.016, Health
23-47 and Safety Code, are amended to read as follows:
23-48 (a) The institutional division of the Texas Department of
23-49 Criminal Justice shall transfer a patient committed to an
23-50 institutional division inpatient mental health facility under
23-51 Section 574.044 to a noncorrectional mental health facility on the
23-52 day the inmate is released on parole [or mandatory supervision].
23-53 (b) A patient transferred to a department mental health
23-54 facility shall be transferred as prescribed by Section 575.011 or
23-55 575.012 to the facility that serves the location to which the
23-56 patient is released on parole [or mandatory supervision].
23-57 SECTION 45. Subsection (a), Section 46.04, Penal Code, is
23-58 amended to read as follows:
23-59 (a) A person who has been convicted of a felony commits an
23-60 offense if he possesses a firearm:
23-61 (1) after conviction and before the fifth anniversary
23-62 of the person's release from confinement following conviction of
23-63 the felony or the person's release from supervision under community
23-64 supervision or[,] parole[, or mandatory supervision], whichever
23-65 date is later; or
23-66 (2) after the period described by Subdivision (1), at
23-67 any location other than the premises at which the person lives.
23-68 SECTION 46. Subsection (a), Section 46.06, Penal Code, is
23-69 amended to read as follows:
24-1 (a) A person commits an offense if the person:
24-2 (1) sells, rents, leases, loans, or gives a handgun to
24-3 any person knowing that the person to whom the handgun is to be
24-4 delivered intends to use it unlawfully or in the commission of an
24-5 unlawful act;
24-6 (2) intentionally or knowingly sells, rents, leases,
24-7 or gives or offers to sell, rent, lease, or give to any child
24-8 younger than 18 years any firearm, club, or illegal knife;
24-9 (3) intentionally, knowingly, or recklessly sells a
24-10 firearm or ammunition for a firearm to any person who is
24-11 intoxicated;
24-12 (4) knowingly sells a firearm or ammunition for a
24-13 firearm to any person who has been convicted of a felony before the
24-14 fifth anniversary of the later of the following dates:
24-15 (A) the person's release from confinement
24-16 following conviction of the felony; or
24-17 (B) the person's release from supervision under
24-18 community supervision or[,] parole[, or mandatory supervision]
24-19 following conviction of the felony; or
24-20 (5) sells, rents, leases, loans, or gives a handgun to
24-21 any person knowing that an active protective order is directed to
24-22 the person to whom the handgun is to be delivered.
24-23 SECTION 47. Subsections (c), (l), and (q), Section 13, Bingo
24-24 Enabling Act (Article 179d, Vernon's Texas Civil Statutes), are
24-25 amended to read as follows:
24-26 (c) The commission shall issue to an applicant a license for
24-27 the conduct of bingo, or a license renewal, on payment of a license
24-28 fee in accordance with Subdivision (1) of Subsection (d) of this
24-29 section, if the commission determines that:
24-30 (1) the member or members of the applicant designated
24-31 in the application to conduct bingo are active members of the
24-32 applicant;
24-33 (2) no person under whose name the game or games of
24-34 bingo will be conducted, and no person who will work at the
24-35 proposed bingo games, has been convicted of a felony, gambling
24-36 offense, criminal fraud, or a crime of moral turpitude for which
24-37 less than 10 years have elapsed since termination of any sentence,
24-38 parole, [mandatory supervision,] or community supervision
24-39 [probation] served for the offense;
24-40 (3) the games are to be conducted in accordance with
24-41 this Act;
24-42 (4) the proceeds of the games are to be disposed of as
24-43 provided by this Act;
24-44 (5) the applicant has made and can demonstrate
24-45 significant progress toward the accomplishment of the purposes of
24-46 the organization during the 12-month period preceding the date of
24-47 application for a license or license renewal; and
24-48 (6) all persons who will conduct, promote, or
24-49 administer the proposed bingo games are active, bona fide members
24-50 of the applicant organization and all other persons who will assist
24-51 in conducting, promoting, or administering the proposed bingo games
24-52 are persons authorized to do so by Section 19 of this Act.
24-53 (l) The commission may not issue a license to an authorized
24-54 organization to conduct bingo if an officer of the organization has
24-55 been convicted of a felony, criminal fraud, gambling or
24-56 gambling-related offense, or crime of moral turpitude, if less than
24-57 10 years have elapsed since the termination of any sentence,
24-58 parole, [mandatory supervision,] or community supervision
24-59 [probation] served for the offense.
