80R3015 PEP-D
 
  By: Hodge H.B. No. 403
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the early termination of parole or mandatory
supervision for certain releasees who successfully complete a
residential substance abuse treatment program.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 508, Government Code, is amended by
adding Section 508.1551 to read as follows:
       Sec. 508.1551.  EARLY TERMINATION OF PAROLE OR MANDATORY
SUPERVISION.  (a)  Notwithstanding Section 508.148 or 508.155, the
board shall terminate the parole or mandatory supervision of a
person who:
             (1)  is required as a condition of release under
Section 508.185 to participate in a substance abuse treatment
program that includes not less than 150 days of residential care;
             (2)  successfully completes the program; and
             (3)  submits to the parole officer supervising the
person:
                   (A)  proof of the person's successful completion
of the program in the manner required by the board;
                   (B)  an application for termination of
supervision on a form prescribed by the board; and
                   (C)  a one-time nonrefundable supervision
termination fee made payable to the division in the amount of $500.
       (b)  The board shall:
             (1)  adopt rules governing the manner by which a person
may provide proof of the successful completion of a substance abuse
treatment program for purposes of this section; and
             (2)  prescribe a standard form for use as an
application for termination of supervision under this section.
       (c)  A parole officer who receives the materials described by
Subsection (a)(3) shall promptly forward those materials to the
designated representative within the division for processing. On
receipt of the materials, including the fee, and on verification of
the person's proof of the successful completion of a substance
abuse treatment program, the division shall immediately notify the
board.  On receipt of the notification, the board shall terminate
the person's parole or mandatory supervision.
       (d)  A person whose parole or mandatory supervision is
terminated under this section is considered to have completed the
person's full period of parole or mandatory supervision.
       (e)  Fees collected under this section shall be deposited to
the credit of a dedicated account in the general revenue fund.
Money in the account may be appropriated only to provide funding for
the administration and provision of substance abuse treatment under
Section 508.185.
       SECTION 2.  Section 508.185, Government Code, is amended to
read as follows:
       Sec. 508.185.  SUBSTANCE ABUSE TREATMENT.  (a)  A parole
panel shall require as a condition of release on parole or release
to mandatory supervision that an inmate participate as a releasee
in a substance abuse treatment program approved by the Department
of State Health Services that includes not less than 150 days of
residential care if the inmate:
             (1)  is not serving a sentence for and has never been
previously convicted of an offense listed in Section 508.149 and
would not otherwise be considered ineligible for release to
mandatory supervision under that section;
             (2)  successfully completes an in-prison substance
abuse treatment program or [who] immediately before release is a
participant in the program established under Section 501.0931; and
             (3)  agrees to participate as a releasee in a substance
abuse [in a drug or alcohol abuse continuum of care] treatment
program that includes residential care.
       (b)  The Department of State Health Services:
             (1)  is responsible for the administration of the
certification of substance abuse treatment programs approved under
this section;
             (2)  may charge a nonrefundable application fee for:
                   (A)  initial certification of the approval; or
                   (B)  renewal of the certification;
             (3)  shall adopt rules regarding substance abuse
treatment programs approved under this section; and
             (4)  shall monitor, coordinate, and provide training to
a person who provides a substance abuse [The Texas Commission on
Alcohol and Drug Abuse shall develop the continuum of care]
treatment program under this section.
       SECTION 3.  This Act applies to a person who is released on
parole or to mandatory supervision before, on, or after the
effective date of this Act.
       SECTION 4.  This Act takes effect September 1, 2007.