By Solomons                                            H.B. No. 908
         77R4741 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the detention of an inmate or person pending a hearing
 1-3     on ineligible release or a charge of violating a condition of
 1-4     parole or release to mandatory supervision.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 508.282(a), Government Code, is amended to
 1-7     read as follows:
 1-8           (a)  Except as provided by Subsection (b), a parole panel, a
 1-9     designee of the board, or the department shall dispose of the
1-10     charges against an inmate or person described by Section
1-11     508.281(a):
1-12                 (1)  before the 61st day after the date on which:
1-13                       (A)  a warrant issued as provided by Section
1-14     508.251 is executed, if the inmate or person is arrested only on a
1-15     charge that the inmate or person has committed an administrative
1-16     violation of a condition of release, and the inmate or person is
1-17     not charged before the 61st day with the commission of an offense
1-18     described by Section 508.2811(2)(B); or
1-19                       (B)  the sheriff having custody of an inmate or
1-20     person alleged to have committed an offense after release notifies
1-21     the department that:
1-22                             (i)  the inmate or person has discharged
1-23     the sentence for the offense; or
1-24                             (ii)  the prosecution of the alleged
 2-1     offense has been dismissed by the attorney representing the state
 2-2     in the manner provided by Article 32.02, Code of Criminal
 2-3     Procedure; or
 2-4                 (2)  within a reasonable time after the date on which
 2-5     the inmate or person is returned to the custody of the department,
 2-6     if[:]
 2-7                       [(A)]  immediately before the return the inmate
 2-8     or person was in custody in another state or in a federal
 2-9     correctional system[; or]
2-10                       [(B)  the inmate or person is transferred to the
2-11     custody of the department under Section 508.284].
2-12           SECTION 2. Section 508.284, Government Code, is amended to
2-13     read as follows:
2-14           Sec. 508.284.  TRANSFER PENDING REVOCATION HEARING.  (a)  A
2-15     facility that is otherwise required by this subchapter to detain
2-16     and house an inmate or person, on or after the 11th day that the
2-17     inmate or person is in custody in the facility, may transfer the
2-18     inmate or person to a correctional facility operated by the
2-19     department that is located not more than 150 miles from the
2-20     facility from which the inmate or person is to be transferred.
2-21           (b)  The department at any time [, as provided by Section
2-22     508.282(c),] may request [authorize] a facility that is otherwise
2-23     required by this subchapter to detain and house an inmate or person
2-24     to transfer the inmate or person to a correctional facility
2-25     operated by the department or under contract with the department
2-26     if[:]
2-27                 [(1)  the department determines that adequate space is
 3-1     available in the facility to which the inmate or person is to be
 3-2     transferred; and]
 3-3                 [(2)]  the facility to which the inmate or person is to
 3-4     be transferred is located not more than 150 miles from the facility
 3-5     from which the inmate or person is to be transferred.
 3-6           SECTION 3. The change in law made by this Act applies only to
 3-7     the transfer of an inmate who on or after the effective date of
 3-8     this Act begins a period of detention in a facility under
 3-9     Subchapter I, Chapter 508, Government Code, as amended by this Act.
3-10     The transfer of an inmate who before the effective date of this Act
3-11     begins a period of detention in a facility under Subchapter I is
3-12     covered by the law in effect when the period of detention began,
3-13     and the former law is continued in effect for this purpose.
3-14           SECTION 4. This Act takes effect September 1, 2001.