| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the establishment of an electronic monitoring pilot |
|
|
program by the Texas Department of Criminal Justice. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 493, Government Code, is amended by |
|
|
adding Section 493.033 to read as follows: |
|
|
Sec. 493.033. ELECTRONIC MONITORING PILOT PROGRAM. (a) |
|
|
The department shall establish an electronic monitoring pilot |
|
|
program in a county with a population of more than one million and |
|
|
in which more than 80 percent of the population resides in a single |
|
|
municipality. |
|
|
(b) The following individuals are eligible to participate |
|
|
in the electronic monitoring pilot program: |
|
|
(1) an individual who is placed on community |
|
|
supervision under Section 15, Article 42.12, Code of Criminal |
|
|
Procedure; and |
|
|
(2) an individual who: |
|
|
(A) has not been convicted of an offense |
|
|
described by Section 3g, Article 42.12, Code of Criminal Procedure; |
|
|
(B) has been placed on community supervision or |
|
|
released on parole or to mandatory supervision, if a motion has been |
|
|
filed or a warrant issued to revoke the individual's community |
|
|
supervision, parole, or mandatory supervision for a technical |
|
|
violation of the individual's conditions of community supervision |
|
|
or release; and |
|
|
(C) has not previously been the subject of a |
|
|
motion or warrant described by Paragraph (B). |
|
|
(c) The electronic monitoring pilot program established |
|
|
under this section must: |
|
|
(1) require: |
|
|
(A) for all program participants, the use of |
|
|
active global positioning satellite technology with a single, |
|
|
continuously worn tracking device; and |
|
|
(B) for program participants who have been placed |
|
|
on community supervision or released on parole or to mandatory |
|
|
supervision for an offense in which the use of alcohol or a |
|
|
controlled substance significantly contributed to the commission |
|
|
of the offense, appropriate alcohol or substance abuse treatment; |
|
|
and |
|
|
(2) provide for the use of global positioning |
|
|
satellite technology that is: |
|
|
(A) capable of automatically correlating crime |
|
|
scene information, integrating law enforcement data from across the |
|
|
state, and interfacing with local and state law enforcement |
|
|
databases and computerized information management systems; and |
|
|
(B) provided under contract with the department |
|
|
by a vendor that: |
|
|
(i) is the original equipment manufacturer |
|
|
of the global positioning satellite device to be used in the pilot |
|
|
program; and |
|
|
(ii) at the time of entering the contract |
|
|
with the department, has 1,000 or more devices in operation under |
|
|
contract with another state agency or political subdivision of the |
|
|
state. |
|
|
(d) The department shall adopt rules as necessary to |
|
|
implement the electronic monitoring pilot program established |
|
|
under this section. |
|
|
(e) This section expires September 1, 2011. |
|
|
SECTION 2. The Texas Department of Criminal Justice shall |
|
|
establish the electronic monitoring pilot program as required by |
|
|
Section 493.033, Government Code, as added by this Act, not later |
|
|
than September 1, 2009. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |