By West S.B. No. 1238
75R8327 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of and withdrawal of a warrant for the
1-3 return to confinement of certain inmates released to the
1-4 supervision of the pardons and paroles division of the Texas
1-5 Department of Criminal Justice.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 13(a), Article 42.18, Code of Criminal
1-8 Procedure, is amended to read as follows:
1-9 (a) A warrant for the return of a paroled prisoner, a
1-10 prisoner released to mandatory supervision, a prisoner released
1-11 although not eligible for release, a resident released to a
1-12 preparole or work program, a prisoner released on emergency
1-13 reprieve or on furlough, or a person released on a conditional
1-14 pardon to the institution from which the person was paroled,
1-15 released, or pardoned may be issued by the director or a designated
1-16 agent of the director in cases of parole or mandatory supervision,
1-17 or by the board on order by the governor in other cases, if there
1-18 is reason to believe that the person has been released although not
1-19 eligible for release, if the person has been arrested for an
1-20 offense, if there is a document that is self-authenticating as
1-21 provided by Rule 902, Texas Rules of Criminal Evidence [verified
1-22 complaint] stating that the person violated a rule or condition of
1-23 release, or if there is reliable evidence that the person has
1-24 exhibited behavior during the person's release that indicates to a
2-1 reasonable person that the person poses a danger to society that
2-2 warrants the person's immediate return to custody. The person may
2-3 be held in custody pending a determination of all facts surrounding
2-4 the alleged offense, violation of a rule or condition of release,
2-5 or dangerous behavior. A designated agent of the director acts
2-6 independently from a parole officer and must receive specialized
2-7 training as determined by the director. Such warrant shall
2-8 authorize all officers named therein to take actual custody of the
2-9 prisoner and detain and house the prisoner until a parole panel
2-10 orders the return of the prisoner to the institution from which he
2-11 was released. Pending hearing, as hereinafter provided, upon any
2-12 charge of parole violation, ineligible release, or violation of the
2-13 conditions of mandatory supervision, a prisoner returned to custody
2-14 shall remain incarcerated. If the director, a board member, or a
2-15 designated agent of the director or the board is otherwise
2-16 authorized to issue a warrant under this subsection, the division
2-17 may instead issue to a prisoner a summons requiring the prisoner to
2-18 appear for a hearing under Section 14 of this article. The summons
2-19 must state the time, place, date, and purpose of the hearing.
2-20 SECTION 2. Section 14, Article 42.18, Code of Criminal
2-21 Procedure, is amended by amending Subsection (c) and by adding
2-22 Subsection (d) to read as follows:
2-23 (c) The requirement in Subsection (a) that a warrant be
2-24 withdrawn does not apply if the person:
2-25 (1) has been removed from the custody of a county
2-26 sheriff by the department and placed in a community residential
2-27 facility;
3-1 (2) is in custody in another state or in a federal
3-2 correctional facility;
3-3 (3) is granted a continuance, not to exceed the 181st
3-4 day after the arrest, or the attorney representing the person or
3-5 the attorney representing the state is granted a continuance, not
3-6 to exceed the 181st day after the arrest; [or]
3-7 (4) is subject to pending criminal charges that have
3-8 not been adjudicated; or
3-9 (5) is extradited to this state from another state.
3-10 (d) A parole panel or designee of the board shall hold a
3-11 hearing for a person described by Subsection (c) within a
3-12 reasonable time after the time on which, as appropriate:
3-13 (1) the person is placed in a community residential
3-14 facility or is extradited or otherwise returned from the custody of
3-15 another state or the federal government;
3-16 (2) there is a disposition of the pending criminal
3-17 charges; or
3-18 (3) any continuance has expired.
3-19 SECTION 3. The change in law made by Section 2 of this Act
3-20 to Section 14, Article 42.18, Code of Criminal Procedure, applies
3-21 only to a person for whom a warrant is issued under Section 13,
3-22 Article 42.18, Code of Criminal Procedure, as amended by this Act,
3-23 on or after the effective date of this Act. A person for whom a
3-24 warrant is issued before the effective date of this Act is covered
3-25 by the law in effect when the warrant was issued, and the former
3-26 law is continued in effect for that purpose.
3-27 SECTION 4. This Act takes effect September 1, 1997.
4-1 SECTION 5. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.