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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of certain inmates on medically recommended |
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intensive supervision or on super-intensive supervision parole. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 508, Government Code, is |
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amended by adding Sections 508.1451 and 508.1459 to read as |
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follows: |
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Sec. 508.1451. MANDATORY RELEASE OF CERTAIN ELDERLY |
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INMATES. (a) For purposes of this section, "elderly inmate" means |
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an inmate who is 55 years of age or older. |
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(b)(1) Not later than an elderly inmate's initial parole |
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eligibility date computed under Section 508.145, a parole panel |
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shall order the release of the inmate on super-intensive |
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supervision parole under Section 508.317. |
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(2) This subsection does not apply to an elderly |
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inmate who is: |
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(A) serving a sentence for an offense described |
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by Section 508.145(a); |
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(B) serving a sentence for an offense described |
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by Section 3g(a), Article 42.12, Code of Criminal Procedure; |
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(C) serving a sentence for an offense under |
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Section 21.12, Penal Code; or |
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(D) described by Subsection (c). |
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(c) A parole panel may not release an otherwise eligible |
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elderly inmate under this section if the inmate is the subject of |
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major disciplinary action within the 60-day period preceding the |
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inmate's scheduled release date. |
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(d) The board shall adopt a policy establishing the date on |
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which a parole panel may reconsider for release an elderly inmate |
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who has previously been denied release under Subsection (c). The |
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policy must require the parole panel to at least annually |
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reconsider the elderly inmate for release as soon as practicable |
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after each anniversary of the date of denial. |
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Sec. 508.1459. MANDATORY RELEASE OF CERTAIN INMATES ON |
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MEDICALLY RECOMMENDED INTENSIVE SUPERVISION. (a) A parole panel |
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shall release on medically recommended intensive supervision any |
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inmate other than an inmate who is serving a sentence of death or |
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life without parole, regardless of the inmate's initial parole |
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eligibility date computed under Section 508.145, if on the basis of |
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a medical examination approved by at least two physicians the Texas |
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Correctional Office on Offenders with Medical or Mental Impairments |
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identifies the inmate as: |
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(1) being terminally ill; |
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(2) having a condition requiring long-term care; |
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(3) being in a persistent vegetative state; or |
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(4) having an organic brain syndrome with significant |
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to total mobility impairment. |
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(b) Before releasing an inmate under Subsection (a), the |
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Texas Correctional Office on Offenders with Medical or Mental |
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Impairments, in cooperation with the department, shall prepare for |
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the inmate a medically recommended supervision plan that requires |
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the inmate to submit to electronic monitoring, places the inmate on |
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super-intensive supervision, or otherwise ensures appropriate |
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supervision of the inmate. |
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(c) A parole panel releasing an inmate under Subsection (a) |
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shall require as a condition of release that the releasee remain |
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under the care of a physician and in a medically suitable placement. |
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At least once each calendar quarter, the Texas Correctional Office |
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on Offenders with Medical or Mental Impairments shall report to the |
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parole panel on the releasee's medical and placement status. On the |
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basis of the report, the parole panel may modify conditions of |
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release and impose any condition on the releasee that the panel |
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could impose on a releasee released under Section 508.145. |
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SECTION 2. The heading to Section 508.146, Government Code, |
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is amended to read as follows: |
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Sec. 508.146. DISCRETIONARY RELEASE OF CERTAIN INMATES ON |
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MEDICALLY RECOMMENDED INTENSIVE SUPERVISION. |
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SECTION 3. Sections 508.146(a), (b), and (e), Government |
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Code, are amended to read as follows: |
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(a) An inmate other than an inmate who is serving a sentence |
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of death or life without parole may be released on medically |
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recommended intensive supervision on a date designated by a parole |
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panel described by Subsection (e)[, except that an inmate with an
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instant offense that is an offense described in Section 3g, Article
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42.12, Code of Criminal Procedure, or an inmate who has a reportable
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conviction or adjudication under Chapter 62, Code of Criminal
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Procedure, may only be considered if a medical condition of
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terminal illness or long-term care has been diagnosed by a
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physician,] if: |
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(1) the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments, in cooperation with the Correctional |
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Managed Health Care Committee, identifies the inmate as [being]: |
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(A) being 55 years of age or older; |
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(B) having a physical disability; or |
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(C) being a person with a mental illness or |
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mental retardation [elderly, physically disabled, mentally ill,
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terminally ill, or mentally retarded or having a condition
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requiring long-term care, if the inmate is an inmate with an instant
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offense that is described in Section 3g, Article 42.12, Code of
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Criminal Procedure; or
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[(B)
in a persistent vegetative state or being a
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person with an organic brain syndrome with significant to total
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mobility impairment, if the inmate is an inmate who has a reportable
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conviction or adjudication under Chapter 62, Code of Criminal
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Procedure]; |
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(2) the suitability of the inmate for release on |
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medically recommended intensive supervision, based on a medical |
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examination of the inmate, has been approved by a panel of at least |
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two physicians; |
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(3) the parole panel determines that, based on the |
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inmate's condition and a medical evaluation, the inmate does not |
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constitute a threat to public safety; and |
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(4) [(3)] the Texas Correctional Office on Offenders |
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with Medical or Mental Impairments, in cooperation with the |
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department [pardons and paroles division], has prepared for the |
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inmate a medically recommended intensive supervision plan that |
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requires the inmate to submit to electronic monitoring, places the |
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inmate on super-intensive supervision, or otherwise ensures |
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appropriate supervision of the inmate. |
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(b) An inmate may be released on medically recommended |
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intensive supervision only if the inmate's medically recommended |
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intensive supervision plan under Subsection (a)(4) [(a)(3)] is |
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approved by the Texas Correctional Office on Offenders with Medical |
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or Mental Impairments. |
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(e) Only parole panels composed of the presiding officer of |
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the board and two members appointed to the panel by the presiding |
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officer may make determinations regarding the release of inmates on |
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medically recommended intensive supervision under Subsection (a) |
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or of inmates released pending deportation. If the Texas Council on |
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Offenders with Mental Impairments identifies an inmate as a |
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candidate for release under the guidelines established by |
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Subsection (a) [(a)(1)], the council shall present to a parole |
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panel described by this subsection relevant information concerning |
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the inmate and the inmate's potential for release under this |
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section. |
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SECTION 4. Not later than January 1, 2012, the Texas |
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Department of Criminal Justice shall release on supervision: |
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(1) any elderly inmate eligible for release under |
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Section 508.1451, Government Code, as added by this Act, with |
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respect to whom a parole panel has not denied release on parole |
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under that section; and |
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(2) any inmate identified for release under Section |
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508.1459, Government Code, as added by this Act. |
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SECTION 5. Section 508.146, Government Code, as amended by |
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this Act, applies to the release of an inmate under that section on |
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or after the effective date of this Act, regardless of when the |
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offense for which the inmate is serving a sentence was committed. |
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SECTION 6. This Act takes effect September 1, 2011. |