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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement of certain state jail felons on community |
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supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15(h)(1), Article 42.12, Code of |
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Criminal Procedure, is amended to read as follows: |
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(1) A defendant confined in a state jail felony |
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facility does not earn good conduct time for time served in the |
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facility but may be released or transferred to community |
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supervision in accordance with Subsection (m). |
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SECTION 2. Section 15, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (m) to read as follows: |
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(m)(1) This subsection applies only to a defendant who: |
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(A) is serving a sentence in a state jail felony |
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facility for an offense that is punished under Section 12.35(a), |
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Penal Code, other than an offense listed in or described by |
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Subsection (a)(1); |
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(B) is not a member of a security threat group; |
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and |
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(C) has not been previously convicted of a felony |
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listed in or described by Section 3g or any offense listed in |
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Article 62.001(5). |
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(2) Not later than the 30th day before the date on |
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which a defendant described by Subdivision (1) will have served 75 |
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percent of the defendant's sentence, the facility director of the |
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state jail felony facility in which the defendant is confined shall |
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report to the sentencing court on the defendant's conduct and |
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programmatic progress while confined in the facility. |
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(3) On receipt of a report under Subdivision (2), the |
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judge of the sentencing court may: |
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(A) suspend further execution of the sentence and |
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place the defendant on community supervision in any manner |
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otherwise authorized under this article if the judge determines |
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that the defendant: |
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(i) has successfully completed, or |
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substantially complied with the requirements of, any substance |
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abuse treatment program or any industrial, work, agricultural, |
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educational, or vocational program in which the defendant |
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participated; and |
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(ii) has not been the subject of major |
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disciplinary action while confined in the state jail felony |
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facility; or |
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(B) order that the defendant remain confined in |
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the state jail felony facility for the remainder of the defendant's |
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sentence. |
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(4) If a judge places a defendant on community |
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supervision under Subdivision (3)(A), the judge may impose any |
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condition of community supervision or take any other action during |
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the period of community supervision, including extending a period |
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of community supervision, that the judge is otherwise authorized to |
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impose or take under this article. |
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(5) If, on the date that a defendant described by |
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Subdivision (1) has served 75 percent of the defendant's sentence, |
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the judge of the sentencing court has not acted under Subdivision |
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(3), the director of the state jail felony facility in which the |
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defendant is confined shall release the defendant. |
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SECTION 3. The change in law made by this Act applies to a |
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person confined in a state jail felony facility on or after the |
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effective date of this Act, regardless of when the offense for which |
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the person is serving a sentence was committed. |
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SECTION 4. This Act takes effect September 1, 2011. |