89R5081 JDK-D

By: Cook S.B. No. 2756

A BILL TO BE ENTITLED

AN ACT

relating to the release of an inmate on medically recommended intensive supervision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 508.146, Government Code, is amended by amending Subsections (a), (b), and (f) and adding Subsection (b-1) to read as follows:

(a) Except as provided by Subsection (b), an [An] inmate other than an inmate who is serving a sentence of death or life without parole shall [may] be released on medically recommended intensive supervision on a date designated by a parole panel described by Subsection (e)[, except that an inmate with an instant offense that is an offense described in Article 42A.054, Code of Criminal Procedure, or an inmate who has a reportable conviction or adjudication under Chapter 62, Code of Criminal Procedure, may only be considered if a medical condition of terminal illness or long-term care has been diagnosed by a physician,] if:

(1) the Texas Correctional Office on Offenders with Medical or Mental Impairments, in cooperation with the Correctional Managed Health Care Committee, identifies the inmate as [being]:

(A) being 50 years of age or older;

(B) being [a person who is elderly or] terminally ill;

(C) having a [, a person with] mental illness;

(D) having [,] an intellectual disability; [,] or

(E) having a physical disability[, or a person who has a condition requiring long-term care, if the inmate is an inmate with an instant offense that is described in Article 42A.054, Code of Criminal Procedure; or

[(B) in a persistent vegetative state or being a person with an organic brain syndrome with significant to total mobility impairment, if the inmate is an inmate who has a reportable conviction or adjudication under Chapter 62, Code of Criminal Procedure];

(2) [the parole panel determines that, based on the inmate's condition and a medical evaluation, the inmate does not constitute a threat to public safety; and

[(3)] the Texas Correctional Office on Offenders with Medical or Mental Impairments, in cooperation with the [pardons and paroles] division, has prepared for the inmate a medically recommended intensive supervision plan that requires the inmate to submit to appropriate supervision under the least restrictive conditions necessary; and

(3) [electronic monitoring, places the inmate on super-intensive supervision, or otherwise ensures appropriate supervision of the inmate.

[(b) An inmate may be released on medically recommended intensive supervision only if] the inmate's medically recommended intensive supervision plan under Subdivision (2) [Subsection (a)(3)] is approved by the Texas Correctional Office on Offenders with Medical or Mental Impairments.

(b) A parole panel may not release an inmate on medically recommended intensive supervision under Subsection (a) if the panel finds by clear and convincing evidence that the inmate poses a risk to public safety that cannot be mitigated while under the supervision of the division. A parole panel acting under this subsection may not deny an inmate's release on medically recommended intensive supervision solely on the basis of:

(1) the nature of the offense for which the inmate is serving the sentence; or

(2) the inmate's criminal history.

(b-1) Not later than the 30th day after the date a parole panel denies an inmate's release on medically recommended intensive supervision under Subsection (b), the panel shall:

(1) produce a written statement explaining the reasons for the panel's finding that the inmate poses a risk to public safety that cannot be mitigated while under the supervision of the division;

(2) provide a copy of the statement to the inmate; and

(3) include a copy of the statement in the inmate's file.

(f) An inmate who is not a citizen of the United States, as defined by federal law, other than an inmate who is serving [not under] a sentence of death or life without parole, [and who does not have a reportable conviction or adjudication under Chapter 62, Code of Criminal Procedure, or an instant offense described in Article 42A.054, Code of Criminal Procedure,] may be released to immigration authorities pending deportation on a date designated by a parole panel described by Subsection (e) if the parole panel determines that on release the inmate would be deported to another country and that the inmate does not constitute a threat to public safety in the other country or this country and is unlikely to reenter this country illegally.

SECTION 2. This Act takes effect September 1, 2025.