82R24583 MAW-D
By: White H.B. No. 3366
Substitute the following for H.B. No. 3366:
By: White C.S.H.B. No. 3366
A BILL TO BE ENTITLED
AN ACT
relating to the placement of certain state jail felons on community
supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15(h)(1), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(1) A defendant confined in a state jail felony
facility does not earn good conduct time for time served in the
facility but may be released or transferred to community
supervision in accordance with Subsection (m).
SECTION 2. Section 15, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (m) to read as follows:
(m)(1) This subsection applies only to a defendant who:
(A) is serving a sentence in a state jail felony
facility for an offense that is punished under Section 12.35(a),
Penal Code, other than an offense listed in or described by
Subsection (a)(1);
(B) is not a member of a security threat group;
and
(C) has not been previously convicted of a felony
listed in or described by Section 3g or any offense listed in
Article 62.001(5).
(2) Not later than the 30th day before the date on
which a defendant described by Subdivision (1) will have served 75
percent of the defendant's sentence, the facility director of the
state jail felony facility in which the defendant is confined shall
report to the sentencing court on the defendant's conduct and
programmatic progress while confined in the facility.
(3) On receipt of a report under Subdivision (2), the
judge of the sentencing court may:
(A) suspend further execution of the sentence and
place the defendant on community supervision in any manner
otherwise authorized under this article if the judge determines
that the defendant:
(i) has successfully completed, or
substantially complied with the requirements of, any substance
abuse treatment program or any industrial, work, agricultural,
educational, or vocational program in which the defendant
participated; and
(ii) has not been the subject of major
disciplinary action while confined in the state jail felony
facility; or
(B) order that the defendant remain confined in
the state jail felony facility for the remainder of the defendant's
sentence.
(4) If a judge places a defendant on community
supervision under Subdivision (3)(A), the judge may impose any
condition of community supervision or take any other action during
the period of community supervision, including extending a period
of community supervision, that the judge is otherwise authorized to
impose or take under this article.
(5) If, on the date that a defendant described by
Subdivision (1) has served 75 percent of the defendant's sentence,
the judge of the sentencing court has not acted under Subdivision
(3), the director of the state jail felony facility in which the
defendant is confined shall release the defendant.
SECTION 3. The change in law made by this Act applies to a
person confined in a state jail felony facility on or after the
effective date of this Act, regardless of when the offense for which
the person is serving a sentence was committed.
SECTION 4. This Act takes effect September 1, 2011.