78R8421 GWK-F

By:  Allen                                                        H.B. No. 2671



A BILL TO BE ENTITLED

AN ACT

relating to the subsequent release from the institutional division 
of the Texas Department of Criminal Justice of a person whose 
release on parole or to mandatory supervision has been revoked.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 508, Government Code, is 
amended by adding Section 508.1451 to read as follows:
	Sec. 508.1451.  RELEASE FOLLOWING REVOCATION.  (a)  In this 
section, "technical violation" means a violation of a condition of 
supervision that does not involve an arrest or criminal charge for 
or conviction of an offense.
	(b)  Except as provided by Subsection (d), not earlier than 
the first anniversary of the date on which a person was returned to 
imprisonment in the institutional division following revocation of 
parole or mandatory supervision for a technical violation of 
conditions of release, a parole panel may release the person to 
parole.
	(c)  A person released under this subsection is subject to 
the same conditions of release as if the person were released under 
Section 508.145.
	(d)  A parole panel may not release an inmate under this 
section if:  
		(1)  the inmate is serving a sentence for an offense 
listed in Section 508.149 or has previously been convicted of an 
offense listed in that section;
		(2)  the inmate has had for the sentence on which the 
inmate is imprisoned more than one revocation of release on parole 
or mandatory supervision; or
		(3)  the panel determines that the inmate's release 
will increase the likelihood of harm to the public.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies to any inmate who on or after that date is serving a 
sentence in the institutional division of the Texas Department of 
Criminal Justice following revocation of release on parole or to 
mandatory supervision, regardless of whether the revocation 
occurred before, on, or after that date.