Texas Statutes (Last Updated: January 4, 2014) |
GOVERNMENT CODE |
Title 4. EXECUTIVE BRANCH |
Subtitle G. CORRECTIONS |
Chapter 508. PAROLE AND MANDATORY SUPERVISION |
Subchapter H. WARRANTS |
Sec. 508.251. ISSUANCE OF WARRANT OR SUMMONS
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(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 is not a releasee who is:
(A) on intensive supervision or superintensive supervision;
(B) an absconder; or
(C) determined by the division to be a threat to public safety; 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 third 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.