Relating to the authority of a judge to impose a period of confinement in a county jail for a violation of a condition of community supervision.
Impact
With the enactment of HB1242, provision for confinement as a sanction for violating community supervision requirements is clarified and structured, allowing judges to impose varying lengths of jail time based on the number of previous violations. For instance, a judge may impose up to three days of confinement for a first violation, increasing to a maximum of 21 days for subsequent violations. This updated framework is expected to provide judges with more flexibility in managing community supervision violations while emphasizing rehabilitation over incarceration.
Summary
House Bill 1242 pertains to the authority of judges in Texas to impose periods of confinement in county jails as part of community supervision for individuals who violate their supervision conditions. The bill proposes amendments to the existing Code of Criminal Procedure, specifically modifying the penalties for violating community supervision terms. This change aims to delineate clear guidelines and accountability measures for defendants on community supervision, aligning the consequences more closely with the number of violations.
Contention
Although the bill is primarily a tool for reinforcing compliance within community supervision programs, it may raise concerns regarding the balance between rehabilitation and punitive measures. Critics might argue that adding confinement periods could undermine the original intent of community supervision, which is designed to reduce recidivism through support rather than punishment. Additionally, there may be public concerns regarding the overuse of jail time in instances that could otherwise be addressed through alternative interventions such as counseling or treatment programs.
Relating to a hearing for an alleged violation of community supervision by a defendant and the manner in which that defendant is required to appear before the court.
Relating to jury instructions regarding parole eligibility, to certain conditions of bail and community supervision, and to the early termination of community supervision and the dismissal and discharge of deferred adjudication community supervision.
Relating to the confinement or detention of certain individuals in a county jail or other facility operated by or for the county and to the compensation to the county for the costs of that confinement or detention.
Relating to the confinement in a county jail of a person pending a transfer to the Texas Department of Criminal Justice and to compensation to a county for certain costs of confinement.
Relating to the confinement in a county jail of a person pending a transfer to the Texas Department of Criminal Justice and to the compensation for certain costs of confinement.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of intoxication manslaughter.
Relating to automatic orders of nondisclosure of criminal history record information for certain misdemeanor defendants who successfully complete a period of community supervision following conviction; authorizing a fee.
Practice of medicine; creating the Supervised Physicians Act; limiting scope of supervised practice; directing specified Boards to promulgate certain rules; requiring collaborative practice arrangements; creating certain exemptions; effective date.
Board of Behavioral Sciences: marriage and family therapists: clinical social workers: professional clinical counselors: supervision of applicants for licensure via videoconferencing.