1-1 By: Haggerty, Allen (Senate Sponsor - Armbrister) H.B. No. 772
1-2 (In the Senate - Received from the House April 9, 2001;
1-3 April 9, 2001, read first time and referred to Committee on
1-4 Criminal Justice; April 30, 2001, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 6, Nays
1-6 0; April 30, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 772 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the eligibility of certain offenders for medically
1-11 recommended intensive supervision and the provision of facilities
1-12 for those offenders.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 508.146, Government Code, is amended to
1-15 read as follows:
1-16 Sec. 508.146. MEDICALLY RECOMMENDED INTENSIVE SUPERVISION
1-17 [SPECIAL NEEDS PAROLE]. (a) An inmate serving a sentence for which
1-18 parole eligibility is otherwise determined under Section 508.145(f)
1-19 may become eligible for release on medically recommended intensive
1-20 supervision [special needs parole] on a date designated by a parole
1-21 panel that is earlier than the date computed under that section if:
1-22 (1) the Texas Council on Offenders with Mental
1-23 Impairments, in cooperation with the Correctional Managed Health
1-24 Care Committee, [institutional division] identifies the inmate as
1-25 being elderly, physically handicapped, mentally ill, terminally
1-26 ill, [or] mentally retarded, or having a condition requiring
1-27 long-term care;
1-28 (2) the parole panel determines that, based on the
1-29 inmate's condition and a medical evaluation, the inmate does not
1-30 constitute a threat to public safety [or a threat to commit an
1-31 offense]; and
1-32 (3) the Texas Council on Offenders with Mental
1-33 Impairments, in cooperation with the pardons and paroles division,
1-34 has prepared for the inmate a medically recommended intensive
1-35 supervision [special needs parole] plan that requires the inmate to
1-36 submit to electronic monitoring, places the inmate on
1-37 super-intensive supervision, or otherwise ensures appropriate
1-38 supervision of the inmate[, service provision, and placement].
1-39 (b) An inmate [diagnosed as mentally ill or mentally
1-40 retarded] may be released on medically recommended intensive
1-41 supervision [special needs parole] only if the inmate's medically
1-42 recommended intensive supervision [special needs parole] plan under
1-43 Subsection (a)(3) is approved by the Texas Council on Offenders
1-44 with Mental Impairments.
1-45 (c) A parole panel shall require as a condition of release
1-46 under this section that the releasee remain under the care of a
1-47 physician and in a medically suitable placement. At least once
1-48 each calendar quarter, the Texas Council on Offenders with Mental
1-49 Impairments shall report to the board on the releasee's medical and
1-50 placement status. On the basis of the report, a parole panel may
1-51 modify conditions of release and impose any condition on the
1-52 releasee that the panel could impose on a releasee released under
1-53 Section 508.145, including a condition that the releasee reside in
1-54 a halfway house or community residential facility.
1-55 (d) The Texas Council on Offenders with Mental Impairments
1-56 and the Texas Department of Human Services shall jointly request
1-57 proposals from public or private vendors to provide under contract
1-58 services for inmates released on medically recommended intensive
1-59 supervision. A request for proposals under this subsection may
1-60 require that the services be provided in a medical care facility
1-61 located in an urban area. For the purposes of this subsection,
1-62 "urban area" means the area in this state within a metropolitan
1-63 statistical area, according to the standards of the United States
1-64 Bureau of the Census.
2-1 SECTION 2. In issuing requests for proposals on or after the
2-2 effective date of this Act, the council and the department shall
2-3 give consideration to the efficient use of capacity made available
2-4 to serve releasees pursuant to requests for proposals issued before
2-5 the effective date of this Act.
2-6 SECTION 3. This Act takes effect September 1, 2001.
2-7 * * * * *