Relating to the release of an inmate on medically recommended intensive supervision.

The text as introduced · 1,084 words

90R793 JDK-D

By: Ward Johnson
H.B. No. 159

A BILL TO BE ENTITLED

AN ACT

relating to the release of an inmate 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), (a-1), (b), (e), (f), and (g) and adding

Subsection (b-1) to read as follows:

(a) Except as provided by [ Subject to ] Subsection (b), an

inmate, other than an inmate who is serving a sentence of death or

life without parole or an inmate who is not a citizen of the United

States, as defined by federal law, shall [ may ] be released on

medically recommended intensive supervision on a date designated by

a parole panel described by Subsection (e) 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:

(A) being 50 years of age or older [ elderly ],

regardless of whether the inmate has a condition described in

Paragraphs (B)-(H);

(B) being terminally ill;

(C) having a mental illness;

(D) having an intellectual disability or a

physical disability;

(E) having a condition requiring long-term care;

(F) being in a persistent vegetative state;

(G) having an organic brain syndrome with

significant to total mobility impairment; or

(H) having another eligible medical condition as

prescribed by board rule; and

(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 inmate's medically recommended intensive

supervision plan under Subsection (a-1) is approved by the Texas

Correctional Office on Offenders with Medical or Mental

Impairments.

(a-1) The Texas Correctional Office on Offenders with

Medical or Mental Impairments, in cooperation with the division,

shall prepare for an inmate who is eligible [ approved ] for release

under Subsection (a) a medically recommended intensive supervision

plan that requires the inmate to submit to appropriate supervision

under the least restrictive conditions necessary [ electronic

monitoring, places the inmate on super-intensive supervision, or

otherwise ensures appropriate supervision of the inmate ].

(b) A parole panel may not release an inmate on medically

recommended intensive supervision under Subsection (a) if the panel

finds by clear and convincing evidence that the inmate poses a risk

to public safety that cannot be mitigated while under the

supervision of the division. A parole panel acting under this

subsection may not deny an inmate's release on medically

recommended intensive supervision solely on the basis of:

(1) the nature of the offense for which the inmate is

serving the sentence; or

(2) the inmate's criminal history.

(b-1) Not later than the 30th day after the date a parole

panel denies an inmate's release on medically recommended intensive

supervision under Subsection (b), the panel shall:

(1) produce a written statement explaining the reasons

for the panel's finding that the inmate poses a risk to public

safety that cannot be mitigated while under the supervision of the

division;

(2) provide a copy of the statement to the inmate; and

(3) include a copy of the statement in the inmate's

file [ In addition to the requirements of Subsection (a), the

following inmates may be released on medically recommended

intensive supervision under that subsection only if the inmates are

identified under Subsection (a)(1) as:

[ (1) having a condition described by Subsection

(a)(1)(B) or (E), if the inmate has an instant offense that is

described in Article 42A.054, Code of Criminal Procedure; or

[ (2) being in or having a condition described by

Subsection (a)(1)(F) or (G), if the inmate has a reportable

conviction or adjudication under Chapter 62, Code of Criminal

Procedure ].

(e) Parole panels composed of board members and parole

commissioners 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 of

inmates released pending deportation under Subsection (f). If the

Texas Correctional Office on Offenders with Medical or Mental

Impairments identifies an inmate as a candidate for release under

the guidelines established by Subsection (a)(1)[ , (b), ] or (f)(1),

as applicable, the office shall present to a parole panel described

by this subsection relevant information concerning the inmate and

the inmate's potential for release under this section.

(f) An inmate who is not a citizen of the United States, as

defined by federal law, other than an inmate who is serving [ 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 to

immigration authorities pending deportation on a date designated by

a parole panel described by Subsection (e) 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 in or

having a condition described by Subsection (a)(1); and

(2) the parole panel determines that on release the

inmate would be deported to another country and that the inmate does

not constitute a threat to public safety in the other country or

this country and is unlikely to reenter this country illegally.

(g) The board shall adopt rules to administer this section.

The rules must:

(1) specify the procedures for evaluating the

prognosis of inmates who are eligible for medically recommended

intensive supervision under Subsection (a) because of a qualifying

medical condition;

(2) specify the factors, other than an inmate's

condition, that are relevant or statutorily required to release an

inmate on medically recommended intensive supervision; [ and ]

(3) define for purposes of Subsection (b) what

constitutes a risk to public safety that cannot be mitigated while

under the supervision of the division and specify the factors that a

parole panel acting under that subsection must consider when

determining whether an inmate poses a risk to public safety that

cannot be mitigated; and

(4) define for purposes of Subsection (f) what

constitutes a threat to public safety [ for purposes of Subsections

(a)(2) and (f) ] and specify the factors that a parole panel acting

under that subsection [ described by Subsection (e) ] must consider

when determining whether an inmate constitutes a threat to public

safety.

SECTION 2. This Act takes effect September 1, 2027.