HBA-MPM, NIK, PDH H.B. 854 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 854 By: Capelo Corrections 8/12/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, the Texas Department of Criminal Justice (TDCJ) conducted a Texas Crime Information Center/National Crime Information Center criminal history check on all new admissions to the prison system. If there was an outstanding warrant, TDCJ contacted the appropriate jurisdiction to ask whether it wished to place a detainer on the inmate. If a warrant was issued after an inmate entered the prison system, the entity placing the warrant could verify that the inmate was incarcerated in TDCJ and contact TDCJ if it wanted to place a detainer on the inmate. H.B. 854 requires TDCJ to check for warrants at the time of release to insure that outstanding warrants are addressed before releasing an inmate or defendant from custody. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 493, Government Code, by adding Section 493.0145, as follows: Sec. 493.0145. IDENTIFICATION OF INMATES SUBJECT TO ARREST WARRANT FROM ANOTHER JURISDICTION. Requires the Texas Department of Criminal Justice (TDCJ), prior to the inmate being released on parole or mandatory supervision, to conduct a criminal history record check to determine whether an inmate is the subject of an arrest warrant. Requires TDCJ to allow sufficient time for compliance with any requirements related to notifying the proper authorities of the inmate's discharge or release and, if necessary, processing a demand for extradition of the inmate. SECTION 2.Amends Subchapter B, Chapter 507, Government Code, by adding Section 507.032 as follows: Sec. 507.032. IDENTIFICATION OF DEFENDANTS SUBJECT TO ARREST WARRANT. Requires TDCJ to conduct a criminal history record check for any outstanding arrest warrants before a defendant is released from confinement in a state jail felony facility. Requires TDCJ to allow sufficient time for compliance with any requirements relating to notifying the proper authorities of the defendant's release, and if necessary, processing a demand for extradition of the defendant. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.