Texas § GV.508.251 - ISSUANCE OF WARRANT OR SUMMONS

§ GV.508.251. ISSUANCE OF WARRANT OR SUMMONS

ISSUANCE OF WARRANT OR SUMMONS. (a) In a case of parole or mandatory supervision, the director or a designated agent of the director or, in another case, the board on order by the governor, may issue a warrant as provided by Section 508.252 for the return of: (1) a releasee; (2) an inmate released although not eligible for release; (3) a resident released to a preparole or work program; (4) an inmate released on emergency reprieve or on emergency absence under escort; or (5) a person released on a conditional pardon. (b) A warrant issued under Subsection (a) must require the return of the person to the institution from which the person was paroled or released. (c) Instead of the issuance of a warrant under this section, the division: (1) may issue to the person a summons requiring the person to appear for a hearing under Section 508.281 if the person: (A) is not a releasee who is: (i) on intensive supervision or superintensive supervision; (ii) an absconder; or (iii) determined by the division to be a threat to public safety; or (B) is charged only with committing a new offense that is alleged to have been committed after the first anniversary of the date the person was released on parole or to mandatory supervision if: (i) the new offense is a Class C misdemeanor under the Penal Code, other than an offense committed against a child younger than 17 years of age or an offense involving family violence, as defined by Section 71.004 , Family Code; (ii) the person has maintained steady employment for at least one year; (iii) the person has maintained a stable residence for at least one year; and (iv) the person has not previously been charged with an offense after the person was released on parole or to mandatory supervision; and (2) shall issue to the person a summons requiring the person to appear for a hearing under Section 508.281 if the person: (A) is charged only with committing an administrative violation of release that is alleged to have been committed after the first anniversary of the date the person was released on parole or to mandatory supervision; (B) is not serving a sentence for, and has not been previously convicted of, an offense listed in or described by Article 62.001 (5), Code of Criminal Procedure; and (C) is not a releasee with respect to whom a summons may not be issued under Subdivision (1). (c-1) A summons issued under Subsection (c) must state the time, date, place, and purpose of the hearing. (d) A designated agent of the director acts independently from a parole officer and must receive specialized training as determined by the director. Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 264, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 546 (H.B. 2735 ), Sec. 1, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 693 (H.B. 710 ), Sec. 1, eff. September 1, 2015.