SRC-TJG H.B. 2624 78(R) BILL ANALYSIS
Senate Research Center H.B. 2624
78R12513 PEP-DBy: Haggerty (Whitmire)
Criminal Justice
5/19/2003
Engrossed
DIGEST AND PURPOSE
Probation, or "community supervision," terms in Texas can be long. The
maximum term of probation for a misdemeanor offender is five (5) years and
the maximum term of probation for a felony offender is ten (10) years.
Increased lengths of probation mean increased potential for probation
revocation to incarceration in Texas prison. Many probation revocations
in Texas are for technical violations, where the offender has not
committed a new offense. The average length of incarceration for
probation revocation is over four (4) years. Adult probationers in Texas
currently have an "early release date" which is two years or one-third of
the full probation term, whichever is less. Currently, few probationers
are released on this date. H.B. 2624 releases offenders from state
supervision after they have successfully completed one-third of their
probation term. This bill allows a judge to deny early release and
prohibits the amount of per capita funding received from the comptroller
of public accounts (comptroller) based on vouchers prepared and submitted
to the comptroller by the division under Subsection (a)(1) from being less
than the amount received from the comptroller under that subsection during
fiscal years 2004 and 2005.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 5(c), Article 42.12, Code of Criminal
Procedure, as follows:
(c) Requires the judge, unless in the judge's opinion the best interest
of society and the defendant will be served if the defendant remains under
supervision, to dismiss the proceedings and discharge a defendant, other
than a defendant charged with a misdemeanor or an offense requiring the
defendant to register as a sex offender under Chapter 62, on the
defendant's successful completion of one-third of the original period of
community supervision imposed under Subsection (a) and payment to the
court of a onetime supervision termination fee in the amount of $500.
Provides that for the purposes of this subsection, the original period of
community supervision imposed begins on the date the judgment is entered
in the case placing the defendant on community supervision. Requires the
judge, with respect to a defendant who is charged with a misdemeanor or is
required to remain under supervision, rather than on expiration of a
community supervision period imposed under Subsection (a) of this section,
if the judge has not proceeded to an adjudication of guilt, to dismiss the
proceedings against the defendant and discharge the defendant on
expiration of the period of community supervision imposed under Subsection
(a), rather than discharge him. Authorizes the judge to dismiss the
proceedings and discharge a defendant charged with a misdemeanor, other
than an offense requiring the defendant to register as a sex offender
under Chapter 62, rather than a defendant charged with an offense
requiring the defendant to register as a sex offender under Chapter 62, as
added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,
prior to the expiration of the term of community supervision if in the
judge's opinion the best interest of society and the defendant will be
served. Prohibits the judge from dismissing the proceedings and
discharging a defendant charged with an offense requiring the defendant to
register under Chapter 62 before the expiration of the period of
community supervision imposed under Subsection (a). Requires the judge,
if the judge requires a defendant, other than a defendant charged with a
misdemeanor or an offense requiring the defendant to register as a sex
offender under Chapter 62, to remain under supervision, to enter a written
statement in the records of the case specifying the grounds for the
judge's opinion that the best interest of society and the defendant will
be served if the defendant remains under supervision. Makes a conforming
change.
SECTION 2. Amends Section 19(b), Article 42.12, Code of Criminal
Procedure, to require the judge to deposit certain fees in the special
fund of the county treasury, to be used for the same purposes for which
state aid may be used under Chapter 76 (Community Supervision and
Corrections Departments), Government Code.
SECTION 3. Amends Section 20, Article 42.12, Code of Criminal Procedure,
as follows:
Sec. 20. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION. (a) Requires
the judge, unless in the judge's opinion the best interest of society and
the defendant will be served if the defendant remains under supervision,
to terminate a period of community supervision for a defendant other than
a defendant who enters a plea of guilty to or is convicted of a
misdemeanor or an offense described by Subsection (b) on the defendant's
successful completion of one-third of the original period of community
supervision imposed and payment to the court of a one-time supervision
termination fee in the amount of $500. Provides that for the purposes of
this subsection, the original period of community supervision imposed
begins on the date the judgment is entered in the case placing the
defendant on community supervision. Provides that with respect to a
defendant who enters a plea of guilty to or is convicted of a misdemeanor
or is required to remain under supervision, the period of community
supervision is terminated on the defendant's satisfactory fulfillment of
the conditions of community supervision, and the expiration of the
original period of community supervision imposed. Authorizes the judge to
terminate a period of community supervision for a defendant who enters a
plea of guilty to or is convicted of a misdemeanor, other than an offense
described by Subsection (b), prior to the expiration of the original
period of community supervision imposed if the defendant has
satisfactorily completed one-third of that period and, in the judge's
opinion, the best interest of society and the defendant will be served.
Requires the judge, by order duly entered, on termination of a period of
community supervision under this subsection, to amend or modify the
original sentence imposed, if necessary, to conform to the community
supervision period and to discharge the defendant. Authorizes the judge,
if the judge discharges the defendant under this subsection, rather than
this section, to set aside the verdict or permit the defendant to withdraw
the defendant's, rather than his, plea, and requires the judge to dismiss
the accusation, complaint, information or indictment against the
defendant, who shall thereafter be released from all penalties and
disabilities resulting from the offense or crime of which the defendant
has been convicted or to which the defendant has pleaded guilty, except
that proof of the conviction or plea of guilty shall be made known to the
judge should the defendant again be convicted of any criminal offense and
if the defendant is an applicant for a license or is a licensee under
Chapter 42 (Regulation of Certain Facilities, Homes, and Agencies that
Provide Child-Care Services), Human Resources Code, the Texas Department
of Human Services may consider the fact that the defendant previously has
received community supervision under this article in issuing, renewing,
denying, or revoking a license under that chapter. Deletes existing text
relating to authorizing, at any time, after the defendant has
satisfactorily completed one-third of the original community supervision
period or two years of community supervision, whichever is less, the
period of community supervision to be reduced or terminated by the judge.
Makes conforming changes.
(b) Prohibits the judge from terminating a period of community
supervision prior to the expiration of the original period of community
supervision imposed if the defendant enters a plea of guilty to or is
convicted of certain offenses. Makes a nonsubstantive change.
(c) Requires the judge, if the judge requires a defendant, other than a
defendant who enters a plea of guilty to or is convicted of a misdemeanor
or an offense described by Subsection (b), to remain under supervision, to
enter a written statement in the records of the case specifying the
grounds for the judge's opinion that the best interest of society and the
defendant will be served if the defendant remains under supervision.
SECTION 4. Amends Section 509.011, Government Code, by adding Subsection
(i) to prohibit the amount of per capita funding received from the
comptroller of public accounts (comptroller) based on vouchers prepared
and submitted to the comptroller by the division under Subsection (a)(1)
from being less than the amount received from the comptroller under that
subsection during fiscal years 2004 and 2005.
SECTION 5. Effective date: September 1, 2003.
Makes application of this Act prospective.