75R13344 GWK-D                          

         By Whitmire                                            S.B. No. 663

         Substitute the following for S.B. No. 663:

         By Hightower                                       C.S.S.B. No. 663

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the authority of a judge to place a defendant convicted

 1-3     of a state jail felony on community supervision, to the supervision

 1-4     of those defendants, and to the facilities in which those

 1-5     defendants may be confined.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Subsections (a) and (g), Section 15, Article

 1-8     42.12, Code of Criminal Procedure, are amended to read as 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           (g)  The facility director of a state jail felony facility

1-19     shall report to a judge who orders a defendant confined in the

1-20     facility as a condition of community supervision not less than

1-21     every 90 days on the defendant's programmatic progress, conduct,

1-22     and conformity to the rules of the facility.

1-23           SECTION 2.  Subdivision (2), Subsection (f), Section 15,

1-24     Article 42.12, Code of Criminal Procedure, is amended to read as

 2-1     follows:

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

 2-3     for the period during which the defendant is confined in [until the

 2-4     first anniversary of the date the defendant is received into the

 2-5     custody of] a state jail.  At any time after the 75th day after the

 2-6     date the defendant is received into the custody of a state jail,

 2-7     the judge on the judge's own motion, on the motion of the attorney

 2-8     representing the state, or on the motion of the defendant may

 2-9     suspend further execution of the sentence and place the defendant

2-10     on community supervision under the conditions of this section.

2-11           SECTION 3.  Subdivisions (1) and (2), Subsection (h), Section

2-12     15, Article 42.12, Code of Criminal Procedure, are amended to read

2-13     as follows:

2-14                 (1)  A defendant confined in a state jail felony

2-15     facility [after revocation of community supervision] does not earn

2-16     good conduct time for time served in the facility.

2-17                 (2)  A judge may credit against any time a defendant is

2-18     [subsequently] required to serve in a state jail felony facility

2-19     [after revocation of community supervision] time served by the

2-20     defendant in county jail from the time of the defendant's arrest

2-21     and confinement until sentencing by the trial court.

2-22           SECTION 4.  Section 507.006, Government Code, is amended to

2-23     read as follows:

2-24           Sec. 507.006.  USE OF FACILITY FOR OTHER [TRANSFER] INMATES.

2-25     (a)  Notwithstanding any other provision of this subchapter, the

2-26     state jail division, with the approval of the board, may designate

2-27     one or more state jail felony facilities or discrete areas within

 3-1     one or more state jail felony facilities to treat [house] inmates

 3-2     who are eligible for confinement in a substance abuse felony

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

 3-4     are eligible for confinement in a transfer facility under Section

 3-5     499.152, but only if the designation does not deny placement in a

 3-6     state jail felony facility of defendants required to serve terms of

 3-7     confinement in a facility following conviction of state jail

 3-8     felonies.  The division may not house in a state jail felony

 3-9     facility an inmate who:

3-10                 (1)  has a history of or has shown a pattern of violent

3-11     or assaultive behavior in county jail or a facility operated by the

3-12     department; or

3-13                 (2)  will increase the likelihood of harm to the public

3-14     if housed in the facility.

3-15           (b)  Sections 499.154 and 499.155 apply to an inmate eligible

3-16     for confinement in a transfer facility under Section 499.152 who is

3-17     nonetheless confined in a state jail felony facility in the same

3-18     manner as if the inmate were confined in a transfer facility.

3-19           (c)  The responsibility of the department to provide

3-20     substance abuse felony punishment facilities is governed by the

3-21     General Appropriations Act and Section 493.009.  This section does

3-22     not affect the responsibility of the department to provide

3-23     substance abuse felony punishment facilities.

3-24           SECTION 5.  (a)  The changes in law made by this Act to

3-25     Subsections (a), (f)(2), and (h)(1), Section 15, Article 42.12,

3-26     Code of Criminal Procedure, apply only to a defendant convicted of

3-27     an offense committed on or after the effective date of this Act.

 4-1     The changes in law made by this Act to Subsections (g) and (h)(2),

 4-2     Section 15, Article 42.12, Code of Criminal Procedure, apply to a

 4-3     defendant convicted of an offense regardless of whether the

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

 4-5     date of this Act.  For purposes of this section, an offense is

 4-6     committed before the effective date of this Act if any element of

 4-7     the offense occurs before the effective date.

 4-8           (b)  For purposes of Subsections (a), (f)(2), and (h)(1),

 4-9     Section 15, Article 42.12, Code of Criminal Procedure, as amended

4-10     by this Act, a defendant convicted of an offense committed before

4-11     the effective date of this Act is covered by the law in effect when

4-12     the offense was committed, and the former law is continued in

4-13     effect for that purpose.

4-14           SECTION 6.  This Act takes effect September 1, 1997.

4-15           SECTION 7.  The importance of this legislation and the

4-16     crowded condition of the calendars in both houses create an

4-17     emergency and an imperative public necessity that the

4-18     constitutional rule requiring bills to be read on three several

4-19     days in each house be suspended, and this rule is hereby suspended.