Texas 2025 - 89th Regular

Texas Senate Bill SB2756 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5081 JDK-D
2	2	By: Cook S.B. No. 2756
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the release of an inmate on medically recommended
10	10	intensive supervision.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 508.146, Government Code, is amended by
13	13	amending Subsections (a), (b), and (f) and adding Subsection (b-1)
14	14	to read as follows:
15	15	(a) Except as provided by Subsection (b), an [An] inmate
16	16	other than an inmate who is serving a sentence of death or life
17	17	without parole shall [may] be released on medically recommended
18	18	intensive supervision on a date designated by a parole panel
19	19	described by Subsection (e)[, except that an inmate with an instant
20	20	offense that is an offense described in Article 42A.054, Code of
21	21	Criminal Procedure, or an inmate who has a reportable conviction or
22	22	adjudication under Chapter 62, Code of Criminal Procedure, may only
23	23	be considered if a medical condition of terminal illness or
24	24	long-term care has been diagnosed by a physician,] if:
25	25	(1) the Texas Correctional Office on Offenders with
26	26	Medical or Mental Impairments, in cooperation with the Correctional
27	27	Managed Health Care Committee, identifies the inmate as [being]:
28	28	(A) being 50 years of age or older;
29	29	(B) being [a person who is elderly or] terminally
30	30	ill;
31	31	(C) having a [, a person with] mental illness;
32	32	(D) having [,] an intellectual disability; [,] or
33	33	(E) having a physical disability[, or a person
34	34	who has a condition requiring long-term care, if the inmate is an
35	35	inmate with an instant offense that is described in Article
36	36	42A.054, Code of Criminal Procedure; or
37	37	[(B) in a persistent vegetative state or being a
38	38	person with an organic brain syndrome with significant to total
39	39	mobility impairment, if the inmate is an inmate who has a reportable
40	40	conviction or adjudication under Chapter 62, Code of Criminal
41	41	Procedure];
42	42	(2) [the parole panel determines that, based on the
43	43	inmate's condition and a medical evaluation, the inmate does not
44	44	constitute a threat to public safety; and
45	45	[(3)] the Texas Correctional Office on Offenders with
46	46	Medical or Mental Impairments, in cooperation with the [pardons and
47	47	paroles] division, has prepared for the inmate a medically
48	48	recommended intensive supervision plan that requires the inmate to
49	49	submit to appropriate supervision under the least restrictive
50	50	conditions necessary; and
51	51	(3) [electronic monitoring, places the inmate on
52	52	super-intensive supervision, or otherwise ensures appropriate
53	53	supervision of the inmate.
54	54	[(b) An inmate may be released on medically recommended
55	55	intensive supervision only if] the inmate's medically recommended
56	56	intensive supervision plan under Subdivision (2) [Subsection
57	57	(a)(3)] is approved by the Texas Correctional Office on Offenders
58	58	with Medical or Mental Impairments.
59	59	(b) A parole panel may not release an inmate on medically
60	60	recommended intensive supervision under Subsection (a) if the panel
61	61	finds by clear and convincing evidence that the inmate poses a risk
62	62	to public safety that cannot be mitigated while under the
63	63	supervision of the division. A parole panel acting under this
64	64	subsection may not deny an inmate's release on medically
65	65	recommended intensive supervision solely on the basis of:
66	66	(1) the nature of the offense for which the inmate is
67	67	serving the sentence; or
68	68	(2) the inmate's criminal history.
69	69	(b-1) Not later than the 30th day after the date a parole
70	70	panel denies an inmate's release on medically recommended intensive
71	71	supervision under Subsection (b), the panel shall:
72	72	(1) produce a written statement explaining the reasons
73	73	for the panel's finding that the inmate poses a risk to public
74	74	safety that cannot be mitigated while under the supervision of the
75	75	division;
76	76	(2) provide a copy of the statement to the inmate; and
77	77	(3) include a copy of the statement in the inmate's
78	78	file.
79	79	(f) An inmate who is not a citizen of the United States, as
80	80	defined by federal law, other than an inmate who is serving [not
81	81	under] a sentence of death or life without parole, [and who does not
82	82	have a reportable conviction or adjudication under Chapter 62, Code
83	83	of Criminal Procedure, or an instant offense described in Article
84	84	42A.054, Code of Criminal Procedure,] may be released to
85	85	immigration authorities pending deportation on a date designated by
86	86	a parole panel described by Subsection (e) if the parole panel
87	87	determines that on release the inmate would be deported to another
88	88	country and that the inmate does not constitute a threat to public
89	89	safety in the other country or this country and is unlikely to
90	90	reenter this country illegally.
91	91	SECTION 2. This Act takes effect September 1, 2025.