Relating to the placement on community supervision of certain defendants convicted of a state jail felony.
Impact
The provisions established under HB2736 would primarily influence defendants serving sentences for state jail felonies, encouraging compliance with supervision terms while creating a more structured process for transitioning offenders back into the community. When defendants complete at least half of their imposed sentence, the bill mandates that they may be placed on community supervision unless specific exceptions apply, such as prior adjudications for serious offenses. This change aims to streamline the judicial process for managing offenders while attempting to reduce overcrowding in state jails and support resource allocation for the Texas Department of Criminal Justice.
Summary
House Bill 2736 aims to amend the Texas Code of Criminal Procedure regarding offenders convicted of state jail felonies. The bill introduces significant changes to the process of community supervision, particularly when a defendant violates the terms of their supervision. Specifically, it allows for the forfeiture of previously earned time credits upon revocation, meaning that offenders face stricter consequences for non-compliance. Notably, it lays out the procedures for a judge to follow upon reaching the halfway mark of a defendant's sentence, including requirements for holding a hearing to determine suitable community supervision conditions.
Contention
Despite the intended objectives of HB2736, the bill may face scrutiny regarding its potential impact on rehabilitation. Critics might express concern that the forfeiture of time credits could disincentivize positive progress by offenders and increase recidivism rates, as strict penalties could lead to discouragement among those striving for reform. Additionally, the bill strengthens the authority of judges in determining community supervision terms, which may raise questions about consistency and fairness in sentencing among various districts. The balance between ensuring compliance and facilitating rehabilitation will be pivotal in the ongoing discussions surrounding the bill.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited and to certain consequences on conviction of certain offenses.
Relating to the placement on community supervision, including deferred adjudication community supervision, of a defendant who is the primary caretaker of a child.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited, to certain consequences on conviction of certain of those offenses, and to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole of certain persons convicted of sexual assault and aggravated sexual assault.
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 requiring notice regarding the potential eligibility to vote of certain persons convicted of a felony and the duties of a sheriff or jailer relating to elections.
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 increasing criminal penalties for the manufacture or delivery of certain controlled substances; changing the eligibility for community supervision, deferred adjudication community supervision, or mandatory supervision.
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.