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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of persons convicted of a state jail |
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felony to participate in the state boot camp program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 8(a) and (b), Article 42.12, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) For the purposes of this section, the jurisdiction of a |
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court in which a sentence requiring imprisonment or confinement in |
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the [institutional division of the] Texas Department of Criminal |
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Justice is imposed for conviction of a felony shall continue for 180 |
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days from the date on which the convicted person is received into |
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custody by the department [institutional division]. After the |
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expiration of 75 days but prior to the expiration of 180 days from |
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the date on which the convicted person is received into custody by |
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the department [institutional division], the judge of the court |
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that imposed the sentence may suspend further execution of the |
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sentence imposed and place the person on community supervision |
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under the terms and conditions of this article, if in the opinion of |
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the judge the person would not benefit from further imprisonment. |
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The court shall clearly indicate in its order recommending the |
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placement of the person in the state boot camp program that the |
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court is not retaining jurisdiction over the person for the |
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purposes of Section 6 of this article. A court may recommend a |
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person for placement in the state boot camp program only if: |
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(1) the person is otherwise eligible for community |
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supervision under this article; and |
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(2) the person is 17 years of age or older but younger |
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than 26 years and is physically and mentally capable of |
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participating in a program that requires strenuous physical |
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activity [; and
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[(3) the person is not convicted of an offense
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punishable as a state jail felony]. |
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(b) On the 76th day after the day on which the convicted |
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person is received into custody by the department [institutional
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division], the department [institutional division] shall send the |
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convicting court the record of the person's progress, conduct, and |
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conformity to applicable department [institutional division] |
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rules. |
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SECTION 2. Section 15(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) A judge may impose as a condition of community |
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supervision that a defendant submit at the beginning of the period |
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of community supervision to a term of confinement in a state jail |
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felony facility for a term of not less than 90 days or more than 180 |
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days, or a term of not less than 90 days or more than one year if the |
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defendant is convicted of an offense punishable as a state jail |
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felony under Section 481.112, 481.1121, 481.113, or 481.120, Health |
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and Safety Code. A judge may not require a defendant to submit to |
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both the term of confinement authorized by this subsection and a |
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term of confinement under Section 5 or 12 of this article or |
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participation in the state boot camp program under Section 8 of this |
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article. For the purposes of this subsection, a defendant |
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previously has been convicted of a felony regardless of whether the |
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sentence for the previous conviction was actually imposed or was |
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probated and suspended. |
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SECTION 3. Section 499.052, Government Code, is amended to |
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read as follows: |
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Sec. 499.052. STATE BOOT CAMP PROGRAM. (a) The department |
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[institutional division] shall establish a program to confine |
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persons who are required to serve not more than 180 days in the |
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department [institutional division] as a condition of a sentence |
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imposed under Section 8, Article 42.12, Code of Criminal Procedure. |
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The department [institutional division] may limit the number of |
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persons participating in the program. |
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(b) A person participating in a program under this section |
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is not required to undergo the complete reception and diagnostic |
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process required of other inmates, but the department |
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[institutional division] may require the person to undergo those |
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diagnostic processes determined by the department [division] to be |
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necessary. |
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(c) The department [institutional division] shall require a |
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person participating in a program under this section to participate |
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in strenuous labor, and the department [division] shall conduct |
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programs to educate the person as to the conditions under which |
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inmates of [in] the department [division] live. |
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(d) The department [institutional division] shall adopt |
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rules of conduct for persons participating in the program under |
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this section. If the department [institutional division] |
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determines that a person is not complying with the rules or is |
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medically or psychologically unsuitable for the program, the |
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department [division] shall end the person's participation in the |
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program and request the sentencing court to reassume custody of the |
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person. If the court does not reassume custody and remove the |
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person from the department [institutional division] before the 12th |
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day after the date the department [division] notifies the court, |
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the department [division] shall transfer the person from the |
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program to any unit within the department [division] for the |
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duration of the person's sentence or until further order of the |
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court, provided the order is entered before the expiration of the |
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180 days from the date the execution of sentence actually begins. |
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If on the 181st day after a person begins participation in the |
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program the court has not suspended the imposition of the person's |
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sentence of confinement, the department [institutional division] |
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shall transfer the person from the program to any unit within the |
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department [division]. |
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SECTION 4. The change in law made by this Act applies only |
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to a defendant convicted of an offense committed on or after the |
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effective date of this Act. A defendant convicted of an offense |
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committed before the effective date of this Act is covered by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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SECTION 5. This Act takes effect September 1, 2007. |