79R7828 PEP-D

By:  Whitmire                                                     S.B. No. 902



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.