C.S.S.B. 880 78(R)    BILL ANALYSIS


C.S.S.B. 880
By: Whitmire
Corrections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law requires the Board of Pardons and Paroles to dispose of the
revocation charges against a parole releasee charged with a technical
violation within 61 days.  Additionally, the parolee may be granted
multiple continuances until his or her case is finally adjudicated.  The
combined problem arising from the current 61-day allowance and unlimited
continuances is that the state inmate remains for an extended period in
county jail at the county's expense.  
 
CSSB 880 proposes to decrease the time period the parole panel has to
dispose of a technical violation from 61 days to 31 days.  The bill also
requires that in no event may a parole panel dispose of the charges
against the person later than 10 days (rather than the current 30 days)
after the date on which the entity would otherwise be required to do so. 

If the state does not initiate the transfer of the inmate within 45 days
after the completion of the parol revocation hearing, current law provides
that the state must pay the county the cost of housing a state inmate in
the county jail.  CSSB 880 will help reduce the backlog in county jail and
help the counties receive reimbursement more efficiently. 

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.  Amends Section 508.282(a) and (b), Government Code, as follows:

(a) Requires certain entities to dispose of the charges against an inmate
or person described by Section 508.281(a) before the 31st (rather than
61st) day after the date on which a warrant  issued as provided by Section
508.251 is executed, if the inmate or person is arrested only on a
violation of a condition of release, and the inmate or person is not
charged before the 31st (rather than 61st) day with the commission of an
offense described by Section 508.2811(2)(B); or before the 31st (rather
than the 61st) day after the date on which the sheriff having custody of
an inmate or person alleged to have committed an offense after release
notifies the department that the inmate has discharged the sentence for
the offense, or the prosecution has been dismissed in the manner provided
by Article 32.02, Code of Criminal Procedure. 

(b) Provides that certain entities are not required to dispose of charges
against an inmate or person within the period required by Subsection (a)
if certain entities are not provided a place by the sheriff to hold the
hearing, in which event those entities are not required to dispose of the
charges against the inmate or person until the 30th (rather than 60th) day
after the date on which the sheriff provides a place to hold the hearing.
Provides that in no event may a parole panel, a designee of the board, or
TDCJ dispose of the charges against the person later than 10 days (rather
than 30 days) after the date on which the entity would otherwise be
required to dispose of the charges under this section, unless the inmate
or person is released from custody and a summons is issued under Section
508.251 requiring the inmate or person to appear for a hearing under
Section 508.281. 
 
SECTION 2.  Subsection (a) contains the effective date.  Subsections (b)
and (c) make application of this Act prospective. 

EFFECTIVE DATE

September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original by stating, in Section 508.282(b)(3),
that in no event may a parole panel dispose of the charges against the
person later than 10 days (rather than 30 days) after the date on which
the entity would otherwise be required to do so.