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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain inmates for release on |
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medically recommended intensive supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 508.146(a) and (f), Government Code, |
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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) [elderly, physically disabled, mentally ill,
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terminally ill, or mentally retarded or having a condition] |
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requiring permanent long-term care or having a terminal illness [,
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if the inmate is an inmate with an instant offense that is described
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in Section 3g, Article 42.12, Code of Criminal Procedure]; or |
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(B) [in a persistent vegetative state or] being a |
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person with a severe and persistent mental illness or intellectual |
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and developmental disability [an organic brain syndrome with
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significant to total mobility impairment], if the inmate is an |
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inmate who has a reportable conviction or adjudication under |
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Chapter 62, Code of 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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(f) An inmate who is not a citizen of the United States, as |
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defined by federal law, and who is not under a sentence of death or |
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life without parole[, and who does not have a reportable conviction
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or adjudication under Chapter 62, Code of Criminal Procedure, or an
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instant offense described in Section 3g, Article 42.12, Code of
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Criminal Procedure,] may be released to immigration authorities |
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pending deportation on a date designated by a parole panel |
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described by Subsection (e) if the parole panel determines that on |
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release the inmate would be deported to another country and that the |
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inmate does not constitute a threat to public safety in the other |
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country or this country and is unlikely to reenter this country |
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illegally. |
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SECTION 2. This Act takes effect September 1, 2013. |