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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain inmates of the Texas |
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Department of Criminal Justice for medically recommended intensive |
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supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.146(a), Government Code, is amended |
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to read as follows: |
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(a) An inmate[,] other than an inmate who is serving a |
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sentence of death or life without parole [or an inmate who has a
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reportable conviction or adjudication under Chapter 62, Code of
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Criminal Procedure,] may be released on medically recommended |
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intensive supervision on a date designated by a parole panel |
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described by Subsection (e), except that an inmate with an instant |
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offense that is an offense described in Section 3g, Article 42.12, |
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Code of Criminal Procedure, or an inmate who has a reportable |
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conviction or adjudication under Chapter 62, Code of Criminal |
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Procedure, may only be considered if a medical condition of |
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terminal illness or long-term care has been diagnosed by a |
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physician, if: |
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(1) the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments, in cooperation with the Correctional |
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Managed Health Care Committee, identifies the inmate as being: |
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(A) elderly, physically disabled, mentally ill, |
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terminally ill, or mentally retarded or having a condition |
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requiring long-term care, if the inmate is an inmate with an instant |
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offense that is described in Section 3g, Article 42.12, Code of |
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Criminal Procedure; or |
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(B) in a persistent vegetative state or being a |
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person with an organic brain syndrome with significant to total |
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mobility impairment, if the inmate is an inmate who has a reportable |
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conviction or adjudication under Chapter 62, Code of Criminal |
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Procedure; |
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(2) the parole panel determines that, based on the |
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inmate's condition and a medical evaluation, the inmate does not |
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constitute a threat to public safety; and |
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(3) the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments, in cooperation with the pardons and |
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paroles division, has prepared for the inmate a medically |
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recommended intensive supervision plan that requires the inmate to |
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submit to electronic monitoring, places the inmate on |
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super-intensive supervision, or otherwise ensures appropriate |
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supervision of the inmate. |
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SECTION 2. This Act takes effect September 1, 2007. |