BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1093

                                                                                                                                           By: Turner

                                                                                                                                          Corrections

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current Texas law does not allow an inmate who has a reportable conviction or adjudication under Chapter 62, Code of Criminal Procedure to be released for medical treatment if he or she has a terminal illness or condition of long-term care. This policy has a negative effect on both the individual inmate and the Texas prison system. Texas prisons are critically overcrowded and yet the State is housing incarcerated inmates that it cannot treat.  Moreover, inmates are not receiving the mental health care that they need and could receive under medically recommended intensive supervision.  H.B. 1093 allows inmates who are diagnosed by physicians as having a terminal illness or condition of long-term to be released on medically recommended intensive supervision

 

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 508.146(a), Government Code, to allow inmates with reportable convictions or adjudications under Chapter 62, Code of Criminal Procedure to be released on medically recommended intensive supervision if they have a medical condition of terminal illness or long-term care. This section requires that exceptions be diagnosed by a physician.

 

SECTION 2: Effective Date: September 1, 2005.

 

EFFECTIVE DATE

 

September 1, 2005