HBA-NIK, PDH H.B. 854 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 854
By: Capelo
Corrections
3/16/1999
Introduced



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, the department 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
the department if it wants to place a detainer on the inmate. This bill
requires TDCJ to check for warrants at the time of release to insure that
outstanding warrants are addressed before releasing the inmate 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 WARRANT FROM ANOTHER
JURISDICTION.  Requires the Texas Department of Criminal Justice
(department), 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 issued by a court
having jurisdiction in another state.  Requires the department to allow
sufficient time for compliance with any requirements related to notifying
the proper authorities of the inmate's discharge or release and providing
for extradition of the inmate. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.