79R3271 PEP-D
By: Turner H.B. No. 1093
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain inmates of the Texas
Department of Criminal Justice for medically recommended intensive
supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.146(a), Government Code, is amended
to read as follows:
(a) An inmate[,] other than an inmate who is serving a
sentence of death [or an inmate who has a reportable conviction or
adjudication under Chapter 62, Code of Criminal Procedure,] may be
released on medically recommended intensive supervision on a date
designated by a parole panel described by Subsection (e), except
that an inmate with an instant offense that is an offense described
in Section 3g, Article 42.12, Code of Criminal Procedure, or an
inmate who has a reportable conviction or adjudication under
Chapter 62, Code of Criminal Procedure, may only be considered if a
medical condition of terminal illness or long-term care has been
diagnosed by a physician, if:
(1) the Texas Correctional Office on Offenders with
Medical or Mental Impairments, in cooperation with the Correctional
Managed Health Care Committee, identifies the inmate as being
elderly, physically disabled, mentally ill, terminally ill, or
mentally retarded or having a condition requiring long-term care;
(2) the parole panel determines that, based on the
inmate's condition and a medical evaluation, the inmate does not
constitute a threat to public safety; and
(3) the Texas Correctional Office on Offenders with
Medical or Mental Impairments, in cooperation with the pardons and
paroles division, has prepared for the inmate a medically
recommended intensive supervision plan that requires the inmate to
submit to electronic monitoring, places the inmate on
super-intensive supervision, or otherwise ensures appropriate
supervision of the inmate.
SECTION 2. This Act takes effect September 1, 2005.