83R11989 PEP-D
	By: Bonnen of Brazoria	H.B. No. 2069

	A BILL TO BE ENTITLED
	AN ACT
	relating to the release of inmates convicted of certain violent
	crimes on medically recommended intensive supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 508.146, Government Code, is amended by
	amending Subsection (a) and adding Subsections (g) and (h) to read
	as follows:
	(a)  An inmate other than an inmate who is serving a sentence
	of death or life without parole may be released on medically
	recommended intensive supervision on a date designated by a parole
	panel described by Subsection (e), except that an inmate with an
	instant offense that is an offense described in Section 3g, Article
	42.12, Code of Criminal Procedure, may be considered only if a
	medical condition of terminal illness has been diagnosed by a
	physician and [or] an inmate who has a reportable conviction or
	adjudication for an offense under Chapter 62, Code of Criminal
	Procedure, other than an offense listed in Section 3g(a)(1),
	Article 42.12, Code of Criminal Procedure, may [only] be considered
	only if a medical condition of terminal illness or long-term care
	has been diagnosed by a physician, if:
	(1)  the Texas Correctional Office on Offenders with
	Medical or Mental Impairments, in cooperation with the Correctional
	Managed Health Care Committee, identifies the inmate as being:
	(A)  elderly, physically disabled, mentally ill,
	terminally ill, or mentally retarded [or having a condition
	requiring long-term care], if the inmate is an inmate with an
	instant offense that is described in Section 3g, Article 42.12,
	Code of Criminal Procedure; or
	(B)  in a persistent vegetative state or being a
	person with an organic brain syndrome with significant to total
	mobility impairment, if the inmate is an inmate who has a reportable
	conviction or adjudication for an offense under Chapter 62, Code of
	Criminal Procedure;
	(2)  the parole panel determines that, based on the
	inmate's condition and a medical evaluation, the inmate does not
	constitute a threat to public safety; and
	(3)  the Texas Correctional Office on Offenders with
	Medical or Mental Impairments, in cooperation with the pardons and
	paroles division, has prepared for the inmate a medically
	recommended intensive supervision plan that requires the inmate to
	submit to electronic monitoring, places the inmate on
	super-intensive supervision, or otherwise ensures appropriate
	supervision of the inmate.
	(g)  If the Texas Correctional Office on Offenders with
	Medical or Mental Impairments identifies an inmate as a candidate
	for release under Subsection (a)(1)(A):
	(1)  the division shall notify the victim, guardian of
	the victim, or close relative of a deceased victim of the
	consideration by a parole panel described by Subsection (e) of the
	inmate for release under this section in the same manner as the
	division notifies a victim, guardian of a victim, or close relative
	of a deceased victim under Section 508.117;
	(2)  the parole panel shall allow the victim, guardian
	of the victim, or close relative of a deceased victim to appear in
	person before the board members to present a statement described by
	Section 508.153(a)(2); and
	(3)  before making the determination described by
	Subsection (a)(2), the parole panel must review the circumstances
	surrounding the commission of the instant offense.
	(h)  For purposes of Subsection (g):
	(1)  "close relative of a deceased victim," "guardian
	of a victim," and "victim" have the meanings assigned by Section
	508.117; and
	(2)  if more than one person is authorized to appear in
	person before the board members under Subsection (g)(2), the only
	person entitled to appear is the person chosen as the persons' sole
	representative by all persons authorized to appear.
	SECTION 2.  Section 508.146, Government Code, as amended by
	this Act, applies to the release of an inmate under that section on
	or after the effective date of this Act, regardless of when the
	offense for which the inmate is serving a sentence was committed.
	SECTION 3.  This Act takes effect September 1, 2013.