HBA-TBM H.B. 908 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 908
By: Solomons
Corrections
2/19/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a person may be detained by warrant in a county jail if
there is evidence that the person has violated a condition of  release,
parole, or mandatory supervision granted by the Board of Pardons and
Paroles.  Detainment of such people by a local law enforcement agency in a
county jail can cause financial burdens for a county for the cost of
housing the detainees, especially when detainees are not always transferred
promptly by the Texas Department of Criminal Justice (TDCJ) to a state
correctional facility. House Bill 908 authorizes a county to transfer such
people, pending a revocation hearing, to a correctional facility operated
by TDCJ, on or after the 11th day that the person is in custody in a county
facility.   

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. 

ANALYSIS

House Bill 908 amends the Government Code to modify provisions relating to
the detention of an inmate or person pending a hearing on ineligible
release or a charge of violating a condition of parole or release to
mandatory supervision (inmate).  The bill authorizes a facility that is
otherwise required to detain and house an inmate, on or after the 11th day
of the inmate's custody in the facility, to transfer the inmate to a
correctional facility operated by the Texas Department of Criminal Justice
(TDCJ) that is located not more than 150 miles from the facility from which
the inmate is to be transferred.  The bill removes provisions that require
TDCJ to dispose of the charges against an inmate within a reasonable time
after the date on which the inmate is transferred to the custody of TDCJ
pending a revocation hearing.  The bill removes the provision restricting
the transfer of an inmate to a facility which TDCJ has determined has
adequate space to house the inmate.   
  
EFFECTIVE DATE

September 1, 2001.