By: Whitmire S.B. No. 663
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the authority of a judge to place a defendant convicted
1-2 of a state jail felony on community supervision, to the supervision
1-3 of those defendants, and to the facilities in which those
1-4 defendants may be confined.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsections (a), (d), (e), and (g), Section 15,
1-7 Article 42.12, Code of Criminal Procedure, are amended to read as
1-8 follows:
1-9 (a) On conviction of a state jail felony punished under
1-10 Section 12.35(a), Penal Code, the judge [shall suspend the
1-11 imposition of the sentence of confinement and place the defendant
1-12 on community supervision, unless the defendant has been previously
1-13 convicted of a felony, in which event the judge] may suspend the
1-14 imposition of the sentence and place the defendant on community
1-15 supervision or may order the sentence to be executed. The judge
1-16 may suspend in whole or in part the imposition of any fine imposed
1-17 on conviction.
1-18 (d) A judge may impose as a condition of community
1-19 supervision that a defendant submit at any time during [the
1-20 beginning of] the period of community supervision to a term of
1-21 confinement in a state jail felony facility for a term of not less
1-22 than 90 days or more than 180 days, or a term of not less than 90
1-23 days or more than one year if the defendant is convicted of an
2-1 offense punishable as a state jail felony under Section 481.112,
2-2 481.113, or 481.120, Health and Safety Code. A judge in the same
2-3 order may not require a defendant to submit to both the term of
2-4 confinement authorized by this subsection and a term of confinement
2-5 under Section 5 or 12 of this article. [For the purposes of this
2-6 subsection, a defendant previously has been convicted of a felony
2-7 regardless of whether the sentence for the previous conviction was
2-8 actually imposed or was probated and suspended.]
2-9 (e) If a defendant violates a condition of community
2-10 supervision imposed on the defendant under this article and after a
2-11 hearing under Section 21 of this article the judge modifies the
2-12 defendant's community supervision, the judge may impose any
2-13 sanction permitted by Section 22 of this article[, except that the
2-14 judge may not require a defendant to serve a period of confinement
2-15 in a state jail felony facility as a modification of the
2-16 defendant's community supervision].
2-17 (g) The facility director of a state jail felony facility
2-18 shall report to a judge who orders a defendant confined in the
2-19 facility as a condition of community supervision not less than
2-20 every 90 days on the defendant's programmatic progress, conduct,
2-21 and conformity to the rules of the facility.
2-22 SECTION 2. Subdivision (2), Subsection (f), Section 15,
2-23 Article 42.12, Code of Criminal Procedure, is amended to read as
2-24 follows:
2-25 (2) The court retains jurisdiction over the defendant
3-1 for the period during which the defendant is confined in [until the
3-2 first anniversary of the date the defendant is received into the
3-3 custody of] a state jail. At any time after the 75th day after the
3-4 date the defendant is received into the custody of a state jail,
3-5 the judge on the judge's own motion, on the motion of the attorney
3-6 representing the state, or on the motion of the defendant may
3-7 suspend further execution of the sentence and place the defendant
3-8 on community supervision under the conditions of this section.
3-9 SECTION 3. Subdivisions (1) and (2), Subsection (h), Section
3-10 15, Article 42.12, Code of Criminal Procedure, are amended to read
3-11 as follows:
3-12 (1) A defendant confined in a state jail felony
3-13 facility [after revocation of community supervision] does not earn
3-14 good conduct time for time served in the facility.
3-15 (2) A judge may credit against any time a defendant is
3-16 [subsequently] required to serve in a state jail felony facility
3-17 [after revocation of community supervision] time served by the
3-18 defendant in county jail from the time of the defendant's arrest
3-19 and confinement until sentencing by the trial court.
3-20 SECTION 4. Section 507.006, Government Code, is amended to
3-21 read as follows:
3-22 Sec. 507.006. USE OF FACILITY FOR OTHER [TRANSFER] INMATES.
3-23 (a) Notwithstanding any other provision of this subchapter, the
3-24 state jail division, with the approval of the board, may designate
3-25 one or more state jail felony facilities or discrete areas within
4-1 one or more state jail felony facilities to house inmates who are
4-2 eligible for confinement in a substance abuse felony punishment
4-3 facility under Section 493.009 or in a transfer facility under
4-4 Section 499.152, but only if the designation does not deny
4-5 placement in a state jail felony facility of defendants required to
4-6 serve terms of confinement in a facility following conviction of
4-7 state jail felonies. The division may not house in a state jail
4-8 felony facility an inmate who:
4-9 (1) has a history of or has shown a pattern of violent
4-10 or assaultive behavior in county jail or a facility operated by the
4-11 department; or
4-12 (2) will increase the likelihood of harm to the public
4-13 if housed in the facility.
4-14 (b) Sections 499.154 and 499.155 apply to an inmate eligible
4-15 for confinement in a transfer facility under Section 499.152 who is
4-16 nonetheless confined in a state jail felony facility in the same
4-17 manner as if the inmate were confined in a transfer facility.
4-18 SECTION 5. (a) The changes in law made by this Act to
4-19 Subsections (a), (f)(2), and (h)(1), Section 15, Article 42.12,
4-20 Code of Criminal Procedure, apply only to a defendant convicted of
4-21 an offense committed on or after the effective date of this Act.
4-22 The changes in law made by this Act to Subsections (d), (e), (g),
4-23 and (h)(2), Section 15, Article 42.12, Code of Criminal Procedure,
4-24 apply to a defendant convicted of an offense regardless of whether
4-25 the defendant committed the offense before, on, or after the
5-1 effective date of this Act. For purposes of this section, an
5-2 offense is committed before the effective date of this Act if any
5-3 element of the offense occurs before the effective date.
5-4 (b) For purposes of Subsections (a), (f)(2), and (h)(1),
5-5 Section 15, Article 42.12, Code of Criminal Procedure, as amended
5-6 by this Act, a defendant convicted of an offense committed before
5-7 the effective date of this Act is covered by the law in effect when
5-8 the offense was committed, and the former law is continued in
5-9 effect for that purpose.
5-10 SECTION 6. This Act takes effect September 1, 1997.
5-11 SECTION 7. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.