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A BILL TO BE ENTITLED
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AN ACT
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relating to the revocation or modification of parole or mandatory |
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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 508.283, Government Code, is amended by |
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amending Subsections (a) and (e) and adding Subsections (e-1), (f), |
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(g), and (h) to read as follows: |
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(a) After a parole panel or designated agent of the board |
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has held a hearing under Section 508.281, in any manner warranted by |
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the evidence: |
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(1) the board may recommend to the governor to |
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continue, revoke, or modify the conditional pardon; and |
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(2) except as provided by Subsection (g), a parole |
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panel may continue, revoke, or modify the parole or mandatory |
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supervision. |
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(e) If a person's parole or mandatory supervision is |
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modified after it is established that the person violated |
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conditions of release, the parole panel [board] may require the |
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releasee to remain under custodial supervision in a county jail for |
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a period of not less than 60 days or more than 180 days. The parole |
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panel may require a person to remain under custodial supervision |
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under this subsection each time the board modifies the person's |
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parole or mandatory supervision. |
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(e-1) A sheriff is required to accept an inmate sanctioned |
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under Subsection (e) [this subsection] only if the commissioners |
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court of the county in which the sheriff serves and the Texas |
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Department of Criminal Justice have entered into a contract |
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providing for the housing of persons sanctioned under this |
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subsection. |
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(f) If a person's parole or mandatory supervision is |
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modified and the parole panel requires the person to serve a term of |
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confinement and treatment in a substance abuse treatment facility |
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operated under Section 493.009 as a condition of the modification, |
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the term must be not less than 180 days and not more than one year. |
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This subsection does not apply to a sex offender or an inmate under |
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super-intensive supervision parole under Section 508.317(d). |
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(g) Except as provided by Subsection (h), a parole panel may |
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not revoke a person's parole or mandatory supervision under this |
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section if the person: |
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(1) committed only an administrative violation of a |
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condition of release; or |
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(2) has been adjudicated guilty of or has pleaded |
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guilty or nolo contendere to an offense punishable as a misdemeanor |
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that is committed after release. |
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(h) A parole panel may revoke a person's parole or mandatory |
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supervision under this section if the person: |
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(1) has failed to report to the parole officer |
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supervising the person for a period of at least one year; or |
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(2) is arrested outside of this state on a warrant |
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issued under Section 508.251. |
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SECTION 2. Subchapter I, Chapter 508, Government Code, is |
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amended by adding Section 508.285 to read as follows: |
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Sec. 508.285. SANCTION: CONFINEMENT IN INTERMEDIATE |
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SANCTION FACILITY. (a) After a hearing under Section 508.281, if |
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a parole panel modifies a person's parole or mandatory supervision |
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because the person violated the person's conditions of release, the |
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panel may require the person to remain under custodial supervision |
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in an intermediate sanction facility operated by or under contract |
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with the department for a term of not less than 60 days or more than |
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one year. This subsection does not apply to a sex offender or an |
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inmate under super-intensive supervision parole under Section |
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508.317(d). |
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(b) A parole panel may require a person to remain under |
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custodial supervision as described by Subsection (a) each time the |
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panel modifies the person's parole or mandatory supervision. |
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SECTION 3. The change in law made by this Act applies only |
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to a determination by a parole panel made on or after the effective |
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date of this Act. A determination made before the effective date of |
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this Act is covered by the law in effect on the date the |
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determination was made, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |