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A BILL TO BE ENTITLED
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AN ACT
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relating to the release by a sheriff of certain defendants to an |
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electronic monitoring or house arrest program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0321 to read as follows: |
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Art. 42.0321. RELEASE BY SHERIFF TO HOUSE ARREST OR |
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ELECTRONIC MONITORING. (a) Notwithstanding Article 42.035, if a |
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sheriff determines that it is in the best interest of a defendant |
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and the public, the sheriff may require a defendant who is serving a |
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sentence of confinement in the county jail to serve all or part of |
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the sentence in an electronic monitoring program or under house |
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arrest, rather than being confined in the county jail. The sheriff |
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may require a defendant released to house arrest to also be |
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electronically monitored. |
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(b) A defendant who participates in an electronic |
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monitoring or house arrest program under this article: |
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(1) discharges a sentence of confinement in the same |
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manner as if the defendant were confined in a county jail; and |
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(2) is responsible for payment to a county for the |
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reasonable costs incurred by the county because of the defendant's |
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participation in the program. |
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(c) A sheriff may impose reasonable conditions on a |
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defendant who participates in an electronic monitoring or house |
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arrest program. |
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(d) A sheriff may revoke a defendant's participation in an |
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electronic monitoring or house arrest program and require the |
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defendant to serve the remainder of the defendant's sentence of |
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confinement in the county jail if: |
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(1) the sheriff is unable to monitor the defendant due |
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to a failure in the electronic monitoring device; |
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(2) the defendant violates a condition imposed by the |
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sheriff; or |
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(3) the defendant fails to pay for participating in |
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the program as required by Subsection (b)(2). |
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SECTION 2. Subsection (c), Section 351.0415, Local |
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Government Code, is amended to read as follows: |
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(c) The sheriff or the sheriff's designee may use commissary |
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proceeds only to: |
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(1) fund, staff, and equip a program addressing the |
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social needs of the inmates, including an educational or |
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recreational program, [and] religious or rehabilitative |
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counseling, or an electronic monitoring or house arrest program |
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operated under Article 42.0321, Code of Criminal Procedure; |
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(2) supply inmates with clothing, writing materials, |
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and hygiene supplies; |
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(3) establish, staff, and equip the commissary |
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operation and fund the salaries of staff responsible for managing |
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the inmates' commissary accounts; |
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(4) fund, staff, and equip both an educational and a |
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law library for the educational use of inmates; or |
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(5) fund physical plant improvements, technology, |
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equipment, programs, services, and activities that provide for the |
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well-being, health, safety, and security of the inmates and the |
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facility. |
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SECTION 3. Subsections (a) and (d), Section 351.904, Local |
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Government Code, are amended to read as follows: |
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(a) A commissioners court of a county may establish and |
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operate an electronic monitoring program for the purpose of |
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monitoring defendants required [by a court of the county] to |
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participate in an electronic monitoring program under: |
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(1) Article 43.09, Code of Criminal Procedure, to |
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discharge a fine or costs; or |
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(2) Article 42.0321 or 42.035, Code of Criminal |
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Procedure, as an alternative to serving all or part of a sentence of |
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confinement in county jail. |
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(d) A commissioners court may use money that a defendant is |
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ordered to pay to a county under Article 42.0321(b)(2) or |
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42.035(c), Code of Criminal Procedure, to pay for the services of a |
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private vendor that operates an electronic monitoring program under |
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Subsection (c). |
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SECTION 4. 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, 2013. |
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* * * * * |