H.B. 1180 78(R)    BILL ANALYSIS


H.B. 1180
By: Chisum
Corrections
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, Section 499.052, Government Code, prescribes a State Boot Camp
Program for certain offenders who are required to serve a maximum of 90
days in the Texas Department of Criminal Justice institutional division. 

When sentenced to boot camp, typically an offender is transferred to
Huntsville for 25 to 30 days to undergo processing and then is sent to
boot camp, where he or she undergoes a medical evaluation to determine if
that person has any medical conditions that would disqualify the person
from the program.  Once in the boot camp, the offender spends 7 - 14 days
acclimating and learning protocol. Obviously, the days spent transferring,
processing, and acclimatizing the offender limits the number of days the
offender can actually undergo boot camp training and labor.  

Also, in recent years the average age of offenders sentenced to boot camp
dropped from 22 to 26 years old to 17 to 22 years old.  The younger
offenders now sentenced to boot camp often have more behavioral problems
and therefore need more time to benefit from the boot camp program. 

The current 90-day statutory maximum does not provide sufficient time for
properly processing an inmate and completing the full boot camp program.
HB 1180 increases the 90-day maximum sentence for state boot camp
participants to 180 days. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. For the purposes of Section 8(a), Article 42.12, Code of
Criminal Procedure 
 (STATE BOOT CAMP PROGRAM), the bill changes the length of time that a
court sentencing imprisonment in the institutional division of TDCJ for a
felony conviction has jurisdiction from 90 days to 180 days from the date
on which the convicted person is received into custody by the
institutional division of TDCJ.  The bill also makes conforming changes. 

SECTION 2.The bill amends Sections 499.052(a) and (d), Government Code
(STATE BOOT CAMP PROGRAM), to change the requirements for participation in
the boot camp program from persons who are required to serve not more than
90 days in the institutional division of TDCJ to persons who are required
to serve not more than 180 days in the institutional division of TDCJ. 

SECTION 3. This Act applies only to a defendant convicted of an offense
committed on 
   or after the effective date.

SECTION 4.Effective date.

EFFECTIVE DATE

September 1, 2003