By:  Capelo                                                       H.B. No. 3335



A BILL TO BE ENTITLED

AN ACT

relating to the time limitation of conducting a parole revocation 
hearing.  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 508.282, Government Code, is amended to 
read as follows: 
	Section 508.282.  DEADLINES.  (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[61st]31st day after the date on which:
			(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]31st 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]
30th 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] 7th 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.
	c)  In Subsections (a) and (b), charges against an inmate or 
person are disposed of when:
		(1)  the inmate's or person's conditional pardon, 
parole, or release to mandatory supervision is:
			(A)  revoked; or                                                             
			(B)  continued or modified and the inmate or 
person is released from the county jail;
		(2)  the warrant for the inmate or person issued under 
Section 508.251 is withdrawn; or
		(3)  the inmate or person is transferred to a facility 
described by Section 508.284 for further proceedings.
	(d)  A sheriff, not later than 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.
	(e)  If a warrant for an inmate or person issued under 
Section 508.251 is withdrawn, a summons may be issued requiring the 
inmate or person to appear for a hearing under Section 508.281.
	SECTION 2.  This Act takes effect September 1, 2003.