| 1 | 1 | | 84R10953 MEW-D |
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| 2 | 2 | | By: Guillen H.B. No. 4007 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to procedures applicable to a person released on parole or |
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| 8 | 8 | | to mandatory supervision and charged with certain new offenses or |
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| 9 | 9 | | an administrative violation of a condition of release. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 508.254, Government Code, is amended by |
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| 12 | 12 | | amending Subsection (c) and adding Subsections (d), (e), (f), and |
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| 13 | 13 | | (g) to read as follows: |
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| 14 | 14 | | (c) Except as provided by Subsection (d), pending [Pending] |
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| 15 | 15 | | a hearing on a charge of parole violation, ineligible release, or |
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| 16 | 16 | | violation of a condition of mandatory supervision, a person |
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| 17 | 17 | | returned to custody shall remain confined. |
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| 18 | 18 | | (d) A magistrate of the county in which the person is held in |
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| 19 | 19 | | custody may release the person on bond pending the hearing if the |
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| 20 | 20 | | person is arrested or held in custody only on a charge that the |
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| 21 | 21 | | person: |
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| 22 | 22 | | (1) committed an administrative violation of release; |
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| 23 | 23 | | or |
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| 24 | 24 | | (2) violated a condition of release by committing a |
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| 25 | 25 | | new offense for which the person is eligible for release on bond, |
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| 26 | 26 | | other than: |
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| 27 | 27 | | (A) an offense under Title 5 or Chapter 29, Penal |
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| 28 | 28 | | Code; or |
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| 29 | 29 | | (B) an offense involving family violence, as |
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| 30 | 30 | | defined by Section 71.004, Family Code. |
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| 31 | 31 | | (e) The provisions of Chapters 17 and 22, Code of Criminal |
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| 32 | 32 | | Procedure, apply to a person released under Subsection (d) in the |
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| 33 | 33 | | same manner as those provisions apply to a person released pending |
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| 34 | 34 | | an appearance before a court or magistrate, except that the release |
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| 35 | 35 | | under that subsection is conditioned on the person's appearance at |
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| 36 | 36 | | a hearing under this subchapter. |
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| 37 | 37 | | (f) A county that confines in the county jail an inmate or |
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| 38 | 38 | | person to whom Section 508.282(a)(1) applies is entitled to receive |
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| 39 | 39 | | compensation from the state for: |
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| 40 | 40 | | (1) medical or other special needs expenses incurred |
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| 41 | 41 | | during any day the inmate or person is confined in the county jail; |
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| 42 | 42 | | and |
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| 43 | 43 | | (2) the costs of confinement, other than those |
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| 44 | 44 | | described by Subdivision (1), incurred by the county beginning on |
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| 45 | 45 | | the 16th day the inmate or person is confined in the county jail. |
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| 46 | 46 | | (g) A county promptly shall inform the department that an |
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| 47 | 47 | | inmate or person described by Subsection (f) is confined in the |
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| 48 | 48 | | jail. On the first day of each quarter of a county's fiscal year, |
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| 49 | 49 | | the county judge shall certify to the comptroller of public |
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| 50 | 50 | | accounts each inmate or person confined and, for each inmate or |
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| 51 | 51 | | person confined, the amount of medical or other special needs |
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| 52 | 52 | | expenses and costs of confinement incurred during the preceding |
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| 53 | 53 | | fiscal quarter for which the county is entitled to compensation |
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| 54 | 54 | | under Subsection (f). The comptroller shall issue to the |
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| 55 | 55 | | commissioners court of the county a warrant in an amount computed |
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| 56 | 56 | | for the preceding fiscal quarter for all inmates or persons |
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| 57 | 57 | | confined. |
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| 58 | 58 | | SECTION 2. (a) The change in law made by this Act applies |
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| 59 | 59 | | only to a person who on or after the effective date of this Act is |
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| 60 | 60 | | charged with a violation of the person's release on parole or |
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| 61 | 61 | | mandatory supervision. A person who before the effective date of |
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| 62 | 62 | | this Act was charged with a violation of release is governed by the |
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| 63 | 63 | | law in effect when the violation was charged, and the former law is |
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| 64 | 64 | | continued in effect for that purpose. |
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| 65 | 65 | | (b) A county is entitled to compensation from the state |
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| 66 | 66 | | under Section 508.254(f), Government Code, as added by this Act, |
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| 67 | 67 | | only for the confinement of a person who on or after the effective |
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| 68 | 68 | | date of this Act is charged with a violation of release. |
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| 69 | 69 | | SECTION 3. This Act takes effect September 1, 2015. |
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