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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures applicable to a person released on parole or |
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to mandatory supervision and charged with certain new offenses or |
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an administrative violation of a condition of release. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.254, Government Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), (f), and |
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(g) to read as follows: |
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(c) Except as provided by Subsection (d), pending [Pending] |
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a hearing on a charge of parole violation, ineligible release, or |
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violation of a condition of mandatory supervision, a person |
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returned to custody shall remain confined. |
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(d) A magistrate of the county in which the person is held in |
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custody may release the person on bond pending the hearing if the |
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person is arrested or held in custody only on a charge that the |
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person: |
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(1) committed an administrative violation of release; |
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or |
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(2) violated a condition of release by committing a |
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new offense for which the person is eligible for release on bond, |
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other than: |
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(A) an offense under Title 5 or Chapter 29, Penal |
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Code; or |
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(B) an offense involving family violence, as |
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defined by Section 71.004, Family Code. |
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(e) The provisions of Chapters 17 and 22, Code of Criminal |
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Procedure, apply to a person released under Subsection (d) in the |
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same manner as those provisions apply to a person released pending |
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an appearance before a court or magistrate, except that the release |
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under that subsection is conditioned on the person's appearance at |
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a hearing under this subchapter. |
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(f) A county that confines in the county jail an inmate or |
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person to whom Section 508.282(a)(1) applies is entitled to receive |
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compensation from the state for: |
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(1) medical or other special needs expenses incurred |
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during any day the inmate or person is confined in the county jail; |
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and |
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(2) the costs of confinement, other than those |
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described by Subdivision (1), incurred by the county beginning on |
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the 16th day the inmate or person is confined in the county jail. |
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(g) A county promptly shall inform the department that an |
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inmate or person described by Subsection (f) is confined in the |
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jail. On the first day of each quarter of a county's fiscal year, |
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the county judge shall certify to the comptroller of public |
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accounts each inmate or person confined and, for each inmate or |
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person confined, the amount of medical or other special needs |
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expenses and costs of confinement incurred during the preceding |
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fiscal quarter for which the county is entitled to compensation |
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under Subsection (f). The comptroller shall issue to the |
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commissioners court of the county a warrant in an amount computed |
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for the preceding fiscal quarter for all inmates or persons |
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confined. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to a person who on or after the effective date of this Act is |
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charged with a violation of the person's release on parole or |
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mandatory supervision. A person who before the effective date of |
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this Act was charged with a violation of release is governed by the |
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law in effect when the violation was charged, and the former law is |
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continued in effect for that purpose. |
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(b) A county is entitled to compensation from the state |
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under Section 508.254(f), Government Code, as added by this Act, |
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only for the confinement of a person who on or after the effective |
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date of this Act is charged with a violation of release. |
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SECTION 3. This Act takes effect September 1, 2015. |