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