85(R) - 2017
Relating to the release on bail of a defendant arrested following a violation of a condition of community supervision.
No significant fiscal implication to the State is anticipated.
This bill would modify the procedure for judges who have ordered an arrest after an alleged violation of a condition of community supervision. Under current law, if the judge is not available to make a ruling the magistrate of the county shall perform all the duties that judges are charged with fulfilling except for authorizing the defendant’s release. If this bill passes, a magistrate would be able to authorize the release of the individual on bail.
Vote Recommendation Notes
This bill would make a procedural change and grant magistrates the power to release individuals who have been alleged to violate a condition of their community supervision. In addition to our support of swift and immediate sanctions after individuals violate their community supervision, we also think that it is waste of resources to needlessly keep someone incarcerated merely because a judge is unavailable when a magistrate is perfectly capable of performing the duty in the judge's absence. For these reason we support HB 664.