80R3051 HLT-D
 
  By: Whitmire S.B. No. 838
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the revocation or modification of a person's parole.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 508.283, Government Code, is amended by
amending Subsections (a) and (e) and adding Subsections (e-1), (f),
and (g) to read as follows:
       (a)  After a parole panel or designated agent of the board
has held a hearing under Section 508.281, in any manner warranted by
the evidence:
             (1)  the board may recommend to the governor to
continue, revoke, or modify the conditional pardon; and
             (2)  except as provided by Subsection (g), a parole
panel may continue, revoke, or modify the parole or mandatory
supervision.
       (e)  If a person's parole or mandatory supervision is
modified after it is established that the person violated
conditions of release, the parole panel [board] may require the
releasee to remain under custodial supervision in a county jail for
a period of not less than 60 days or more than 180 days. The parole
panel may require a person to remain under custodial supervision
under this subsection each time the board modifies the person's
parole or mandatory supervision.
       (e-1)  A sheriff is required to accept an inmate sanctioned
under Subsection (e) [this subsection] only if the commissioners
court of the county in which the sheriff serves and the Texas
Department of Criminal Justice have entered into a contract
providing for the housing of persons sanctioned under this
subsection.
       (f)  If a person's parole or mandatory supervision is
modified and the parole panel requires the person to serve a term of
confinement and treatment in a substance abuse treatment facility
operated under Section 493.009 as a condition of the modification,
the term must be not less than 180 days and not more than one year.
       (g)  A parole panel may not revoke a person's parole or
mandatory supervision under this section if the person:
             (1)  committed only an administrative violation of a
condition of release; or
             (2)  has been adjudicated guilty of or has pleaded
guilty or nolo contendere to an offense punishable as a misdemeanor
that is committed after release.
       SECTION 2.  Subchapter I, Chapter 508, Government Code, is
amended by adding Section 508.285 to read as follows:
       Sec. 508.285.  SANCTION:  CONFINEMENT IN INTERMEDIATE
SANCTION FACILITY.  (a)  After a hearing under Section 508.281, if a
parole panel modifies a person's parole or mandatory supervision
because the person violated the person's conditions of release, the
panel may require the person to remain under custodial supervision
in an intermediate sanction facility operated by or under contract
with the department for a term of not less than 60 days or more than
one year.
       (b)  A parole panel may require a person to remain under
custodial supervision as described by Subsection (a) each time the
panel modifies the person's parole or mandatory supervision.
       SECTION 3.  The change in law made by this Act applies only
to a determination by a parole panel made on or after the effective
date of this Act. A determination made before the effective date of
this Act is covered by the law in effect on the date the
determination was made, and the former law is continued in effect
for that purpose.
       SECTION 4.  This Act takes effect September 1, 2007.