82R24583 MAW-D

By: White H.B. No. 3366

Substitute the following for H.B. No. 3366:

By: White C.S.H.B. No. 3366

A BILL TO BE ENTITLED

AN ACT

relating to the placement of certain state jail felons on community supervision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 15(h)(1), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(1) A defendant confined in a state jail felony facility does not earn good conduct time for time served in the facility but may be released or transferred to community supervision in accordance with Subsection (m).

SECTION 2. Section 15, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (m) to read as follows:

(m)(1) This subsection applies only to a defendant who:

(A) is serving a sentence in a state jail felony facility for an offense that is punished under Section 12.35(a), Penal Code, other than an offense listed in or described by Subsection (a)(1);

(B) is not a member of a security threat group; and

(C) has not been previously convicted of a felony listed in or described by Section 3g or any offense listed in Article 62.001(5).

(2) Not later than the 30th day before the date on which a defendant described by Subdivision (1) will have served 75 percent of the defendant's sentence, the facility director of the state jail felony facility in which the defendant is confined shall report to the sentencing court on the defendant's conduct and programmatic progress while confined in the facility.

(3) On receipt of a report under Subdivision (2), the judge of the sentencing court may:

(A) suspend further execution of the sentence and place the defendant on community supervision in any manner otherwise authorized under this article if the judge determines that the defendant:

(i) has successfully completed, or substantially complied with the requirements of, any substance abuse treatment program or any industrial, work, agricultural, educational, or vocational program in which the defendant participated; and

(ii) has not been the subject of major disciplinary action while confined in the state jail felony facility; or

(B) order that the defendant remain confined in the state jail felony facility for the remainder of the defendant's sentence.

(4) If a judge places a defendant on community supervision under Subdivision (3)(A), the judge may impose any condition of community supervision or take any other action during the period of community supervision, including extending a period of community supervision, that the judge is otherwise authorized to impose or take under this article.

(5) If, on the date that a defendant described by Subdivision (1) has served 75 percent of the defendant's sentence, the judge of the sentencing court has not acted under Subdivision (3), the director of the state jail felony facility in which the defendant is confined shall release the defendant.

SECTION 3. The change in law made by this Act applies to a person confined in a state jail felony facility on or after the effective date of this Act, regardless of when the offense for which the person is serving a sentence was committed.

SECTION 4. This Act takes effect September 1, 2011.