| |
|
|
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. |
|
|
This subsection does not apply to a sex offender or an inmate under |
|
|
super-intensive supervision parole under Section 508.317(d). |
|
|
(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. This subsection does not apply to a sex offender or an |
|
|
inmate under super-intensive supervision parole under Section |
|
|
508.317(d). |
|
|
(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. |
|
|
|
|
|
* * * * * |