24-60 (q) The following persons are not eligible for a commercial
24-61 license to lease bingo premises to a licensed authorized
24-62 organization:
24-63 (1) a person convicted of a felony, criminal fraud,
24-64 gambling or gambling-related offense, or crime of moral turpitude,
24-65 if less than 10 years have elapsed since the termination of any
24-66 sentence, parole, [mandatory supervision,] or community supervision
24-67 [probation] served for the offense;
24-68 (2) a public officer who receives any consideration,
24-69 direct or indirect, as owner or lessor of premises offered for the
25-1 purpose of conducting bingo;
25-2 (3) a person who extends credit to, loans money to, or
25-3 pays or provides for the payment of license fees for an authorized
25-4 organization;
25-5 (4) a distributor or manufacturer; or
25-6 (5) a person, firm, or corporation in which a person
25-7 covered by Subdivision (1), (2), (3), or (4) of this subsection or
25-8 a person married or related in the first degree by consanguinity or
25-9 affinity, as determined under Subchapter B, Chapter 573, Government
25-10 Code [Article 5996h, Revised Statutes], to one of those persons has
25-11 greater than a 10 percent proprietary, equitable, or credit
25-12 interest or in which one of those persons is active or employed.
25-13 SECTION 48. Subsection (c), Section 13a, Bingo Enabling Act
25-14 (Article 179d, Vernon's Texas Civil Statutes), is amended to read
25-15 as follows:
25-16 (c) The following persons are not eligible for a license
25-17 issued under this section:
25-18 (1) a person convicted of a felony, criminal fraud,
25-19 gambling or gambling-related offense, or a crime of moral
25-20 turpitude, if less than 10 years have elapsed since the termination
25-21 of any sentence, parole, [mandatory supervision,] or community
25-22 supervision [probation] served for the offense;
25-23 (2) a person who is or has been a professional gambler
25-24 or gambling promoter;
25-25 (3) an elected or appointed public officer or public
25-26 employee;
25-27 (4) an owner, officer, director, shareholder, agent,
25-28 or employee of a commercial lessor licensed under this Act;
25-29 (5) a person who conducts, promotes, or administers,
25-30 or assists in conducting, promoting, or administering bingo games
25-31 for which a license is required by this Act;
25-32 (6) a distributor required to be licensed under this
25-33 Act;
25-34 (7) a person who has had a license to manufacture,
25-35 distribute, or supply bingo equipment, devices, or supplies revoked
25-36 within the preceding year by any other state;
25-37 (8) an owner, officer, director, or shareholder of, or
25-38 holder of an equitable or credit interest in, another manufacturer
25-39 or distributor licensed or required to be licensed under this Act;
25-40 or
25-41 (9) a person, firm, or corporation:
25-42 (A) in which a person described by Subdivision
25-43 (1), (2), (3), (4), (5), (6), (7), or (8) of this subsection or in
25-44 which a person married or related in the first degree by
25-45 consanguinity or affinity to one of those persons has greater than
25-46 a 10 percent proprietary, equitable, or credit interest or in which
25-47 one of those persons is active or employed; or
25-48 (B) in whose application a person described by
25-49 Subdivision (1), (2), (3), (4), (5), (6), (7), or (8) of this
25-50 subsection is required to be named.
25-51 SECTION 49. Subsection (c), Section 13b, Bingo Enabling Act
25-52 (Article 179d, Vernon's Texas Civil Statutes), is amended to read
25-53 as follows:
25-54 (c) The following persons are not eligible for a license
25-55 under this section:
25-56 (1) a person convicted of a felony, criminal fraud,
25-57 gambling or gambling-related offense, or crime of moral turpitude,
25-58 if less than 10 years have elapsed since the termination of any
25-59 sentence, parole, [mandatory supervision,] or community supervision
25-60 [probation] served for the offense;
25-61 (2) a person who is or has been a professional gambler
25-62 or gambling promoter;
25-63 (3) an elected or appointed public officer or a public
25-64 employee;
25-65 (4) an owner, officer, director, shareholder, agent,
25-66 or employee of a commercial lessor licensed under this Act;
25-67 (5) a person who conducts, promotes, or administers,
25-68 or assists in conducting, promoting, or administering bingo games
25-69 for which a license is required by this Act;
26-1 (6) a manufacturer required to be licensed under this
26-2 Act;
26-3 (7) a person whose license to manufacture, distribute,
26-4 or supply bingo equipment, devices, or supplies has been revoked
26-5 within the past year by any other state;
26-6 (8) an owner, officer, director, shareholder, or
26-7 person having an equitable or credit interest in another
26-8 manufacturer or distributor licensed or required to be licensed
26-9 under this Act; or
26-10 (9) a person, firm, or corporation:
26-11 (A) in which a person described by Subdivision
26-12 (1), (2), (3), (4), (5), (6), (7), or (8) of this subsection or in
26-13 which a person married or related in the first degree by
26-14 consanguinity or affinity, as determined under Subchapter B,
26-15 Chapter 573, Government Code [Article 5996h, Revised Statutes], to
26-16 one of those persons has greater than a 10 percent proprietary,
26-17 equitable, or credit interest or in which one of those persons is
26-18 active or employed; or
26-19 (B) in whose application a person described by
26-20 Subdivision (1), (2), (3), (4), (5), (6), (7), or (8) of this
26-21 subsection is required to be named.
26-22 SECTION 50. Subsection (a), Section 3, Private Investigators
26-23 and Private Security Agencies Act (Article 4413(29bb), Vernon's
26-24 Texas Civil Statutes), is amended to read as follows:
26-25 (a) This Act does not apply to:
26-26 (1) a person employed exclusively and regularly by one
26-27 employer in connection with the affairs of an employer only and
26-28 where there exists an employer-employee relationship; provided,
26-29 however, any person who shall carry a firearm in the course of his
26-30 employment shall be required to obtain a private security officer
26-31 commission under the provisions of this Act;
26-32 (2) except as provided by Subsection (d) of this
26-33 Section, an officer or employee of the United States of America, or
26-34 of this State or political subdivision of either, while the
26-35 employee or officer is engaged in the performance of official
26-36 duties;
26-37 (3) a person who has full-time employment as a peace
26-38 officer, who receives compensation for private employment on an
26-39 individual or an independent contractor basis as a patrolman,
26-40 guard, or watchman if the officer:
26-41 (A) is employed in an employee-employer
26-42 relationship or employed on an individual contractual basis;
26-43 (B) is not in the employ of another peace
26-44 officer;
26-45 (C) is not a reserve peace officer; and
26-46 (D) works as a peace officer on the average of
26-47 at least 32 hours a week, is compensated by the state or a
26-48 political subdivision of the state at the rate of the minimum wage
26-49 or higher, and is entitled to all employee benefits offered to a
26-50 peace officer by the state or political subdivision;
26-51 (4) a person engaged exclusively in the business of
26-52 obtaining and furnishing information for purposes of credit
26-53 worthiness or collecting debts or ascertaining the financial
26-54 responsibility of applicants for property insurance and for
26-55 indemnity or surety bonds, with respect to persons, firms, and
26-56 corporations;
26-57 (5) an attorney-at-law in performing his duties;
26-58 (6) admitted insurers, insurance adjusters, agents,
26-59 and insurance brokers licensed by the State, performing duties in
26-60 connection with insurance transacted by them;
26-61 (7) a person who engages exclusively in the business
26-62 of repossessing property that is secured by a mortgage or other
26-63 security interest;
26-64 (8) a locksmith who does not install or service
26-65 detection devices, does not conduct investigations, and is not a
26-66 security service contractor;
26-67 (9) a person who owns and installs burglar detection
26-68 or alarm devices on his own property or, if he does not charge for
26-69 the device or its installation, installs it for the protection of
27-1 his personal property located on another's property, and does not
27-2 install the devices as a normal business practice on the property
27-3 of another;
27-4 (10) an employee of a cattle association who is
27-5 engaged in inspection of brands of livestock under the authority
27-6 granted to that cattle association by the Packers and Stockyards
27-7 Division of the United States Department of Agriculture;
27-8 (11) the provisions of this Act shall not apply to
27-9 common carriers by rail engaged in interstate commerce and
27-10 regulated by state and federal authorities and transporting
27-11 commodities essential to the national defense and to the general
27-12 welfare and safety of the community;
27-13 (12) a registered professional engineer practicing in
27-14 accordance with the provisions of the Texas Engineering Practice
27-15 Act that does not install or service detection devices, does not
27-16 conduct nonengineering investigations, is performing forensic
27-17 engineering studies, and is not a security services contractor;
27-18 (13) a person whose sale of burglar alarm signal
27-19 devices, burglary alarms, television cameras, still cameras, or
27-20 other electrical, mechanical, or electronic devices used for
27-21 preventing or detecting burglary, theft, shoplifting, pilferage, or
27-22 other losses is exclusively over-the-counter or by mail order;
27-23 (14) a person who holds a license or other form of
27-24 permission issued by an incorporated city or town to practice as an
27-25 electrician and who installs fire or smoke detectors in no building
27-26 other than a single family or multifamily residence;
27-27 (15) a person or organization in the business of
27-28 building construction that installs electrical wiring and devices
27-29 that may include in part the installation of a burglar alarm or
27-30 detection device if:
27-31 (A) the person or organization is a party to a
27-32 contract that provides that the installation will be performed
27-33 under the direct supervision of and inspected and certified by a
27-34 person or organization licensed to install and certify such an
27-35 alarm or detection device and that the licensee assumes full
27-36 responsibility for the installation of the alarm or detection
27-37 device; and
27-38 (B) the person or organization does not service
