C.S.H.B. 1849 78(R)    BILL ANALYSIS


C.S.H.B. 1849
By: Allen
Corrections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Parolees in Texas may be notified of a revocation hearing by summons or by
warrant for arrest (known as a blue warrant).  Currently, a blue warrant
is used in most cases. In an effort to more effectively use county jail
capacity, C.S.H.B. 1849 requires the parole division of the Texas
Department of Criminal Justice to notify certain low risk parole violators
of their parole revocation hearing by issuing a summons, instead of a
warrant for arrest.  

In the interest of public safety, C.S.H.B. 1849 allows that if a parolee
attends a revocation hearing after being notified by summons, and at the
hearing it is determined that the parolee has violated a condition of
release, a warrant may immediately be issued so that the parolee can be
confined in county jail between the date of the hearing and the date the
decision in his revocation case becomes final. 

Currently, most county jails provide parole revocation hearing rooms for
parolees who are arrested on a blue warrant.  C.S.H.B. 1849 specifies that
these rooms will be provided for those revocation hearings for parolees
under summons. 

Further, C.S.H.B. 1849 requires the parole division to resolve the
revocation charges in a timely fashion, i.e., not later than the 31st day
after the date the warrant is issued. 


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. The bill requires the parole division to issue a summons,
instead of a warrant, for a revocation hearing, unless the parolee is on
intensive supervision or superintensive supervision, an absconder, or a
threat to public safety. 

SECTION 2. The bill allows summons to be issued in revocation cases where
currently a warrant must be issued. 

SECTION 3. The bill requires the sheriff of a county in which parole
revocation hearings are conducted after notice by summons to provide a
place at the county jail to hold the hearing.  The bill also allows a
warrant to be immediately issued if during the revocation hearing the
parolee is determined to have violated a condition of release.  

SECTION 4. Requires the parole division to dispose of the charges upon
which a warrant is issued within 31 days of the date the warrant was
issued. 

SECTION 5. This Act will apply to all parolees charged with a violation of
release on or after the effective date. 

SECTION 6.  Effective Date.
 

EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original by removing the language in SECTION 3
specifying that a "designated agent" may issue a warrant immediately on
conclusion of a hearing in which the releasee has been found in violation
of conditions of release.