HBA-MSH H.B. 3504 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3504
By: Allen
Corrections
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, an offender released on parole or mandatory
supervision who violated the terms of the release or committed another
offense was issued a pre-revocation warrant, known as a blue warrant.
During the 60 days allowed for the processing of a blue warrant offenders
were detained in county jails.  This contributed to overcrowding in county
jails that cost the local taxpayers even though the parolee was under state
supervision.  House Bill 3504 shortens the time period for processing of a
blue warrant to 30 days, or 90 days if the offender has previously violated
conditions of release. 

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 3504 amends the Government Code to provide that if a person's
parole or mandatory supervision is modified after a hearing at which it is
established that the person violated conditions of release only by
committing an administrative violation or an offense punishable by fine
only, the board is authorized to require the defendant as a condition of
the modification to submit to confinement in a county jail for a period not
to exceed 30 days, or for a period not to exceed 90 days if the person has
previously violated conditions of release.  The bill requires a sheriff to
accept such an inmate only if the commissioners court of the county in
which the sheriff serves and the Texas Department of Criminal Justice have
entered into a contract providing for the housing of such an inmate. 

EFFECTIVE DATE

September 1, 2001.