By: White H.B. No. 3366
A BILL TO BE ENTITLED
AN ACT
relating to enhancing state jail felony offender accountability and
supervision, and incentivizing compliance with treatment,
educational, and vocational programming.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Code of Criminal Procedure is amended by
amending Article 42.12, Section 15 (a)(1) to read as follows:
PROCEDURES RELATED TO STATE JAIL FELONY COMMUNITY SUPERVISION.
Section 15 (a)(1) On conviction of a state jail felony under
Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or
481.129(g)(1), Health and Safety Code, that is punished under
Section 12.35(a), Penal Code, the judge shall suspend the
imposition of the sentence and place the defendant on community
supervision, unless the defendant has previously been convicted of
a felony, other than a felony punished under Section 12.44(a),
Penal Code, or unless the conviction resulted from an adjudication
of the guilt of a defendant previously placed on deferred
adjudication community supervision for the offense, in which event
the judge may suspend the imposition of the sentence and place the
defendant on community supervision or may order the sentence to be
executed. The provisions of this subdivision requiring the judge
to suspend the imposition of the sentence and place the defendant on
community supervision do not apply to a defendant who under Section
481.1151(b)(1), Health and Safety Code, possessed more than five
abuse units of the controlled substance or under Section
481.121(b)(3), Health and Safety Code, possessed more than one
pound of marihuana.
(2) On conviction of a state jail felony punished
under Section 12.35(a), Penal Code, other than a state jail felony
listed in Subdivision (1), the judge may suspend the imposition of
the sentence and place the defendant on community supervision or
may order the sentence to be executed.
(3) The judge may suspend in whole or in part the
imposition of any fine imposed on conviction.
(b) The minimum period of community supervision a judge may
impose under this section is two years. The maximum period of
community supervision a judge may impose under this section is five
years, except that the judge may extend the maximum period of
community supervision under this section to not more than 10 years.
A judge may extend a period of community supervision under this
section at any time during the period of community supervision, or
if a motion for revocation of community supervision is filed before
the period of community supervision ends, before the first
anniversary of the expiration of the period of community
supervision.
(c)(1) A judge may impose any condition of community
supervision on a defendant that the judge could impose on a
defendant placed on supervision for an offense other than a state
jail felony.
(2) Except as otherwise provided by Subdivision
(3), a judge who places a defendant on community
supervision for an offense listed in Subsection (a)(1) shall
require the defendant to comply with substance abuse treatment
conditions that are consistent with standards adopted by the Texas
Board of Criminal Justice under Section 509.015, Government Code.
(3) A judge is not required to impose conditions
described by Subdivision (2) if the judge makes an affirmative
finding that the defendant does not require imposition of the
conditions to successfully complete the period of community
supervision.
(d) A judge may impose as a condition of community
supervision that a defendant submit at the beginning of the period
of community supervision to a term of confinement in a state jail
felony facility for a term of not less than 90 days or more than 180
days, or a term of not less than 90 days or more than one year if the
defendant is convicted of an offense punishable as a state jail
felony under Section 481.112, 481.1121, 481.113, or 481.120, Health
and Safety Code. A judge may not require a defendant to submit to
both the term of confinement authorized by this subsection and a
term of confinement under Section 5 or 12 of this article. For the
purposes of this subsection, a defendant previously has been
convicted of a felony regardless of whether the sentence for the
previous conviction was actually imposed or was probated and
suspended.
(e) If a defendant violates a condition of community
supervision imposed on the defendant under this article and after a
hearing under Section 21 of this article the judge modifies the
defendant's community supervision, the judge may impose any
sanction permitted by Section 22 of this article, except that if the
judge requires a defendant to serve a period of confinement in a
state jail felony facility as a modification of the defendant's
community supervision, the minimum term of confinement is 90 days
and the maximum term of confinement is 180 days.
(f)(1) If a defendant violates a condition of community
supervision imposed on the defendant under this article and after a
hearing under Section 21 of this article the judge revokes the
defendant's community supervision, the judge shall dispose of the
case in the manner provided by Section 23 of this article.
(2) The court retains jurisdiction over the defendant
for the period during which the defendant is confined in a state
jail. At any time after the 75th day after the date the defendant is
received into the custody of a state jail, the judge on the judge's
own motion, on the motion of the attorney representing the state, or
on the motion of the defendant may suspend further execution of the
sentence and place the defendant on community supervision under the
conditions of this section.
(3) When the defendant or the attorney representing
the state files a written motion requesting suspension by the judge
of further execution of the sentence and placement of the defendant
on community supervision, the clerk of the court, if requested to do
so by the judge, shall request a copy of the defendant's record
while confined from the facility director of the state jail felony
facility in which the defendant is confined or, if the defendant is
confined in county jail, from the sheriff. On receipt of the
request, the facility director or the sheriff shall forward to the
judge, as soon as possible, a full and complete copy of the
defendant's record while confined. When the defendant files a
written motion requesting suspension of further execution of the
sentence and placement on community supervision, he shall
immediately deliver or cause to be delivered a true and correct copy
of the motion to the office of the attorney representing the state.
The judge may deny the motion without a hearing but may not grant
the motion without holding a hearing and providing the attorney
representing the state and the defendant the opportunity to present
evidence on the motion.
