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78R3400 GWK-D
By: Barrientos S.B. No. 697
A BILL TO BE ENTITLED
AN ACT
relating to the revocation process for certain 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 to
read as follows:
Sec. 508.281. HEARING. (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 described by Subsection (c)(1), the hearing must be within
the period required by Subsection (c). For a releasee other than a
releasee described by Subsection (c)(1) and for a person released
although ineligible or released on conditional pardon, the hearing
must be within a period that permits disposition of the charges
within periods established by Sections 508.282(a) and (b).
(b) If a parole panel or designated agent of the board
determines that a releasee or person granted a conditional pardon
has been convicted of a felony offense committed while an
administrative releasee and has been sentenced to a term of
confinement in a penal institution, the determination is considered
to be a sufficient hearing to revoke the parole or mandatory
supervision or recommend to the governor revocation of a
conditional pardon without further hearing, except that the parole
panel or designated agent shall conduct a hearing to consider
mitigating circumstances if requested by the releasee or person
granted a conditional pardon.
(c)(1) If a releasee is arrested after the execution of a
warrant issued under Section 508.251, and the warrant is issued
only for an administrative violation of release described by
Section 508.282(a)(1)(A), the parole officer supervising the
releasee, not later than the 24th hour after the arrest, shall
interview the releasee and notify the releasee that the releasee is
entitled to a hearing under this section.
(2) If a releasee does not waive the right to a hearing
under this section, the parole panel or designated agent of a parole
panel shall hold the hearing not later than the 72nd hour after the
conclusion of the interview described by Subdivision (1). If the
parole officer supervising the releasee or the parole panel
determines that a hearing cannot be held within the period required
by this subdivision, the warrant must be withdrawn. After
withdrawal of the warrant, a summons may be issued as provided by
Section 508.251.
(3) If a designated agent of a parole panel holds the
hearing under this section, the agent, not later than the 48th hour
after the conclusion of the hearing, shall forward electronically
to the parole panel deciding the case a hearing report containing
the agent's findings and recommendations.
(4) A parole panel that receives a hearing report
under Subdivision (3) shall make a decision under Section
508.283(a) not later than the 48th hour after receiving the hearing
report. The parole panel shall immediately notify the designated
agent and the parole officer supervising the releasee of the
panel's decision.
(5) If a parole panel holds the hearing under this
section, the parole panel shall make a decision under Section
508.283(a) not later than the 48th hour after the conclusion of the
hearing. The parole panel shall immediately notify the parole
officer supervising the releasee of the panel's decision.
(6) If the decision of the parole panel is to withdraw
the warrant issued under Section 508.251, the parole officer shall
remove the releasee from the custody of the county not later than
the 24th hour after receiving notice of the decision. If a parole
officer does not receive notice from a parole panel before the
deadline imposed by Subdivision (4) or (5), the parole officer
shall request the withdrawal of the warrant issued under Section
508.251, unless the releasee is under supervision after serving a
sentence for an offense listed in Section 3g(a)(1), Article 42.12,
Code of Criminal Procedure, or a sentence containing an affirmative
finding under Section 3g(a)(2) of that article.
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 9th [61st] 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 9th [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; or
(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 the eighth [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.