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.