SB2756 - Relating to the release of an inmate on medically recommended intensive supervision.

  89R5081 JDK-D     By: Cook S.B. No. 2756       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), (b), and (f) and adding Subsection (b-1)   to read as follows:          (a)   Except as provided by Subsection (b), an [ An ] inmate   other than an inmate who is serving a sentence of death or life   without parole shall [ 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)   being 50 years of age or older;                       (B)  being [ a person who is elderly or ] terminally   ill ;                       (C)  having a [ , a person with ] mental illness ;                       (D)  having [ , ] an intellectual disability ; [ , ] or                       (E)  having 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 [ pardons and   paroles ] division, has prepared for the inmate a medically   recommended intensive supervision plan that requires the inmate to   submit to appropriate supervision under the least restrictive   conditions necessary; and                 (3)   [ electronic monitoring, places the inmate on   super-intensive supervision, or otherwise ensures appropriate   supervision of the inmate.          [ (b)     An inmate may be released on medically recommended   intensive supervision only if ] the inmate's medically recommended   intensive supervision plan under Subdivision (2) [ Subsection   (a)(3) ] is approved by the Texas Correctional Office on Offenders   with Medical or Mental Impairments.           (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.          (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 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, 2025.