TITLE: Relating to the eligibility of certain inmates for release on medically recommended intensive supervision.

SUMMARY: Relating to the eligibility of certain inmates for release on medically recommended intensive supervision.

FULL TEXT:
AN ACT relating to the eligibility of certain inmates for release on medically recommended intensive supervision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 508.146(a) and (f), Government Code, are amended 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, 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) having a physical disability, [elderly, physically disabled, mentally ill, terminally ill, or mentally retarded or having a] condition requiring long-term care, or terminal illness [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 a mental illness or intellectual and developmental disability [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 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. (f) An inmate who is not a citizen of the United States, as defined by federal law, and 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 Section 3g, Article 42.12, 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 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. SECTION 2. This Act takes effect September 1, 2013.