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A BILL TO BE ENTITLED
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AN ACT
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relating to the notification of the release of certain inmates |
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given to certain courts, law enforcement agencies, and the United |
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States Social Security Administration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 493.025, Government Code, is amended to |
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read as follows: |
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Sec. 493.025. NOTIFICATION OF COURT OF RELEASE. On release |
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of an inmate who discharges the inmate's sentence or on release of |
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an inmate on parole or to mandatory supervision, the department |
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promptly shall notify the clerk of the court in which the inmate was |
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convicted of that fact. The notice must be provided by e-mail or |
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other electronic communication. |
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SECTION 2. Chapter 493, Government Code, is amended by |
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adding Section 493.030 to read as follows: |
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Sec. 493.030. NOTICE TO SOCIAL SECURITY ADMINISTRATION. |
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(a) The department shall notify the United States Social Security |
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Administration of the release or discharge of a prisoner who: |
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(1) immediately before the prisoner's confinement in a |
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state correctional facility, was receiving: |
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(A) Supplemental Security Income (SSI) benefits |
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under 42 U.S.C. Section 1381 et seq.; or |
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(B) Social Security Disability Insurance (SSDI) |
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benefits under 42 U.S.C. Section 401 et seq.; and |
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(2) before the release or discharge, was confined in |
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the facility for a period of less than 12 consecutive months. |
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(b) The department shall provide the notice described by |
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Subsection (a) to the United States Social Security Administration |
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by mail and electronically immediately on the prisoner's release or |
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discharge from custody. The department shall provide a copy of the |
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notice to the prisoner at the time of the prisoner's release or |
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discharge. |
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SECTION 3. Section 499.026(d), Government Code, is amended |
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to read as follows: |
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(d) Not later than the 10th day before the date on which a |
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parole panel proposes to release an inmate under this subchapter, |
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the department shall give notice of the proposed release to the |
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sheriff, the attorney representing the state, and the district |
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judge of the county in which the defendant was convicted. If there |
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was a change of venue in the case, the department shall also notify |
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the sheriff, the attorney representing the state, and the district |
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judge of the county in which the prosecution was originated. Any |
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notice required by this subsection must be provided by e-mail or |
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other electronic communication. |
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SECTION 4. Section 499.051(a), Government Code, is amended |
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to read as follows: |
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(a) On the release of an inmate determined by the department |
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to be a member of a security threat group, the department shall |
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notify the sheriff of the county to which the inmate is released |
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and, if the inmate is released to a municipality, the chief of |
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police for that municipality. The notice must state the date on |
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which the inmate was released and state that the inmate has been |
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determined by the department to be a member of a security threat |
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group. The notice must be provided by e-mail or other electronic |
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communication. |
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SECTION 5. Section 508.115, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The notice must be provided by e-mail or other |
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electronic communication. |
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SECTION 6. Section 508.181(g), Government Code, is amended |
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to read as follows: |
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(g) The division shall, on the first working day of each |
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month, notify the sheriff of any county in which the total number of |
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sex offenders under the supervision and control of the division |
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residing in the county exceeds 10 percent of the total number of sex |
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offenders in the state under the supervision and control of the |
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division. The notice must be provided by e-mail or other electronic |
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communication. If the total number of sex offenders under the |
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supervision and control of the division residing in a county |
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exceeds 22 percent of the total number of sex offenders in the state |
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under the supervision and control of the division, a parole panel |
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may require a sex offender to reside in that county only as required |
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by Subsection (a) or for the reason stated in Subsection (b)(2)(B). |
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In this subsection, "sex offender" means a person who is released on |
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parole or to mandatory supervision after serving a sentence for an |
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offense described by Section 508.187(a). |
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SECTION 7. Subchapter C, Chapter 351, Local Government |
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Code, is amended by adding Section 351.045 to read as follows: |
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Sec. 351.045. NOTICE TO SOCIAL SECURITY ADMINISTRATION. |
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(a) The sheriff of a county shall notify the United States Social |
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Security Administration of the release or discharge of a prisoner |
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who: |
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(1) immediately before the prisoner's confinement in |
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the county jail, was receiving: |
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(A) Supplemental Security Income (SSI) benefits |
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under 42 U.S.C. Section 1381 et seq.; or |
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(B) Social Security Disability Insurance (SSDI) |
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benefits under 42 U.S.C. Section 401 et seq.; and |
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(2) before the release or discharge, was confined in |
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the facility for a period of less than 12 consecutive months. |
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(b) The sheriff shall provide the notice described by |
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Subsection (a) to the United States Social Security Administration |
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by mail and electronically immediately on the prisoner's release or |
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discharge from custody. The sheriff shall provide a copy of the |
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notice to the prisoner at the time of the prisoner's release or |
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discharge. |
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(c) The county or sheriff, or an employee of the county or |
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sheriff, is not liable in a civil action for damages resulting from |
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a failure to comply with this section. |
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SECTION 8. Section 493.030, Government Code, as added by |
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this Act, and Section 351.045, Local Government Code, as added by |
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this Act, apply to the release or discharge of a prisoner from a |
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state correctional facility or county jail, as applicable, that |
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occurs on or after the effective date of this Act, regardless of the |
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date the prisoner was initially confined in the state correctional |
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facility or county jail. |
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SECTION 9. This Act takes effect September 1, 2011. |
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