HBA-BSM C.S.H.B. 3114 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3114 By: Ritter Criminal Jurisprudence 4/27/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, many defendants in community supervision are having their probation revoked because of technical violations. Under current law, judges are authorized to sentence defendants in community supervision to time in county jail but not state jail. Allowing a short-term confinement in state jail might provide an additional option for judges regarding violators of community supervision without revoking their probation. C.S.H.B. 3114 provides judges with the option of requiring certain defendants on community supervision who violate conditions of the supervision to submit to a term in state jail. 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 C.S.H.B. 3114 amends the Code of Criminal Procedure to provide that a judge that continues or modifies community supervision after determining that a defendant has violated a condition of community supervision is authorized to require a defendant to submit to a period of confinement in a state jail felony facility for a period of not less than 60 days or more than one year. The bill specifies that this provision only applies to a defendant convicted of a felony other than a state jail felony, criminal homicide, kidnapping and unlawful restraint, sexual offenses, assaultive offenses, or an offense for which registration as a sex offender is required on conviction. A judge that requires a defendant to submit to confinement is authorized to require the defendant to perform any service or participate in any program that is made available to the defendant while the defendant is confined in the state jail felony facility. The bill provides that if after a defendant is required to submit to confinement and the defendant's community supervision is revoked, the defendant is entitled to credit for time served in the state jail felony facility. C.S.H.B. 3114 amends the Government Code to authorize the state jail division to confine defendants in a state jail felony facility as a condition of continuation or modification of community supervision under the above provisions. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3114 differs from the original bill by amending provisions regarding the continuation or modification of community supervision rather than provisions regarding confinement as a condition of community supervision. The substitute adds to the offenses to which the provisions of the bill do not apply. The substitute also provides that if after a defendant is required to submit to confinement and the defendant's community supervision is revoked, the defendant is entitled to credit for time served in the state jail felony facility. The substitute clarifies that the performance of any service or the participation in any program by a defendant that a judge may require is for a service or program that is made available while the defendant is confined in the state jail felony facility.