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.