| 1 | 1 | | 81R6707 KCR-D |
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| 2 | 2 | | By: Cook H.B. No. 3105 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the release on parole or revocation of parole or |
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| 8 | 8 | | mandatory supervision of certain inmates placed in certain |
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| 9 | 9 | | residential facilities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 508.141, Government Code, is amended by |
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| 12 | 12 | | amending Subsection (e) and adding Subsection (e-1) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (e) Subject to Subsection (e-1), a [A] parole panel may |
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| 15 | 15 | | release an inmate on parole only when: |
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| 16 | 16 | | (1) arrangements have been made for the inmate's |
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| 17 | 17 | | employment or for the inmate's maintenance and care; and |
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| 18 | 18 | | (2) the parole panel believes that the inmate is able |
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| 19 | 19 | | and willing to fulfill the obligations of a law-abiding citizen. |
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| 20 | 20 | | (e-1) This subsection applies only to an inmate serving a |
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| 21 | 21 | | sentence for an offense under Section 49.04, Penal Code, punishable |
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| 22 | 22 | | under Section 49.09(b)(2), Penal Code. A parole panel that |
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| 23 | 23 | | considers for release on parole an inmate to whom this subsection |
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| 24 | 24 | | applies and who is described by Subsection (a) and that determines |
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| 25 | 25 | | the inmate is able and willing to fulfill the obligations of a |
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| 26 | 26 | | law-abiding citizen: |
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| 27 | 27 | | (1) shall, not later than the 30th day after making |
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| 28 | 28 | | that determination, issue an order releasing the inmate on parole, |
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| 29 | 29 | | regardless of whether arrangements have been made for the inmate's |
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| 30 | 30 | | maintenance and care; and |
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| 31 | 31 | | (2) may not deny the release of the inmate on the |
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| 32 | 32 | | ground that the department or division is unable to secure a |
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| 33 | 33 | | post-release placement for the individual in a halfway house, |
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| 34 | 34 | | community residential facility, or other similar residential |
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| 35 | 35 | | facility. |
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| 36 | 36 | | SECTION 2. Section 508.252, Government Code, is amended to |
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| 37 | 37 | | read as follows: |
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| 38 | 38 | | Sec. 508.252. GROUNDS FOR ISSUANCE OF WARRANT OR SUMMONS. |
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| 39 | 39 | | (a) A warrant or summons may be issued under Section 508.251 if: |
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| 40 | 40 | | (1) there is reason to believe that the person has been |
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| 41 | 41 | | released although not eligible for release; |
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| 42 | 42 | | (2) the person has been arrested for an offense; |
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| 43 | 43 | | (3) there is a document that is self-authenticating as |
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| 44 | 44 | | provided by Rule 902, Texas Rules of Evidence, stating that the |
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| 45 | 45 | | person violated a rule or condition of release; or |
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| 46 | 46 | | (4) there is reliable evidence that the person has |
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| 47 | 47 | | exhibited behavior during the person's release that indicates to a |
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| 48 | 48 | | reasonable person that the person poses a danger to society that |
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| 49 | 49 | | warrants the person's immediate return to custody. |
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| 50 | 50 | | (b) This subsection applies only to a person to whom Section |
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| 51 | 51 | | 508.141(e-1) applies. A warrant or summons may not be issued under: |
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| 52 | 52 | | (1) Subsection (a)(1), if the person was not eligible |
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| 53 | 53 | | for release only because the department or division was unable to |
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| 54 | 54 | | secure a post-release placement for the person in a halfway house, |
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| 55 | 55 | | community residential facility, or other similar residential |
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| 56 | 56 | | facility; or |
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| 57 | 57 | | (2) Subsection (a)(3), if the document states that the |
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| 58 | 58 | | person violated only a rule or condition of release requiring the |
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| 59 | 59 | | person to live in a halfway house, community residential facility, |
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| 60 | 60 | | or other similar residential facility, and the department or |
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| 61 | 61 | | division was unable to secure a post-release placement for the |
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| 62 | 62 | | person in a suitable residential facility. |
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| 63 | 63 | | SECTION 3. (a) Section 508.141, Government Code, as amended |
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| 64 | 64 | | by this Act, applies to any inmate who is confined in a facility |
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| 65 | 65 | | operated by or under contract with the Texas Department of Criminal |
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| 66 | 66 | | Justice on or after the effective date of this Act, regardless of |
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| 67 | 67 | | when the inmate's period of confinement began. |
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| 68 | 68 | | (b) Section 508.252, Government Code, as amended by this |
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| 69 | 69 | | Act, applies only to a person who is released on parole or to |
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| 70 | 70 | | mandatory supervision on or after the effective date of this Act. A |
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| 71 | 71 | | person who is released on parole or to mandatory supervision before |
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| 72 | 72 | | the effective date of this Act is governed by the law in effect on |
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| 73 | 73 | | the date the person was released, and that law is continued in |
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| 74 | 74 | | effect for that purpose. |
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| 75 | 75 | | SECTION 4. This Act takes effect September 1, 2009. |
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