HBA-TBM H.B. 1585 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1585
By: Gallego
Corrections
3/4/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the Board of Pardons and Paroles has the authority to determine
the conditions of parole and mandatory supervision for most prisoners
incarcerated in the institutional division of the Texas Department of
Criminal Justice.  It also has the authority to establish the terms and
conditions for the revocation of parole, mandatory supervision, or
conditional pardon.  Under current law, the Government Code provides
sanctions for a person whose parole or mandatory supervision is revoked.  A
person released on parole, mandatory supervision, or conditional pardon may
be required to serve the remaining portion of the sentence on which the
inmate was released without credit for the period the person was released,
but there is no distinction made between types of releasees.  House Bill
1585 establishes distinctions in sanctions for releasees whose parole,
mandatory supervision, or conditional pardon is revoked.   

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. 

ANALYSIS

House Bill 1585 amends the Government Code to provide that if the parole,
mandatory supervision, or conditional pardon of a person whose offense
makes the person ineligible for release on mandatory supervision is
revoked, the person may be required to serve the remaining portion of the
sentence on which the person was released.  If the parole, mandatory
supervision, or conditional pardon of a person who is eligible for release
on mandatory supervision is revoked, the person may be required to serve
the remaining portion of the sentence on which the person was released.
For a person who on the date of issuance of a warrant or summons initiating
the revocation process (date of issuance) is subject to a sentence for
which the remaining portion is greater than the amount of time from the
date of the person's release to the date of issuance, the remaining portion
is to be served without credit for the time from the date of the person's
release to the date of revocation.  For a person who on the date of
issuance is subject to a sentence for which the remaining portion is less
than the amount of time from the date of the person's release to the date
of issuance, the remaining portion is to be served without credit for an
amount of time equal to the remaining portion of the sentence on the date
of issuance 

EFFECTIVE DATE

September 1, 2001.