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


Office of House Bill AnalysisC.S.H.B. 3504
By: Allen
Corrections
4/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, an offender who is released on parole or mandatory
supervision and who violates the terms of the release or commits another
offense is issued a pre-revocation warrant, known as a blue warrant.
During the 60 days allowed for the processing of a blue warrant, offenders
are detained in county jails.  In the past, this has contributed to
overcrowding in county jails that costs the local taxpayers even though the
parolee is under state supervision.  C.S.H.B. 3504 provides that a violator
may remain under custodial supervision for a period between 60 and 180 days
only if the county commissioners court and the Texas Department of Criminal
Justice have entered into a contract providing for the housing of such
violators. 

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. 3504 amends the Government Code to provide that if a person's
parole or mandatory supervision is modified after it is established that
the person violated conditions of release the board is authorized to
require the releasee to remain under custodial supervision in a county jail
for a period of not less than 60 days or more than 180 days.  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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3504 differs from the original by removing provisions that
provided for the releasee to remain under custodial supervision only for
having violated conditions of release by committing an administrative
violation or an offense punishable by fine only.  The substitute changes
the period of custodial supervision to between 60 and 180 days rather than
a period not to exceed 30 days or not to exceed 90 days if the person
previously violated conditions of release.