HBA-NIK, PDH C.S.H.B. 854 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 854 By: Capelo Corrections 3/22/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the Texas Department of Criminal Justice (TDCJ) conducts a Texas Crime Information Center/National Crime Information Center criminal history check on all new admissions to the prison system. Should there be an outstanding warrant, TDCJ contacts the appropriate jurisdiction to ask whether it wishes to place a detainer on the inmate. If a warrant is issued after an inmate has entered the prison system, the entity placing the warrant can verify that the inmate is incarcerated in TDCJ and contact TDCJ if it wants to place a detainer on the inmate. C.S.H.B. 854 requires TDCJ to check for warrants at the time of release to insure that outstanding warrants are addressed before releasing an inmate or defendant from custody. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 493, Government Code, by adding Section 493.0145, as follows: Sec. 493.0145. IDENTIFICATION OF INMATES SUBJECT TO ARREST WARRANT FROM ANOTHER JURISDICTION. Requires the Texas Department of Criminal Justice (TDCJ), prior to the inmate being released on parole or mandatory supervision, to conduct a criminal history record check to determine whether an inmate is the subject of an arrest warrant. Requires TDCJ to allow sufficient time for compliance with any requirements related to notifying the proper authorities of the inmate's discharge or release and, if necessary, providing for extradition of the inmate. SECTION 2.Amends Subchapter B, Chapter 507, Government Code, by adding Section 507.032 as follows: Sec. 507.032. IDENTIFICATION OF DEFENDANTS SUBJECT TO ARREST WARRANT. Requires TDCJ to conduct a criminal history record check for any outstanding arrest warrants before a defendant is released from confinement in a state jail felony facility. Requires TDCJ to allow sufficient time for compliance with any requirements relating to notifying the proper authorities of the defendant's release, and if necessary, providing for extradition of the defendant. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. modifies the original bill in SECTION 1 [Section 493.0145, Government Code] by introducing the new title to "Identification of Inmates Subject to Arrest Warrant," rather than "Identification of Inmates Subject to Warrant From Another Jurisdiction." Requires the Texas Department of Criminal Justice (TDCJ) to check whether the inmate is the subject of an arrest warrant, rather than subject to an arrest warrant issued by a court having jurisdiction outside of this state. Requires TDCJ, in conducting the criminal history check, to allow sufficient time for complying with any requirements in notifying the proper authorities of the inmate's discharge or release and, if necessary, providing for the extradition of the inmate. The phrase, "if necessary," does not appear in the original bill. The substitute in SECTION 2 differs from the original by amending Subchapter B, Chapter 507, Government Code, to add Section 507.032, which requires TDCJ to conduct a criminal history record check for any outstanding arrest warrants before a defendant is released from confinement in a state jail felony facility. Requires TDCJ to allow sufficient time for compliance with any requirements relating to notifying the proper authorities of the defendant's release, and if necessary, providing for extradition of the defendant. Section 507.032, Government Code, does not appear in the original bill. C.S.H.B. 854 redesignates SECTIONS 2 and 3 of the original bill to SECTIONS 3 and 4.