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A BILL TO BE ENTITLED
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AN ACT
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relating to the responsibility of the county to hold certain |
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persons in county jail before a return or transfer of the person to |
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the Texas Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 499.071, Government Code, is amended to |
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read as follows: |
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Sec. 499.071. SCHEDULED ADMISSIONS POLICY. The board shall |
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adopt and enforce a scheduled admissions policy that: |
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(1) permits the department [institutional division] |
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to accept inmates within 45 days of processing as required by |
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Section 499.121(c); and |
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(2) requires the department to accept inmates within |
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40 days of processing as required by Section 499.121(c-1). |
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SECTION 2. Section 499.121, Government Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) Notwithstanding Subsection (c), on and after |
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September 1, 2013, the department has a duty to accept, not later |
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than the 40th day after the date on which all processing required |
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for transfer has been completed, each inmate confined in a county |
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jail while under an order of commitment to the department following |
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conviction of a felony of the first, second, or third degree or a |
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capital felony. |
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SECTION 3. Section 508.254(c), Government Code, is amended |
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to read as follows: |
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(c)(1) Except as otherwise provided by this subsection, |
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pending [Pending] a hearing on a charge of parole violation, |
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ineligible release, or violation of a condition of mandatory |
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supervision, a person returned to custody shall remain confined. |
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(2) A magistrate of the county in which the person is |
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held in custody may release the person on bond pending the hearing |
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if: |
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(A) the person is arrested only on a charge that |
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the person has committed an administrative violation of a condition |
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of release; |
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(B) the person is not charged with and has not |
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been previously convicted of: |
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(i) an offense under Chapter 29, Penal |
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Code, or an offense under Title 5, Penal Code, punishable as a |
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felony; or |
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(ii) an offense involving family violence, |
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as defined by Section 71.004, Family Code; and |
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(C) the board provides the magistrate with |
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written approval. |
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(3) The provisions of Chapters 17 and 22, Code of |
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Criminal Procedure, apply to a person released under this |
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subsection in the same manner as those provisions apply to a person |
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released pending an appearance before a court or magistrate, except |
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that the release under this subsection is conditioned on the |
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person's appearance at a hearing under this subchapter. |
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SECTION 4. Section 508.282(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), a parole panel, a |
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designee of the board, or the department shall dispose of the |
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charges against an inmate or person described by Section |
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508.281(a): |
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(1) before the 36th [41st] day after the date on which: |
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(A) a warrant issued as provided by Section |
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508.251 is executed, if the inmate or person is arrested only on a |
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charge that the inmate or person has committed an administrative |
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violation of a condition of release, and the inmate or person is not |
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charged before the 36th [41st] day with the commission of an offense |
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described by Section 508.2811(2)(B); or |
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(B) the sheriff having custody of an inmate or |
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person alleged to have committed an offense after release notifies |
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the department that: |
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(i) the inmate or person has discharged the |
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sentence for the offense; or |
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(ii) the prosecution of the alleged offense |
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has been dismissed by the attorney representing the state in the |
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manner provided by Article 32.02, Code of Criminal Procedure; or |
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(2) within a reasonable time after the date on which |
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the inmate or person is returned to the custody of the department, |
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if: |
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(A) immediately before the return the inmate or |
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person was in custody in another state or in a federal correctional |
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system; or |
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(B) the inmate or person is transferred to the |
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custody of the department under Section 508.284. |
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SECTION 5. The changes in law made by this Act in amending |
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Sections 499.071 and 499.121, Government Code, apply only to the |
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acceptance by the Texas Department of Criminal Justice of an inmate |
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who is confined in a county jail and is under an order of commitment |
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to the department that is entered on or after the effective date of |
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this Act. The acceptance by the Texas Department of Criminal |
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Justice of an inmate who is confined in a county jail and is under an |
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order of commitment to the department that is entered before the |
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effective date of this Act is governed by the law in effect on the |
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date the order of commitment was entered, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. The changes in law made by this Act in amending |
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Sections 508.254(c) and 508.282(a), Government Code, apply only to |
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a person who on or after the effective date of this Act is charged |
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with a violation of the person's release on parole or mandatory |
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supervision. A person who before the effective date of this Act was |
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charged with a violation of release is governed by the law in effect |
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when the violation was charged, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2013. |