83R2644 PEP-D
By: Thompson of Harris H.B. No. 512
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain inmates for release on
medically recommended intensive supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 508.146(a) and (f), Government Code,
are amended 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, or an inmate who has a reportable
conviction or adjudication under Chapter 62, Code of Criminal
Procedure, may only be considered 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) having a physical disability, [elderly,
physically disabled, mentally ill, terminally ill, or mentally
retarded or having a] condition requiring long-term care, or
terminal illness [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 a mental illness or intellectual and developmental
disability [an organic brain syndrome with significant to total
mobility impairment, if the inmate is an inmate who has a reportable
conviction or adjudication 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.
(f) An inmate who is not a citizen of the United States, as
defined by federal law, and who is not under a sentence of death or
life without parole[, and who does not have a reportable conviction
or adjudication under Chapter 62, Code of Criminal Procedure, or an
instant offense described in Section 3g, Article 42.12, Code of
Criminal Procedure,] may be released to immigration authorities
pending deportation on a date designated by a parole panel
described by Subsection (e) if the parole panel determines that on
release the inmate would be deported to another country and that the
inmate does not constitute a threat to public safety in the other
country or this country and is unlikely to reenter this country
illegally.
SECTION 2. This Act takes effect September 1, 2013.