Bill Text: TX HB305 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the release of certain inmates on medically recommended intensive supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Corrections [HB305 Detail]
Download: Texas-2023-HB305-Introduced.html
88R2267 JRR-D | ||
By: J. Johnson of Harris | H.B. No. 305 |
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relating to the release of certain inmates 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 Subsections (a), (b), and (e) and adding Subsection (a-1) | ||
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 Article 42A.054, | ||
Code of Criminal Procedure, or an inmate who has a reportable | ||
conviction or adjudication under Chapter 62, Code of Criminal | ||
Procedure, may only be considered 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) a person who is 65 years of age or older | ||
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intellectual disability, or a physical disability, or a person who | ||
has a condition requiring long-term care, if the inmate is an inmate | ||
with an instant offense that is described in Article 42A.054, 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 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 [ |
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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. | ||
(a-1) An inmate who is not under a sentence of death or life | ||
without parole and who does not have a reportable conviction or | ||
adjudication under Chapter 62, Code of Criminal Procedure, or an | ||
instant offense described in Article 42A.054, Code of Criminal | ||
Procedure, may be released on medically recommended intensive | ||
supervision on a date designated by a parole panel described by | ||
Subsection (e) if: | ||
(1) the inmate is 65 years of age or older; and | ||
(2) the parole panel determines that the inmate does | ||
not constitute a threat to public safety. | ||
(b) An inmate may be released on medically recommended | ||
intensive supervision under Subsection (a) only if the inmate's | ||
medically recommended intensive supervision plan under Subsection | ||
(a)(3) is approved by the Texas Correctional Office on Offenders | ||
with Medical or Mental Impairments. | ||
(e) Only parole panels composed of the presiding officer of | ||
the board and two members appointed to the panel by the presiding | ||
officer may make determinations regarding the release of inmates on | ||
medically recommended intensive supervision under Subsection (a) | ||
or (a-1) or of inmates released pending deportation. If the Texas | ||
Correctional Office [ |
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Impairments identifies an inmate as a candidate for release under | ||
the guidelines established by Subsection (a)(1), the office | ||
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subsection relevant information concerning the inmate and the | ||
inmate's potential for release under this section. | ||
SECTION 2. This Act takes effect September 1, 2023. |