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.