Texas 2013 - 83rd Regular

Texas Senate Bill SB368

Filed
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the release by a sheriff of certain defendants to an electronic monitoring or house arrest program.

Impact

The legislation could significantly impact the management of county jails by reducing the number of inmates through alternatives to incarceration. This could alleviate overcrowding issues present in many county jails while providing offenders with a structured environment to serve their sentences. Encouraging the use of electronic monitoring may also offer cost savings for the state by lessening the financial burden associated with housing inmates in jails.

Summary

Senate Bill 368 seeks to amend the Code of Criminal Procedure to allow sheriffs in Texas to release certain defendants from county jail to participate in electronic monitoring or house arrest programs. The bill acknowledges the sheriff's discretion in determining whether a defendant's release into such programs is in the best interest of both the defendant and public safety. This measure presents an alternative to traditional confinement, enabling judges and law enforcement to utilize more flexible supervision methods.

Contention

While the bill aims to create more effective means of supervising defendants, there are potential concerns about the implementation and monitoring of such programs. Critics may argue about the effectiveness and reliability of electronic monitoring, questioning whether these systems can ensure compliance and community safety. Additionally, financial implications regarding the costs born by defendants for their monitoring services could be contentious, as they may disproportionately affect those who are unable to pay.

Administrative considerations

Furthermore, the bill empowers sheriffs to impose reasonable conditions on defendants participating in these programs, including the ability to revoke a defendant's status and send them back to jail under certain circumstances. This provision places considerable responsibility on local law enforcement and has implications for their administrative functionality, resource allocation, and operational training concerning new electronic monitoring systems.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1004

Relating to creating the criminal offense of tampering with an electronic monitoring device and to certain consequences on conviction of that offense.

TX HB476

Relating to the release of certain defendants detained in jail pending trial.

TX HB3549

Relating to creating the criminal offense of tampering with an electronic monitoring device and to certain consequences on conviction of that offense.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB4517

Relating to the release of certain defendants on personal bond.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

TX HB2380

Relating to credit toward payment of fines and costs for certain defendants.

TX SB352

Relating to credit toward payment of fines and costs for certain defendants.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

TX HB2984

Relating to creating the criminal offense of tampering with an electronic monitoring device.

Similar Bills

TX HB3309

Relating to appointment of and performance of notarial acts by an electronic notary public; authorizing a fee and creating a criminal offense.

TX HB1217

Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.

NC S552

Modifications to Notary Public Act

CA AB1667

Electronic wills.

CA AB2961

Civil procedure: electronic filing and service.

CA AB2283

Civil actions: electronic service.

LA HB572

Provides for electronic notaries public and electronic notarial acts

CA SB666

Service of papers: electronic service by court.