81R6707 KCR-D
By: Cook H.B. No. 3105
A BILL TO BE ENTITLED
AN ACT
relating to the release on parole or revocation of parole or
mandatory supervision of certain inmates placed in certain
residential facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.141, Government Code, is amended by
amending Subsection (e) and adding Subsection (e-1) to read as
follows:
(e) Subject to Subsection (e-1), a [A] parole panel may
release an inmate on parole only when:
(1) arrangements have been made for the inmate's
employment or for the inmate's maintenance and care; and
(2) the parole panel believes that the inmate is able
and willing to fulfill the obligations of a law-abiding citizen.
(e-1) This subsection applies only to an inmate serving a
sentence for an offense under Section 49.04, Penal Code, punishable
under Section 49.09(b)(2), Penal Code. A parole panel that
considers for release on parole an inmate to whom this subsection
applies and who is described by Subsection (a) and that determines
the inmate is able and willing to fulfill the obligations of a
law-abiding citizen:
(1) shall, not later than the 30th day after making
that determination, issue an order releasing the inmate on parole,
regardless of whether arrangements have been made for the inmate's
maintenance and care; and
(2) may not deny the release of the inmate on the
ground that the department or division is unable to secure a
post-release placement for the individual in a halfway house,
community residential facility, or other similar residential
facility.
SECTION 2. Section 508.252, Government Code, is amended to
read as follows:
Sec. 508.252. GROUNDS FOR ISSUANCE OF WARRANT OR SUMMONS.
(a) A warrant or summons may be issued under Section 508.251 if:
(1) there is reason to believe that the person has been
released although not eligible for release;
(2) the person has been arrested for an offense;
(3) there is a document that is self-authenticating as
provided by Rule 902, Texas Rules of Evidence, stating that the
person violated a rule or condition of release; or
(4) there is reliable evidence that the person has
exhibited behavior during the person's release that indicates to a
reasonable person that the person poses a danger to society that
warrants the person's immediate return to custody.
(b) This subsection applies only to a person to whom Section
508.141(e-1) applies. A warrant or summons may not be issued under:
(1) Subsection (a)(1), if the person was not eligible
for release only because the department or division was unable to
secure a post-release placement for the person in a halfway house,
community residential facility, or other similar residential
facility; or
(2) Subsection (a)(3), if the document states that the
person violated only a rule or condition of release requiring the
person to live in a halfway house, community residential facility,
or other similar residential facility, and the department or
division was unable to secure a post-release placement for the
person in a suitable residential facility.
SECTION 3. (a) Section 508.141, Government Code, as amended
by this Act, applies to any inmate who is confined in a facility
operated by or under contract with the Texas Department of Criminal
Justice on or after the effective date of this Act, regardless of
when the inmate's period of confinement began.
(b) Section 508.252, Government Code, as amended by this
Act, applies only to a person who is released on parole or to
mandatory supervision on or after the effective date of this Act. A
person who is released on parole or to mandatory supervision before
the effective date of this Act is governed by the law in effect on
the date the person was released, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.