(g) The facility director of a state jail felony facility
shall report to a judge who orders a defendant confined in the
facility as a condition of community supervision or as sanction
imposed as a modification of community supervision under Subsection
(e) not less than every 90 days on the defendant's programmatic
progress, conduct, and conformity to the rules of the facility.
(h)(1) A defendant confined in a state jail felony facility
does not earn good conduct time for time served in the facility
except as specified in (l) of this Section. (2) A judge:(A) may
credit against any time a defendant is required to serve in a state
jail felony facility time served by the defendant in a county jail
from the time of the defendant's arrest and confinement until
sentencing by the trial court; and(B) shall credit against any time
a defendant is required to serve in a state jail felony facility
time served by the defendant in a substance abuse treatment
facility operated by the Texas Department of Criminal Justice under
Section 493.009, Government Code, or other court-ordered
residential program or facility as a condition of deferred
adjudication community supervision before sentencing, but only if
the defendant successfully completes the treatment program in that
facility.(3) A judge shall credit against any time a defendant is
subsequently required to serve in a state jail felony facility
after revocation of community supervision any time served after
sentencing by the defendant:(A) in a state jail felony facility;
or(B) in a substance abuse treatment facility operated by the Texas
Department of Criminal Justice under Section 493.009, Government
Code, or another court-ordered residential program or facility if
the defendant successfully completes the treatment program in that
facility. Text of subsection as added by Acts 2007, 80th Leg., R.S.,
Ch. 1308, Sec. 7
(i) If a defendant is convicted of a state jail felony and
the sentence is executed, the judge sentencing the
defendant may release the defendant to a medically
suitable placement if the judge determines that the
defendant does not constitute a threat to public safety
and the Texas Correctional Office on Offenders with
Medical or Mental Impairments:(1) in coordination with
the Correctional Managed Health Care Committee prepares
a case summary and medical report that identifies the
defendant as being elderly, physically disabled,
mentally ill, terminally ill, or mentally retarded or
having a condition requiring long-term care; and(2) in
cooperation with the community supervision and
corrections department serving the sentencing court,
prepares for the defendant a medically recommended
intensive supervision and continuity of care plan
that:(A) ensures appropriate supervision of the
defendant by the community supervision and corrections
department;
and (B) requires the defendant to remain under the care of a
physician at and reside in a medically suitable placement.
Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch.
617, Sec. 1 (i) If a defendant is convicted of a state jail
felony and the sentence is executed, the judge sentencing the
defendant may release the defendant to a medical care
facility or medical treatment program if the Texas
Correctional Office on Offenders with Medical or Mental
Impairments:(1) identifies the defendant as being elderly,
physically disabled, mentally ill, terminally ill, or
mentally retarded or having a condition requiring long-term
care; and(2) in cooperation with the community supervision
and corrections department serving the sentencing court,
prepares for the defendant a medically recommended intensive
supervision plan that:(A) ensures appropriate supervision
of the defendant; and(B) requires the defendant to remain
under the care of a physician at the facility or in the
program. Text of subsection as added by Acts 2007, 80th Leg.,
R.S., Ch. 1308, Sec. 7
(j) The Texas Correctional Office on Offenders with Medical
or Mental Impairments shall submit to a judge who releases a
defendant to an appropriate medical care facility under Subsection
(i) a quarterly status report concerning the defendant's medical
and treatment status. Text of subsection as added by Acts 2007, 80th
Leg., R.S., Ch. 617, Sec. 1 (j) If a defendant released to a medical
care facility or medical treatment program under Subsection (i)
violates the terms of that release, the judge may dispose of the
matter as provided by Subsections (e) and (f)(1).
(k) If a defendant released to a medically suitable
placement under Subsection (i) violates the terms of that release,
the judge may dispose of the matter as provided by Subsections (e)
and (f)(1).
(l) The file of a state jail inmate serving time for a
conviction of a state jail felony punished under Section 12.35(a),
Penal Code, other than a state jail felony listed in Subdivision
(1), shall be sent to the sentencing court 30 days prior to the date
at which the inmate will have served 75 percent of their sentence,
if the Department of Criminal Justice in consultation with the unit
warden have determined:
(1) the inmate has an exemplary disciplinary record
while incarcerated,
(2) the inmate has demonstrated full compliance with
all offered educational, treatment, and vocational programs while
incarcerated,
(3) the inmate is not a member of a security threat
group.
(4) the inmate has no prior felony conviction for a
violent or sexual offense.
(l)(1) If the sentencing court does not notify the
Department of Criminal Justice within the 30 day period that
the inmate shall be incarcerated for the remainder of their
sentence, the inmate shall be transferred to community
supervision on the date at which 75 percent of the sentence
has been discharged. While on community supervision, if the
offender is alleged to have committed another offense or to
have substantially violated the terms of their supervision,
the sentencing court on a motion from the community
supervision department or prosecuting attorney may place the
offender in an intermediate sanctions facility for a period
not to exceed 180 days as specified in Section 508.283,
Government Code. Upon being placed in an intermediate
sanctions facility, the offender shall not receive credit
towards their sentence for the time on community supervision
following their placement in the intermediate sanctions
facility and shall discharge the remainder of the sentence
that was remaining following release from the state jail.