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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of a defendant convicted of a state jail |
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felony on medically recommended intensive supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsections (i) and (j) to read as |
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follows: |
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(i) If a defendant is convicted of a state jail felony and |
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the sentence is executed, the judge sentencing the defendant may |
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release the defendant to a medical care facility or medical |
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treatment program if the Texas Correctional Office on Offenders |
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with Medical or Mental Impairments: |
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(1) identifies the defendant as being elderly, |
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physically disabled, mentally ill, terminally ill, or mentally |
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retarded or having a condition requiring long-term care; and |
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(2) in cooperation with the community supervision and |
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corrections department serving the sentencing court, prepares for |
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the defendant a medically recommended intensive supervision plan |
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that: |
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(A) ensures appropriate supervision of the |
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defendant; and |
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(B) requires the defendant to remain under the |
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care of a physician at the facility or in the program. |
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(j) If a defendant released to a medical care facility or |
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medical treatment program under Subsection (i) violates the terms |
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of that release, the judge may dispose of the matter as provided by |
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Subsections (e) and (f)(1). |
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SECTION 2. Section 614.0032(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The office shall: |
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(1) perform duties imposed on the office by Section |
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508.146, Government Code; and |
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(2) periodically identify state jail felony |
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defendants suitable for release under Section 15(i), Article 42.12, |
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Code of Criminal Procedure, and perform other duties imposed on the |
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office by that section. |
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SECTION 3. This Act takes effect September 1, 2007. |