BILL ANALYSIS

C.S.H.B. 200

By: Parker

Corrections

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The Texas Department of Criminal Justice (TDCJ) is required by statute to provide notice on the release of certain inmates to specified law enforcement officials, court personnel, judges, and attorneys. Historically, TDCJ has delivered these notices by fax or U.S. mail. C.S.H.B. 200 requires TDCJ to provide the required notice of the release of certain inmates by e-mail or other electronic communication.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 200 amends the Government Code to require the use of e-mail or other electronic communication by the Texas Department of Criminal Justice (TDCJ) in providing the following:

· notice on the release of an inmate who discharges the inmate's sentence or on the release of an inmate on parole or to mandatory supervision to the clerk of the court in which the inmate was convicted

· notice of a parole panel's proposed release of an inmate under provisions of law relating to population management to the sheriff, the attorney representing the state, and the district judge of the county in which the defendant was convicted and, if there was a change of venue in the case, the notice to those persons in the county in which the prosecution originated

· notice on the release of an inmate determined by TDCJ to be a member of a security threat group to the sheriff of the county to which the inmate is released and, if the inmate is released to a municipality, to the chief of police for that municipality.

C.S.H.B. 200 requires the use of e-mail or other electronic communication by the pardons and paroles division of TDCJ in providing the following:

· notice that a parole panel is considering releasing an inmate on parole or that the governor is considering granting an inmate clemency to the sheriffs, each chief of police, the prosecuting attorneys, and the district judges in the county in which the inmate was convicted and the county to which the inmate is released and, in a case in which there was a change of venue, the same notice to the sheriff, the prosecuting attorney, and the district judge in the county in which the prosecution originated if those officials request such notice by a certain time; 

· notice that a parole panel has ordered the transfer of an inmate to a halfway house to the sheriff of the county in which the inmate was convicted, the sheriff of and each chief of police in the county in which the halfway house is located and the attorney who represents the state in the prosecution of felonies in the county in which the halfway house is located

· notice to the sheriff of any county in which the total number of sex offenders under the supervision and control of the division residing in the county exceeds 10 percent of the total number of sex offenders in Texas under the supervision and control of the division of that fact.

EFFECTIVE DATE

September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 200 differs from the original by requiring the notices issued by the Texas Department of Criminal Justice (TDCJ) and by the pardon and paroles division of TDCJ on the release of certain inmates to be provided through e-mail or other electronic communication, whereas the original authorizes the notices to be provided in that manner.