27-39 or maintain burglar alarms or detection devices;
27-40 (16) a reserve peace officer while the reserve officer
27-41 is performing guard, patrolman, or watchman duties for a county and
27-42 is being compensated solely by that county;
27-43 (17) response to a burglar alarm or detection device
27-44 by a law enforcement agency or by a law enforcement officer acting
27-45 in an official capacity;
27-46 (18) a person who, by education, experience, or
27-47 background has specialized expertise or knowledge such as that
27-48 which would qualify or tend to qualify such person as an expert
27-49 witness, authorized to render opinions in proceedings conducted in
27-50 a court, administrative agency, or governing body of this state or
27-51 of the United States, in accordance with applicable rules and
27-52 regulations and who does not perform any other service for which a
27-53 license is required by provisions of this Act;
27-54 (19) an officer, employee, or agent of a common
27-55 carrier, as defined by Section 153(h), Communications Act of 1934
27-56 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
27-57 user of the carrier's long-distance services from a fraudulent,
27-58 unlawful, or abusive use of those long-distance services;
27-59 (20) a person who sells or installs automobile burglar
27-60 alarm devices and that does not perform any other act that requires
27-61 a license under this Act;
27-62 (21) a manufacturer, or a manufacturer's authorized
27-63 distributor, who sells to the holder of a license under this Act
27-64 equipment used in the operations for which the holder is required
27-65 to be licensed;
27-66 (22) a person employed as a noncommissioned security
27-67 officer by a political subdivision of this state;
27-68 (23) a person whose activities are regulated under
27-69 Article 5.43-2, Insurance Code, except to the extent that those
28-1 activities are specifically regulated under this Act;
28-2 (24) a landman performing activities in the course and
28-3 scope of the landman's business;
28-4 (25) a hospital or a wholly owned subsidiary or
28-5 affiliate of a hospital that provides medical alert services for
28-6 persons who are sick or disabled, if the hospital, subsidiary, or
28-7 affiliate is licensed under Chapter 241, Health and Safety Code,
28-8 and the hospital does not perform any other service that requires a
28-9 license under this Act;
28-10 (26) a charitable, nonprofit organization that
28-11 provides medical alert services for persons who are sick or
28-12 disabled, if the organization:
28-13 (A) is exempt from taxation under Section
28-14 501(c)(3), Internal Revenue Code of 1986;
28-15 (B) has its monitoring services provided by a
28-16 licensed person or hospital or a wholly owned subsidiary or
28-17 affiliate of a hospital licensed under Chapter 241, Health and
28-18 Safety Code; and
28-19 (C) does not perform any other service that
28-20 requires a license under this Act;
28-21 (27) a person engaged in the business of electronic
28-22 monitoring of a person as a condition of that person's community
28-23 supervision [probation], parole, [mandatory supervision,] or
28-24 release on bail, if the person does not perform any other service
28-25 that requires a license under this Act;
28-26 (28) a nonprofit business or civic organization that:
28-27 (A) employs one or more peace officers meeting
28-28 the qualifications of Subdivision (3) of this subsection as
28-29 patrolmen, guards, or watchmen;
28-30 (B) provides the services of these peace
28-31 officers only to:
28-32 (i) its members; or
28-33 (ii) if the organization does not have
28-34 members, the members of the communities served by the organization
28-35 as described in its articles of incorporation or other
28-36 organizational documents;
28-37 (C) devotes the net receipts from all charges
28-38 for the services exclusively to the cost of providing the services
28-39 or to the costs of other services for the enhancement of the
28-40 security or safety of:
28-41 (i) its members; or
28-42 (ii) if the organization does not have
28-43 members, the members of the communities served by the organization
28-44 as described in its articles of incorporation or other
28-45 organizational documents; and
28-46 (D) does not perform any other service that
28-47 requires a license under this Act;
28-48 (29) a charitable, nonprofit organization that
28-49 maintains a system of records to aid in the location of missing
28-50 children if the organization:
28-51 (A) is exempt from federal taxation under
28-52 Section 501(c)(3), Internal Revenue Code of 1986[, and its
28-53 subsequent amendments];
28-54 (B) exclusively provides services related to
28-55 locating missing children; and
28-56 (C) does not perform any other service that
28-57 requires a license under this Act; or
28-58 (30) a person engaged in the business of psychological
28-59 testing or other testing and interviewing services (to include but
28-60 not limited to attitudes, honesty, intelligence, personality, and
28-61 skills) for preemployment purposes, if the person does not perform
28-62 any other service that requires a license under this Act.
28-63 SECTION 51. Subsection (e), Section 4, Article 6252-13c,
28-64 Revised Statutes, is amended to read as follows:
28-65 (e) Upon a licensee's felony conviction, felony community
28-66 supervision [probation] revocation, or revocation of parole[, or
28-67 revocation of mandatory supervision], his license shall be revoked.
28-68 SECTION 52. Subdivision (4), Section 1, Article 6252-13c.1,
28-69 Revised Statutes, is amended to read as follows:
29-1 (4) "Released" means discharged or[,] paroled[, or
29-2 placed on mandatory supervision].
29-3 SECTION 53. Subsection (e), Section 2, Article 6252-13c.1,
29-4 Revised Statutes, is amended to read as follows:
29-5 (e) If a person subject to registration under this article
29-6 does not move to an intended residence by the end of the seventh
29-7 day after the date on which the person is released on community
29-8 supervision or[,] parole[, or mandatory supervision] or the date on
29-9 which the person leaves a previous residence, the person shall:
29-10 (1) report to the community supervision and
29-11 corrections department officer or the parole officer supervising
29-12 the person by not later than the seventh day after the date on
29-13 which the person is released or the date on which the person leaves
29-14 a previous residence, as applicable, and provide the officer with
29-15 the address of the person's temporary residence; and
29-16 (2) continue to report to the person's supervising
29-17 officer not less than weekly during any period of time in which the
29-18 person has not moved to an intended residence and provide the
29-19 officer with the address of the person's temporary residence.
29-20 SECTION 54. Subsection (a), Section 3, Article 6252-13c.1,
29-21 Revised Statutes, is amended to read as follows:
29-22 (a) Before a person who will be subject to registration
29-23 under this article is due to be released from a penal institution,
29-24 an official of the penal institution shall:
29-25 (1) inform the person that:
29-26 (A) not later than the seventh day after the
29-27 date on which the person is released on community supervision or[,]
29-28 parole[, or mandatory supervision] or the date on which the person
29-29 moves from a previous residence to a new residence in this state,
29-30 the person must:
29-31 (i) register or verify registration with
29-32 the local law enforcement authority in the municipality or county
29-33 in which the person intends to reside; or
29-34 (ii) if the person has not moved to an
29-35 intended residence, report to the community supervision and
29-36 corrections department officer or the parole officer supervising
29-37 the person;
29-38 (B) not later than the seventh day before the
29-39 date on which the person moves to a new residence in this state or
29-40 another state, the person must report in person to the local law
29-41 enforcement authority with whom the person last registered and to
29-42 the community supervision and corrections department officer or the
29-43 parole officer supervising the person; and
29-44 (C) not later than the 10th day after the date
29-45 on which the person arrives in another state in which the person
29-46 intends to reside, the person must register with the law
29-47 enforcement agency that is identified by the department as the
29-48 agency designated by that state to receive registration
29-49 information, if the other state has a registration requirement for
29-50 sex offenders;
29-51 (2) require the person to sign a written statement
29-52 that the person was informed of the person's duties as described by
29-53 Subdivision (1) of this subsection or, if the person refuses to
29-54 sign the statement, certify that the person was so informed;
29-55 (3) obtain the address where the person expects to
29-56 reside on the person's release and other registration information,
29-57 including a photograph and complete set of fingerprints; and
29-58 (4) complete the registration form for the person.
29-59 SECTION 55. (a) The change in law made by this Act applies
29-60 only to an inmate who on or after the effective date of this Act is
29-61 imprisoned while serving a sentence for an offense, regardless of
29-62 whether the offense is committed before, on, or after the effective
29-63 date of this Act.
29-64 (b) An inmate who is released from imprisonment before the
29-65 effective date of this Act is covered by the law in effect
29-66 immediately before the effective date of this Act, and the former
29-67 law is continued in effect for this purpose.
29-68 SECTION 56. This Act takes effect September 1, 1997.
29-69 SECTION 57. The importance of this legislation and the
30-1 crowded condition of the calendars in both houses create an
30-2 emergency and an imperative public necessity that the
30-3 constitutional rule requiring bills to be read on three several
30-4 days in each house be suspended, and this rule is hereby suspended.
30-5 * * * * *