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     and confinement of those defendants, and to the facilities in which

 1-4     those defendants may be confined.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subsections (a) and (g), Section 15, Article

 1-7     42.12, Code of Criminal Procedure, are amended to read as follows:

 1-8           (a)  On conviction of a state jail felony punished under

 1-9     Section 12.35(a), Penal Code, the judge [shall suspend the

1-10     imposition of the sentence of confinement and place the defendant

1-11     on community supervision, unless the defendant has been previously

1-12     convicted of a felony, in which event the judge] may suspend the

1-13     imposition of the sentence and place the defendant on community

1-14     supervision or may order the sentence to be executed.  The judge

1-15     may suspend in whole or in part the imposition of any fine imposed

1-16     on conviction.

1-17           (g)  The facility director of a state jail felony facility

1-18     shall report to a judge who orders a defendant confined in the

1-19     facility as a condition of community supervision or as sanction

1-20     imposed as a modification of community supervision under Subsection

1-21     (e) not less than every 90 days on the defendant's programmatic

1-22     progress, conduct, and conformity to the rules of the facility.

1-23           SECTION 2.  Subsection (e), Section 15, Article 42.12, Code

 2-1     of Criminal Procedure, is amended to read as follows:

 2-2           (e)  If a defendant violates a condition of community

 2-3     supervision imposed on the defendant under this article and after a

 2-4     hearing under Section 21 of this article the judge modifies the

 2-5     defendant's community supervision, the judge may impose any

 2-6     sanction permitted by Section 22 of this article, except that if

 2-7     the judge requires [may not require] a defendant to serve a period

 2-8     of confinement in a state jail felony facility as a modification of

 2-9     the defendant's community supervision, the minimum term of

2-10     confinement is 90 days and the maximum term of confinement is 180

2-11     days.

2-12           SECTION 3.  Subdivision (2), Subsection (f), Section 15,

2-13     Article 42.12, Code of Criminal Procedure, is amended to read as

2-14     follows:

2-15                 (2)  The court retains jurisdiction over the defendant

2-16     for the period during which the defendant is confined in [until the

2-17     first anniversary of the date the defendant is received into the

2-18     custody of] a state jail.  At any time after the 75th day after the

2-19     date the defendant is received into the custody of a state jail,

2-20     the judge on the judge's own motion, on the motion of the attorney

2-21     representing the state, or on the motion of the defendant may

2-22     suspend further execution of the sentence and place the defendant

2-23     on community supervision under the conditions of this section.

2-24           SECTION 4.  Subdivisions (1) and (2), Subsection (h), Section

2-25     15, Article 42.12, Code of Criminal Procedure, are amended to read

 3-1     as follows:

 3-2                 (1)  A defendant confined in a state jail felony

 3-3     facility [after revocation of community supervision] does not earn

 3-4     good conduct time for time served in the facility.

 3-5                 (2)  A judge may credit against any time a defendant is

 3-6     [subsequently] required to serve in a state jail felony facility

 3-7     [after revocation of community supervision] time served by the

 3-8     defendant in county jail from the time of the defendant's arrest

 3-9     and confinement until sentencing by the trial court.

3-10           SECTION 5.  Section 507.006, Government Code, is amended to

3-11     read as follows:

3-12           Sec. 507.006.  USE OF FACILITY FOR OTHER [TRANSFER] INMATES.

3-13     (a)  Notwithstanding any other provision of this subchapter, the

3-14     state jail division, with the approval of the board, may designate

3-15     one or more state jail felony facilities or discrete areas within

3-16     one or more state jail felony facilities to treat [house] inmates

3-17     who are eligible for confinement in a substance abuse felony

3-18     punishment facility under Section 493.009 or to house inmates who

3-19     are eligible for confinement in a transfer facility under Section

3-20     499.152, but only if the designation does not deny placement in a

3-21     state jail felony facility of defendants required to serve terms of

3-22     confinement in a facility following conviction of state jail

3-23     felonies.  The division may not house in a state jail felony

3-24     facility an inmate who:

3-25                 (1)  has a history of or has shown a pattern of violent

 4-1     or assaultive behavior in county jail or a facility operated by the

 4-2     department; or

 4-3                 (2)  will increase the likelihood of harm to the public

 4-4     if housed in the facility.

 4-5           (b)  Sections 499.154 and 499.155 apply to an inmate eligible

 4-6     for confinement in a transfer facility under Section 499.152 who is

 4-7     nonetheless confined in a state jail felony facility in the same

 4-8     manner as if the inmate were confined in a transfer facility.

 4-9           (c)  The responsibility of the department to provide

4-10     substance abuse felony punishment facilities is governed by the

4-11     General Appropriations Act and Section 493.009.  This section does

4-12     not affect the responsibility of the department to provide

4-13     substance abuse felony punishment facilities.

4-14           SECTION 6.  (a)  The changes in law made by this Act to

4-15     Subsections (a), (e), (f)(2), and (h)(1), Section 15, Article

4-16     42.12, Code of Criminal Procedure, apply only to a defendant

4-17     convicted of an offense committed on or after the effective date of

4-18     this Act.  The changes in law made by this Act to Subsections (g)

4-19     and (h)(2), Section 15, Article 42.12, Code of Criminal Procedure,

4-20     apply to a defendant convicted of an offense regardless of whether

4-21     the defendant committed the offense before, on, or after the

4-22     effective date of this Act.  For purposes of this section, an

4-23     offense is committed before the effective date of this Act if any

4-24     element of the offense occurs before the effective date.

4-25           (b)  For purposes of Subsections (a), (e), (f)(2), and

 5-1     (h)(1), Section 15, Article 42.12, Code of Criminal Procedure, as

 5-2     amended by this Act, a defendant convicted of an offense committed

 5-3     before the effective date of this Act is covered by the law in

 5-4     effect when the offense was committed, and the former law is

 5-5     continued in effect for that purpose.

 5-6           SECTION 7.  This Act takes effect September 1, 1997.

 5-7           SECTION 8.  The importance of this legislation and the

 5-8     crowded condition of the calendars in both houses create an

 5-9     emergency and an imperative public necessity that the

5-10     constitutional rule requiring bills to be read on three several

5-11     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 663 passed the Senate on

         April 8, 1997, by a viva-voce vote; and that the Senate concurred

         in House amendments on May 17, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 663 passed the House, with

         amendments, on May 15, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor