79R3271 PEP-D

By:  Haggerty                                                     H.B. No. 2904



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.