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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of inmates in the custody of the Texas |
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Department of Criminal Justice on parole or other forms of |
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supervised release. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.045(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Sections [Section] 508.046 and |
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508.1451, board members and parole commissioners shall act in
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panels composed of three in matters of: |
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(1) release on parole; |
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(2) release to mandatory supervision; and |
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(3) revocation of parole or mandatory supervision. |
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SECTION 2. Chapter 508, Government Code, is amended by |
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adding Section 508.1451 to read as follows: |
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Sec. 508.1451. RELEASE ON PAROLE 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 65 years of age or older. |
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(b) Except as otherwise provided by this section, the |
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department shall release on parole any elderly inmate, other than |
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an inmate ineligible for parole under Section 508.145(a), not later |
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than the inmate's initial parole eligibility date computed under |
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Section 508.145. |
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(c) The presiding officer shall appoint a six-member panel |
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to determine issues regarding the release on parole of elderly |
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inmates under this section. To deny the release on parole of an |
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elderly inmate under this section, at least four members of the |
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panel must vote against the release. |
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(d) To assist the panel in making appropriate |
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determinations under this section, the board shall contract with a |
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public or private entity to prepare and submit to the board, not |
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later than the 90th day before the inmate's release date under |
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Subsection (b), written recommendations based on the opinions of |
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not less than two licensed physicians regarding the elderly inmate |
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and any health issues affecting the inmate. A member of the panel |
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may vote for or against the inmate's release on parole only after |
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the member has reviewed any written recommendations that are timely |
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submitted to the board under this subsection. |
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(e) The board shall consider an elderly inmate for release |
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on parole under this section not later than the 60th day before the |
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inmate's initial parole eligibility date computed under Section |
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508.145. The board shall adopt a policy establishing the date on |
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which the board may reconsider for release an inmate who has |
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previously been denied release under this section. The policy must |
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require the board to at least annually reconsider the inmate for |
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release as soon as practicable after each anniversary of the date of |
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denial. |
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SECTION 3. Section 508.146(a), Government Code, is amended |
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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: |
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(A) being[: |
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[(A)] elderly, having a physical disability or |
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terminal illness, or being a person with a mental illness or mental |
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retardation; |
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(B) [physically disabled, mentally ill, |
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terminally ill, or mentally retarded or] having a medical 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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(C) being [(B)] in a persistent vegetative state
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or being a person with an organic brain syndrome with significant to |
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total mobility impairment, if the inmate is an inmate who has a |
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reportable conviction or adjudication under Chapter 62, Code of |
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Criminal Procedure; |
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(2) 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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(3) the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments, in cooperation with the pardons and |
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paroles division, has prepared for the inmate a medically |
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recommended intensive supervision plan that requires the inmate to |
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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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SECTION 4. Section 508.149, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) Subsection (b) does not apply to an inmate who is |
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serving a sentence for an offense under Chapter 481, Health and |
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Safety Code. |
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SECTION 5. Section 508.283, Government Code, is amended by |
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amending Subsections (a), (c), and (e) and adding Subsections |
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(e-1), (f), (g), and (h) to read as follows: |
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(a) After a parole panel or designated agent of the board |
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has held a hearing under Section 508.281, in any manner warranted by |
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the 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) except as provided by Subsection (g), a parole
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panel may continue, revoke, or modify the parole or mandatory |
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supervision. |
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(c) If the parole, mandatory supervision, or conditional |
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pardon of a person [other than a person described by Section |
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508.149(a)] is revoked, the person may be required to serve the
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remaining portion of the sentence on which the person was released. |
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The [For a person who on the date of issuance of a warrant or summons |
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initiating the revocation process is subject to a sentence the |
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remaining portion of which is greater than the amount of time from |
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the date of the person's release to the date of issuance of the |
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warrant or summons, the] remaining portion of the sentence is to be
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served with [without] credit for the time from the date of the
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person's release to the date of the violation that resulted in the
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revocation. [For a person who on the date of issuance of the warrant |
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or summons is subject to a sentence the remaining portion of which |
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is less than the amount of time from the date of the person's |
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release to the date of issuance of the warrant or summons, the |
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remaining portion is to be served without credit for an amount of |
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time equal to the remaining portion of the sentence on the date of |
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issuance of the warrant or citation.]
