89R5081 JDK-D
By: Cook S.B. No. 2756
A BILL TO BE ENTITLED
AN ACT
relating to the release of an inmate 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 Subsections (a), (b), and (f) and adding Subsection (b-1)
to read as follows:
(a) Except as provided by Subsection (b), an [An] inmate
other than an inmate who is serving a sentence of death or life
without parole shall [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 Article 42A.054, 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) being 50 years of age or older;
(B) being [a person who is elderly or] terminally
ill;
(C) having a [, a person with] mental illness;
(D) having [,] an intellectual disability; [,] or
(E) having a physical disability[, or a person
who has a condition requiring long-term care, if the inmate is an
inmate with an instant offense that is described in Article
42A.054, 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 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 appropriate supervision under the least restrictive
conditions necessary; and
(3) [electronic monitoring, places the inmate on
super-intensive supervision, or otherwise ensures appropriate
supervision of the inmate.
[(b) An inmate may be released on medically recommended
intensive supervision only if] the inmate's medically recommended
intensive supervision plan under Subdivision (2) [Subsection
(a)(3)] is approved by the Texas Correctional Office on Offenders
with Medical or Mental Impairments.
(b) A parole panel may not release an inmate on medically
recommended intensive supervision under Subsection (a) if the panel
finds by clear and convincing evidence that the inmate poses a risk
to public safety that cannot be mitigated while under the
supervision of the division. A parole panel acting under this
subsection may not deny an inmate's release on medically
recommended intensive supervision solely on the basis of:
(1) the nature of the offense for which the inmate is
serving the sentence; or
(2) the inmate's criminal history.
(b-1) Not later than the 30th day after the date a parole
panel denies an inmate's release on medically recommended intensive
supervision under Subsection (b), the panel shall:
(1) produce a written statement explaining the reasons
for the panel's finding that the inmate poses a risk to public
safety that cannot be mitigated while under the supervision of the
division;
(2) provide a copy of the statement to the inmate; and
(3) include a copy of the statement in the inmate's
file.
(f) An inmate who is not a citizen of the United States, as
defined by federal law, other than an inmate who is serving [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 Article
42A.054, 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, 2025.