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A BILL TO BE ENTITLED
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AN ACT
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relating to certain matters affecting the supervision of persons |
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released from the Texas Department of Criminal Justice and to |
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certain hearings conducted concerning persons released from the |
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Texas Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.040(a), Government Code, is amended |
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to read as follows: |
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(a) The presiding officer is responsible for the employment |
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and supervision of: |
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(1) parole commissioners; |
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(2) a general counsel to the board; |
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(3) a board administrator to manage the day-to-day |
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activities of the board; |
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(4) hearing officers; |
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(5) institutional parole officers; |
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(6) personnel to assist in clemency and hearing |
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matters; and |
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(7) [(6)] secretarial or clerical personnel. |
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SECTION 2. Section 508.0441(a), Government Code, is amended |
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to read as follows: |
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(a) Board members and parole commissioners shall determine: |
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(1) which inmates are to be released on parole or |
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mandatory supervision; |
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(2) conditions of parole or mandatory supervision, |
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including special conditions; |
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(3) the modification and withdrawal of conditions of |
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parole or mandatory supervision; and |
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(4) [which releasees may be released from supervision
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and reporting; and
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[(5)] the continuation, modification, and revocation |
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of parole or mandatory supervision. |
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SECTION 3. Section 508.045, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) A parole panel may: |
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(1) grant, deny, or revoke parole; |
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(2) deny release to mandatory supervision, under |
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Section 508.149(b), or revoke mandatory supervision; [and] |
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(3) conduct parole revocation hearings and mandatory |
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supervision revocation hearings; and |
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(4) conduct hearings concerning whether, as a |
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condition of release on parole or to mandatory supervision, a |
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releasee who does not have a reportable conviction or adjudication, |
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as defined by Article 62.001(5), Code of Criminal Procedure, must |
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comply with any sex offender restrictions, including, if |
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applicable, registering as a sex offender under Chapter 62, Code of |
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Criminal Procedure. |
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(d) A parole panel or a designated agent of the board may |
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conduct a hearing described by Subsection (c)(3) or (4). |
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SECTION 4. Section 508.224, Government Code, is amended to |
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read as follows: |
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Sec. 508.224. SUBSTANCE ABUSE COUNSELING. A parole panel |
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may require as a condition of parole or mandatory supervision that |
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the releasee attend counseling sessions for substance abusers or |
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participate in substance abuse treatment services in a program or |
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facility approved or licensed by the Department of State Health |
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Services [Texas Commission on Alcohol and Drug Abuse] if: |
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(1) the releasee was sentenced for an offense |
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involving a controlled substance; or |
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(2) the panel determines that the releasee's substance |
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abuse was related to the commission of the offense. |
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SECTION 5. Section 508.283(a), Government Code, is amended |
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to read as follows: |
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(a) If a releasee waives the releasee's right to a hearing |
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or, if a releasee does not waive the releasee's right to a hearing, |
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after [After] a parole panel or designated agent of the board has |
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held a hearing under Section 508.281, in any manner warranted by the |
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evidence: |
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(1) the board may recommend to the governor to |
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continue, revoke, or modify the conditional pardon; and |
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(2) a parole panel may continue, revoke, or modify the |
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parole or mandatory supervision. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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