BILL ANALYSIS

 

 

Senate Research Center

S.B. 374

88R4317 MCF-F

By: Huffman

 

Criminal Justice

 

4/6/2023

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

BACKGROUND:

 

�         Interested parties contend that recent court opinions have impacted the manner in which the Texas Department of Criminal Justice (TDCJ) and the Texas Board of Pardons and Paroles (BPP) conduct parole revocation hearings for those who have committed a new criminal offense.

 

o   The court opinions resulted in new parolee arrests not being considered as a pending charge until the individual has been formally indicted.

 

�         TDCJ is currently limited in its options when dealing with a parole violation involving an alleged new crime and the issuance of a type of arrest warrant known as a "blue warrant."

 

o   TDCJ can withdraw the blue warrant by the 41st day following arrest, thereby allowing the parolee to be released from custody, unless the parolee is held on a separate warrant.

 

o   An additional option is that TDCJ can request that the BPP move forward with a revocation hearing within the 41-day timeframe, even without an indictment.

 

�         Hearing a new felony offense before the prosecutor has presented that case to a grand jury can jeopardize the future prosecution of that case and lead to adverse outcomes for crime victims; but under current law, not hearing the case forces TDCJ to withdraw the warrant after 40 days.

 

�         If a revocation hearing is held, and the parolee has not been indicted, victims and other witnesses must be subpoenaed to testify in order for BPP to have the authority to revoke the parole supervision.

 

�         As a result, TDCJ is using its discretion in the issuance of pre-revocation warrants based on the totality of information available, and at times, is waiting until an offender is formally charged prior to issuing a pre-revocation warrant.

 

�         Since the TDCJ blue warrant, in most cases, is not bondable, this new practice may impact the prosecutor's bond recommendation.

 

BILL SUMMARY

�         S.B. 374 increases the period for investigation after the issuance of a warrant or arrest of a parolee from 41 to 90 days if:

o   an inmate or person allegedly committed an offense after release; and

o   an indictment, information, or complaint for the alleged offense has not been filed in a court and is being handled through TDCJ.

�  By aligning the deadline for the prosecutor to indict and BPP to dispose of a parole revocation hearing, BPP can effectively dispose of a parole revocation hearing without jeopardizing public safety or the case

�         The bill keeps the 41-day timeframe for warrants issued for a parolee who is arrested for an administrative violation upon release.

As proposed, S.B. 374 amends current law relating to the period for disposing of a charge that a person violated a condition of release from the Texas Department of Criminal Justice.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 508.282(a), Government Code, as follows:

 

(a) Requires a parole panel, a designee of the Texas Board of Pardons and Paroles (BPP), or the Texas Department of Criminal Justice (TDCJ), except as provided by Subsection (b) (relating to providing that a parole panel, designee of BPP, or TDCJ is not required to dispose of the charges against an inmate or person within the required period), to dispose of certain charges against an inmate or person described by Section 508.281(a) (relating to the entitlement of a releasee, a person released although ineligible for release, or a person granted a conditional pardon to a hearing before a parole panel or a designated agent of BPP):

 

(1) before the 41st day after the date on which a warrant issued as provided by Section 508.251 (Issuance of Warrant or Summons) is executed, if the inmate or person is arrested only on a charge that the inmate or person has committed an administrative violation of a condition of release; or

 

(2) before the 91st day after the date on which a warrant issued as provided by Section 508.251 is executed, if the inmate or person allegedly committed an offense after release and if an indictment, information, or complaint for the offense has not been filed in court.

 

Deletes existing text requiring a parole panel, a designee of BPP, or TDCJ, except as provided by Subsection (b), to dispose of the charges against an inmate or person described by Section 508.281(a) if the inmate or person is not charged before the 41st day with the commission of an offense described by Section 508.2811(2)(B) (relating to an inmate or person who, after release, has been adjudicated guilty or has pleaded guilty or nolo contendere to an offense committed after release, other than an offense punishable by fine only involving the operation of a motor vehicle) or if the sheriff having custody of an inmate or person alleged to have committed an offense after release notifies TDCJ that the inmate or person has discharged the sentence for the offense or the prosecution of the alleged offense has been dismissed by the attorney representing the state in the manner provided by Article 32.02 (Dismissal by State's Attorney), Code of Criminal Procedure. Deletes existing text requiring a parole panel, a designee of BPP, or TDCJ, except as provided by Subsection (b), to dispose of the charges against an inmate or person described by Section 508.281(a) within a reasonable time after the date on which the inmate or person is returned to the custody of TDCJ if immediately before the return the inmate or person was in custody in another state or in a federal correctional system or if the inmate or person is transferred to the custody of TDCJ under Section 508.284 (Transfer Pending Revocation Hearing). Makes nonsubstantive changes.

 

SECTION 2.� Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2023.