HBA-TBM H.B. 1585 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1585
By: Gallego
Corrections
8/28/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th legislative session, the Board of Pardons and Paroles had
the authority to determine the conditions of parole and mandatory
supervision for most prisoners incarcerated in the institutional division
of the Texas Department of Criminal Justice (TDCJ).  It also had the
authority to establish the terms and conditions for the revocation of
parole, mandatory supervision, or conditional pardon.  Under prior law, the
Government Code provided sanctions for a person whose parole or mandatory
supervision was revoked.  A person released on parole, mandatory
supervision, or conditional pardon may have been required to serve the
remaining portion of the sentence on which the inmate was released without
credit for the period the person was released, but there was no distinction
made between types of releasees.  House Bill 1585 establishes distinctions
in sanctions for releasees whose parole, mandatory supervision, or
conditional pardon is revoked and authorizes TDCJ to restore good conduct
time that has been forfeited. 

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 1585 amends the Government Code to provide that if the parole,
mandatory supervision, or conditional pardon of a person whose offense
makes the person ineligible for release on mandatory supervision is
revoked, the person may be required to serve the remaining portion of the
sentence on which the person was released.  If the parole, mandatory
supervision, or conditional pardon of a person who is eligible for release
on mandatory supervision is revoked, the person may be required to serve
the remaining portion of the sentence on which the person was released.
For a person who on the date of issuance of a warrant or summons initiating
the revocation process (date of issuance) is subject to a sentence for
which the remaining portion is greater than the amount of time from the
date of the person's release to the date of issuance, the remaining portion
is to be served without credit for the time from the date of the person's
release to the date of revocation.  For a person who on the date of
issuance is subject to a sentence for which the remaining portion is less
than the amount of time from the date of the person's release to the date
of issuance, the remaining portion is to be served without credit for an
amount of time equal to the remaining portion of the sentence on the date
of issuance.  The bill authorizes the Texas Department of Criminal Justice
to restore good conduct time forfeited by an inmate for committing an
offense or violating a rule during an inmate's actual term of imprisonment
or upon the revocation of an inmate's parole or mandatory supervision.   

EFFECTIVE DATE

Vetoed.