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79R7828 PEP-D
By: Martinez Fischer H.B. No. 1661
A BILL TO BE ENTITLED
AN ACT
relating to procedures for certain persons charged with an
administrative violation of a condition of release from the Texas
Department of Criminal Justice on parole or mandatory supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.254, Government Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c)(1) Except as otherwise provided by this subsection,
pending [Pending] a hearing on a charge of parole violation,
ineligible release, or violation of a condition of mandatory
supervision, a person returned to custody shall remain confined.
(2) A magistrate of the county in which the person is
held in custody may release the person on bond pending the hearing
if:
(A) the person is arrested only on a charge that
the person has committed an administrative violation of a condition
of release; and
(B) the person has not been previously convicted
of:
(i) an offense under Chapter 29, Penal
Code, or an offense under Title 5, Penal Code, punishable as a
felony; or
(ii) an offense involving family violence,
as defined by Section 71.004, Family Code.
(3) The provisions of Chapters 17 and 22, Code of
Criminal Procedure, apply to a person released under this
subsection in the same manner as those provisions apply to a person
released pending an appearance before a court or magistrate, except
that the release under this subsection is conditioned on the
person's appearance at a hearing under this subchapter.
(d) A county that confines in the county jail an inmate or
person to whom Section 508.282(a)(1) applies is entitled to receive
compensation from the state for medical expenses and the costs of
confinement incurred during each day the inmate or person is
confined in the county jail after the date on which disposition of
the charges against the inmate or person is required under that
section. The county promptly shall inform the department that an
inmate or person described by this subsection is confined in the
jail. On the first day of each quarter of a county's fiscal year,
the county judge shall certify to the comptroller each inmate or
person confined and, for each inmate or person confined, the amount
of medical expenses and costs of confinement incurred during the
preceding fiscal quarter for which the county is entitled to
compensation under this subsection. The comptroller shall issue to
the commissioners court of the county a warrant in an amount
computed for the preceding fiscal quarter for all inmates or
persons confined.
SECTION 2. Section 508.282(a), Government Code, is 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 14th [41st] 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 14th [41st] 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.
SECTION 3. (a) The change in law made by this Act applies
only to a person who on or after the effective date of this Act is
charged with a violation of the person's release on parole or
mandatory supervision. A person who before the effective date of
this Act was charged with a violation of release is governed by the
law in effect when the violation was charged, and the former law is
continued in effect for that purpose.
(b) A county is entitled to compensation from the state
under Section 508.254(d), Government Code, as added by this Act,
only for the confinement of a person who on or after the effective
date of this Act is charged with a violation of release.
SECTION 4. This Act takes effect September 1, 2005.