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(e) If a person's parole or mandatory supervision is |
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modified after it is established that the person violated |
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conditions of release, the parole panel [beard] may require the
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releasee to remain under custodial supervision in a county jail for |
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a period of not less than 60 days or more than 180 days. The parole |
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panel may require a person to remain under custodial supervision |
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under this subsection each time the board modifies the person's |
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parole or mandatory supervision. |
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(e-1) A sheriff is required to accept an inmate sanctioned
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under Subsection (e) [this subsection] only if the commissioners
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court of the county in which the sheriff serves and the Texas |
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Department of Criminal Justice have entered into a contract |
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providing for the housing of persons sanctioned under that [this]
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subsection. |
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(f) If a person's parole or mandatory supervision is |
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modified and the parole panel requires the person to serve a term of |
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confinement and treatment in a substance abuse treatment facility |
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operated under Section 493.009 as a condition of the modification, |
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the term must be not less than 180 days and not more than one year. |
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This subsection does not apply to a releasee required to register as |
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a sex offender under Chapter 62, Code of Criminal Procedure, or to a |
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releasee in the super-intensive supervision program under Section |
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508.317(d). |
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(g) This subsection applies only to a person released on |
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parole or to mandatory supervision after serving a sentence for an |
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offense other than an offense listed under Section 3g(a)(1), |
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Article 42.12, Code of Criminal Procedure, or an offense the |
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judgment for which contains an affirmative finding under Section |
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3g(a)(2), Article 42.12, Code of Criminal Procedure. A parole |
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panel may not revoke a person's parole or mandatory supervision |
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under this section if the person: |
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(1) committed only an administrative violation of a |
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condition of release; or |
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(2) has been adjudicated guilty of or has pleaded |
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guilty or nolo contendere to an offense punishable as a misdemeanor |
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that is committed after release, other than an offense under |
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Section 545.421, Transportation Code. |
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(h) Notwithstanding Subsection (g) a parole panel may |
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revoke a person's parole or mandatory supervision under this |
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section if the person: |
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(1) has failed to report to the parole officer |
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supervising the person for a period of at least one year; or |
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(2) is arrested outside of this state on a warrant |
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issued under Section 508.251. |
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SECTION 6. Subchapter I, Chapter 508, Government Code, is |
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amended by adding Section 508.2831 to read as follows: |
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Sec. 508.2831. SANCTION: CONFINEMENT IN INTERMEDIATE |
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SANCTION FACILITY. (a) After a hearing under Section 508.281, if |
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a parole panel modifies a person's parole or mandatory supervision |
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because the person violated the person's conditions of release, the |
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panel may require the person to remain under custodial supervision |
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in an intermediate sanction facility operated by or under contract |
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with the department for a term of not less than 60 days or more than |
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one year. This subsection does not apply to a releasee required to |
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register as a sex offender under Chapter 62, Code of Criminal |
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Procedure, or to a releasee in the super-intensive supervision |
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program under Section 508.317(d). |
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(b) A parole panel may require a person to remain under |
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custodial supervision as described by Subsection (a) each time the |
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panel modifies the person's parole or mandatory supervision. |
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SECTION 7. Section 508.283(b), Government Code, is |
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repealed. |
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SECTION 8. Not later than January 1, 2012, the Texas |
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Department of Criminal Justice shall release on parole any elderly |
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inmate, as defined by Section 508.1451, Government Code, as added |
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by this Act, with respect to whom a parole panel has not denied |
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release on parole under that section. |
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SECTION 9. Section 508.146(a), Government Code, as amended |
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by this Act, applies only to the release of an inmate under that |
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section on or after the effective date of this Act, regardless of |
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when the offense for which the inmate is serving a sentence was |
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committed. |
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SECTION 10. Section 508.149(b-1), Government Code, as added |
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by this Act, applies to any inmate serving a term of imprisonment in |
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a facility operated by or under contract with the Texas Department |
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of Criminal Justice on or after the effective date of this Act, |
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regardless of when the inmate was sentenced to serve that term. |
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SECTION 11. Sections 508.283(a) and (e), Government Code, |
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as amended by this Act, and Sections 508.283(e-1), (f), (g), and (h) |
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and 508.2831, Government Code, as added by this Act, apply only to a |
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determination by a parole panel made on or after the effective date |
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of this Act. A determination made before the effective date of this |
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Act is covered by the law in effect on the date the determination |
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was made, and the former law is continued in effect for that |
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purpose. |
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SECTION 12. The change in law made by this Act in amending |
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Section 508.283(c), Government Code, and repealing Section |
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508.283(b), Government Code, applies only to the calculation of the |
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remaining sentence for an inmate whose release on parole, mandatory |
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supervision, or conditional pardon is revoked on or after the |
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effective date of this Act. The calculation of the remaining |
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sentence for an inmate whose release on parole, mandatory |
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supervision, or conditional pardon is revoked before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 13. This Act takes effect September 1, 2011. |