81R6518 KCR-D
By: Martinez H.B. No. 3598
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an electronic monitoring pilot
program by the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Section 493.033 to read as follows:
Sec. 493.033. ELECTRONIC MONITORING PILOT PROGRAM. (a)
The department shall establish an electronic monitoring pilot
program in a county with a population of more than one million and
in which more than 80 percent of the population resides in a single
municipality.
(b) The following individuals are eligible to participate
in the electronic monitoring pilot program:
(1) an individual who is placed on community
supervision under Section 15, Article 42.12, Code of Criminal
Procedure; and
(2) an individual who:
(A) has not been convicted of an offense
described by Section 3g, Article 42.12, Code of Criminal Procedure;
(B) has been placed on community supervision or
released on parole or to mandatory supervision, if a motion has been
filed or a warrant issued to revoke the individual's community
supervision, parole, or mandatory supervision for a technical
violation of the individual's conditions of community supervision
or release; and
(C) has not previously been the subject of a
motion or warrant described by Paragraph (B).
(c) The electronic monitoring pilot program established
under this section must:
(1) require:
(A) for all program participants, the use of
active global positioning satellite technology with a single,
continuously worn tracking device; and
(B) for program participants who have been placed
on community supervision or released on parole or to mandatory
supervision for an offense in which the use of alcohol or a
controlled substance significantly contributed to the commission
of the offense, appropriate alcohol or substance abuse treatment;
and
(2) provide for the use of global positioning
satellite technology that is:
(A) capable of automatically correlating crime
scene information, integrating law enforcement data from across the
state, and interfacing with local and state law enforcement
databases and computerized information management systems; and
(B) provided under contract with the department
by a vendor that:
(i) is the original equipment manufacturer
of the global positioning satellite device to be used in the pilot
program; and
(ii) at the time of entering the contract
with the department, has 1,000 or more devices in operation under
contract with another state agency or political subdivision of the
state.
(d) The department shall adopt rules as necessary to
implement the electronic monitoring pilot program established
under this section.
(e) This section expires September 1, 2011.
SECTION 2. The Texas Department of Criminal Justice shall
establish the electronic monitoring pilot program as required by
Section 493.033, Government Code, as added by this Act, not later
than September 1, 2009.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.