| 1 | 1 | | 88R2267 JRR-D |
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| 2 | 2 | | By: J. Johnson of Harris H.B. No. 305 |
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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 the release of certain inmates on medically recommended |
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| 8 | 8 | | intensive supervision. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 508.146, Government Code, is amended by |
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| 11 | 11 | | amending Subsections (a), (b), and (e) and adding Subsection (a-1) |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a) An inmate other than an inmate who is serving a sentence |
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| 14 | 14 | | of death or life without parole may be released on medically |
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| 15 | 15 | | recommended intensive supervision on a date designated by a parole |
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| 16 | 16 | | panel described by Subsection (e), except that an inmate with an |
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| 17 | 17 | | instant offense that is an offense described in Article 42A.054, |
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| 18 | 18 | | Code of Criminal Procedure, or an inmate who has a reportable |
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| 19 | 19 | | conviction or adjudication under Chapter 62, Code of Criminal |
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| 20 | 20 | | Procedure, may only be considered if a medical condition of |
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| 21 | 21 | | terminal illness or long-term care has been diagnosed by a |
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| 22 | 22 | | physician, if: |
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| 23 | 23 | | (1) the Texas Correctional Office on Offenders with |
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| 24 | 24 | | Medical or Mental Impairments, in cooperation with the Correctional |
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| 25 | 25 | | Managed Health Care Committee, identifies the inmate as being: |
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| 26 | 26 | | (A) a person who is 65 years of age or older |
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| 27 | 27 | | [elderly] or terminally ill, a person with mental illness, an |
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| 28 | 28 | | intellectual disability, or a physical disability, or a person who |
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| 29 | 29 | | has a condition requiring long-term care, if the inmate is an inmate |
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| 30 | 30 | | with an instant offense that is described in Article 42A.054, Code |
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| 31 | 31 | | of Criminal Procedure; or |
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| 32 | 32 | | (B) in a persistent vegetative state or being a |
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| 33 | 33 | | person with an organic brain syndrome with significant to total |
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| 34 | 34 | | mobility impairment, if the inmate is an inmate who has a reportable |
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| 35 | 35 | | conviction or adjudication under Chapter 62, Code of Criminal |
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| 36 | 36 | | Procedure; |
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| 37 | 37 | | (2) the parole panel determines that, based on the |
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| 38 | 38 | | inmate's condition and a medical evaluation, the inmate does not |
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| 39 | 39 | | constitute a threat to public safety; and |
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| 40 | 40 | | (3) the Texas Correctional Office on Offenders with |
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| 41 | 41 | | Medical or Mental Impairments, in cooperation with the [pardons and |
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| 42 | 42 | | paroles] division, has prepared for the inmate a medically |
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| 43 | 43 | | recommended intensive supervision plan that requires the inmate to |
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| 44 | 44 | | submit to electronic monitoring, places the inmate on |
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| 45 | 45 | | super-intensive supervision, or otherwise ensures appropriate |
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| 46 | 46 | | supervision of the inmate. |
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| 47 | 47 | | (a-1) An inmate who is not under a sentence of death or life |
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| 48 | 48 | | without parole and who does not have a reportable conviction or |
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| 49 | 49 | | adjudication under Chapter 62, Code of Criminal Procedure, or an |
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| 50 | 50 | | instant offense described in Article 42A.054, Code of Criminal |
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| 51 | 51 | | Procedure, may be released on medically recommended intensive |
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| 52 | 52 | | supervision on a date designated by a parole panel described by |
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| 53 | 53 | | Subsection (e) if: |
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| 54 | 54 | | (1) the inmate is 65 years of age or older; and |
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| 55 | 55 | | (2) the parole panel determines that the inmate does |
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| 56 | 56 | | not constitute a threat to public safety. |
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| 57 | 57 | | (b) An inmate may be released on medically recommended |
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| 58 | 58 | | intensive supervision under Subsection (a) only if the inmate's |
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| 59 | 59 | | medically recommended intensive supervision plan under Subsection |
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| 60 | 60 | | (a)(3) is approved by the Texas Correctional Office on Offenders |
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| 61 | 61 | | with Medical or Mental Impairments. |
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| 62 | 62 | | (e) Only parole panels composed of the presiding officer of |
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| 63 | 63 | | the board and two members appointed to the panel by the presiding |
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| 64 | 64 | | officer may make determinations regarding the release of inmates on |
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| 65 | 65 | | medically recommended intensive supervision under Subsection (a) |
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| 66 | 66 | | or (a-1) or of inmates released pending deportation. If the Texas |
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| 67 | 67 | | Correctional Office [Council] on Offenders with Medical or Mental |
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| 68 | 68 | | Impairments identifies an inmate as a candidate for release under |
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| 69 | 69 | | the guidelines established by Subsection (a)(1), the office |
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| 70 | 70 | | [council] shall present to a parole panel described by this |
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| 71 | 71 | | subsection relevant information concerning the inmate and the |
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| 72 | 72 | | inmate's potential for release under this section. |
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| 73 | 73 | | SECTION 2. This Act takes effect September 1, 2023. |
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