83R11989 PEP-D
By: Bonnen of Brazoria H.B. No. 2069
A BILL TO BE ENTITLED
AN ACT
relating to the release of inmates convicted of certain violent
crimes on medically recommended intensive supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.146, Government Code, is amended by
amending Subsection (a) and adding Subsections (g) and (h) to read
as follows:
(a) An inmate other than an inmate who is serving a sentence
of death or life without parole may be released on medically
recommended intensive supervision on a date designated by a parole
panel described by Subsection (e), except that an inmate with an
instant offense that is an offense described in Section 3g, Article
42.12, Code of Criminal Procedure, may be considered only if a
medical condition of terminal illness has been diagnosed by a
physician and [or] an inmate who has a reportable conviction or
adjudication for an offense under Chapter 62, Code of Criminal
Procedure, other than an offense listed in Section 3g(a)(1),
Article 42.12, Code of Criminal Procedure, may [only] be considered
only if a medical condition of terminal illness or long-term care
has been diagnosed by a physician, if:
(1) the Texas Correctional Office on Offenders with
Medical or Mental Impairments, in cooperation with the Correctional
Managed Health Care Committee, identifies the inmate as being:
(A) elderly, physically disabled, mentally ill,
terminally ill, or mentally retarded [or having a condition
requiring long-term care], if the inmate is an inmate with an
instant offense that is described in Section 3g, Article 42.12,
Code of Criminal Procedure; or
(B) in a persistent vegetative state or being a
person with an organic brain syndrome with significant to total
mobility impairment, if the inmate is an inmate who has a reportable
conviction or adjudication for an offense under Chapter 62, Code of
Criminal Procedure;
(2) the parole panel determines that, based on the
inmate's condition and a medical evaluation, the inmate does not
constitute a threat to public safety; and
(3) the Texas Correctional Office on Offenders with
Medical or Mental Impairments, in cooperation with the pardons and
paroles division, has prepared for the inmate a medically
recommended intensive supervision plan that requires the inmate to
submit to electronic monitoring, places the inmate on
super-intensive supervision, or otherwise ensures appropriate
supervision of the inmate.
(g) If the Texas Correctional Office on Offenders with
Medical or Mental Impairments identifies an inmate as a candidate
for release under Subsection (a)(1)(A):
(1) the division shall notify the victim, guardian of
the victim, or close relative of a deceased victim of the
consideration by a parole panel described by Subsection (e) of the
inmate for release under this section in the same manner as the
division notifies a victim, guardian of a victim, or close relative
of a deceased victim under Section 508.117;
(2) the parole panel shall allow the victim, guardian
of the victim, or close relative of a deceased victim to appear in
person before the board members to present a statement described by
Section 508.153(a)(2); and
(3) before making the determination described by
Subsection (a)(2), the parole panel must review the circumstances
surrounding the commission of the instant offense.
(h) For purposes of Subsection (g):
(1) "close relative of a deceased victim," "guardian
of a victim," and "victim" have the meanings assigned by Section
508.117; and
(2) if more than one person is authorized to appear in
person before the board members under Subsection (g)(2), the only
person entitled to appear is the person chosen as the persons' sole
representative by all persons authorized to appear.
SECTION 2. Section 508.146, Government Code, as amended by
this Act, applies to the release of an inmate under that section on
or after the effective date of this Act, regardless of when the
offense for which the inmate is serving a sentence was committed.
SECTION 3. This Act takes effect September 1, 2013.