Amend CSSB 1811 (house committee printing) by adding the following appropriately numbered ARTICLE to the bill and renumbering subsequent ARTICLES and SECTIONS of the bill accordingly:
ARTICLE ____. PROVISIONS RELATING TO THE CORRECTIONAL SYSTEM
SECTION ____.01. Article 42.12, Code of Criminal Procedure, is amended by adding Section 23A to read as follows:
Sec. 23A. ALTERNATIVE REVOCATION PROCEDURE. (a) This section applies only to a defendant who:
(1) is convicted of a felony other than:
(A) a state jail felony; or
(B) a felony listed in Section 22(a)(4); and
(2) at a hearing under Section 21 is determined by the judge to:
(A) have violated a condition of community supervision other than the commission of an offense punishable by confinement; and
(B) not be a proper candidate for continuation or modification of community supervision under Section 22.
(b) If the community supervision of a defendant to whom this section applies is revoked after a hearing under Section 21, the judge shall, as an alternative to the procedure provided by Section 23, dispose of the case as if there had been no community supervision and sentence the defendant to the custody of the Texas Department of Criminal Justice for the term of imprisonment originally assessed, except that the jurisdiction of the court continues for 365 days after the date the execution of the sentence actually begins.
(c) Not later than the 300th day after the date on which the defendant is received into the custody of the Texas Department of Criminal Justice, the department shall send the convicting court the record of the defendant's conduct and conformity to department rules, including a specific statement as to whether or not the defendant has committed a major disciplinary violation or an offense while imprisoned.
(d) On receipt of the report from the Texas Department of Criminal Justice, but not earlier than the 330th day or later than the 365th day after the date on which the defendant is received into the custody of the Texas Department of Criminal Justice, if in the opinion of the judge the defendant would not benefit from further imprisonment, the judge of the convicting court shall suspend further execution of the sentence imposed and place the defendant on community supervision under the terms and conditions of this article unless the record provided under Subsection (c) indicates that the defendant has committed a major disciplinary violation or an offense.
SECTION ____.02. Section 23A, Article 42.12, Code of Criminal Procedure, as added by this article, applies only to a person who is initially placed on community supervision on or after the effective date of this Act.