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78R6162 GWK-D

By:  Uresti                                                       H.B. No. 1965



A BILL TO BE ENTITLED

AN ACT

relating to the revocation process for releasees who violate 
conditions of release on parole or mandatory supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 508.281, Government Code, is amended by 
amending Subsection (a) and adding Subsection (c) to read as 
follows:
	(a)  A releasee, a person released although ineligible for 
release, or a person granted a conditional pardon is entitled to a 
hearing before a parole panel or a designated agent of the board 
under the rules adopted by the policy board [and within a period 
that permits a parole panel, a designee of the board, or the 
department to dispose of the charges within the periods established 
by Sections 508.282(a) and (b)] if the releasee or person[:
		[(1)]  is accused of a violation of the releasee's 
parole or mandatory supervision or the person's conditional pardon, 
on information and complaint by a peace officer or parole 
officer[;] or
		[(2)]  is arrested after an ineligible release.  For a 
releasee other than a releasee described by Section 508.282(b), the 
hearing must be within the period required by Subsection (c).
	(c)  If a releasee is arrested after the execution of a 
warrant issued under Section 508.251, the parole panel or 
designated agent of a parole panel shall hold the hearing not later 
than the 9th day after the date on which the warrant is executed.  A 
parole panel shall make a decision under Section 508.283(a) not 
later than the 10th day after the conclusion of the hearing.  The 
parole panel shall immediately notify the parole officer 
supervising the releasee of the panel's decision.
	SECTION 2.  Sections 508.282(a), (b), and (d), Government 
Code, are amended to read as follows:
	(a)  Except as provided by Subsection (b), a parole panel, a 
designee of the board, or the department shall dispose of the 
charges against an inmate or person described by Section 
508.281(a):
		(1)  before the 10th [61st] day after the date on which 
a parole panel makes a decision under Section 508.283(a)[:
			[(A)  a warrant issued as provided by Section 
508.251 is executed, if the inmate or person is arrested only on a 
charge that the inmate or person has committed an administrative 
violation of a condition of release, and the inmate or person is not 
charged before the 61st day with the commission of an offense 
described by Section 508.2811(2)(B); or
			[(B)  the sheriff having custody of an inmate or 
person alleged to have committed an offense after release notifies 
the department that:
				[(i)  the inmate or person has discharged 
the sentence for the offense; or
				[(ii)  the prosecution of the alleged 
offense has been dismissed by the attorney representing the state 
in the manner provided by Article 32.02, Code of Criminal 
Procedure]; or
		(2)  within a reasonable time after the date on which 
the inmate or person is returned to the custody of the department, 
if:
			(A)  immediately before the return the inmate or 
person was in custody in another state or in a federal correctional 
system; or
			(B)  the inmate or person is transferred to the 
custody of the department under Section 508.284.
	(b)  A parole panel, a designee of the board, or the 
department is not required to dispose of the charges against an 
inmate or person within the period required by Subsection (a) if[:
		[(1)]  the inmate or person is in custody in another 
state or a federal correctional institution[;
		[(2)  the parole panel or a designee of the board is not 
provided a place by the sheriff to hold the hearing, in which event 
the department, parole panel, or designee is not required to 
dispose of the charges against the inmate or person until the 60th 
day after the date on which the sheriff provides a place to hold the 
hearing; or
		[(3)  the inmate or person is granted a continuance by a 
parole panel or a designee of the board in the inmate's or person's 
hearing under Section 508.281(a), but in no event may a parole 
panel, a designee of the board, or the department dispose of the 
charges against the person later than the 30th day after the date on 
which the parole panel, designee, or department 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].
	(d)  A sheriff, not later than 48 hours [the 10th day] before 
the date on which the sheriff intends to release from custody an 
inmate or person described by Section 508.281(a) or transfer the 
inmate or person to the custody of an entity other than the 
department, shall notify the department of the intended release or 
transfer.
	SECTION 3.  The change in law made by this Act applies only 
to a releasee for whom a warrant is issued under Section 508.251, 
Government Code, on or after the effective date of this Act.  A 
releasee for whom a warrant is issued before the effective date of 
this Act is covered by the law in effect when the warrant is issued, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.