Relating to the payment of restitution by a person released on parole or to mandatory supervision.
Summary
HB 3636 revises the process for collecting and distributing restitution payments made by people released on parole or mandatory supervision. The bill requires the Texas Department of Criminal Justice to send county clerks not only the restitution payment itself, but also the victim’s last known address and a payment history showing dates, amounts, addresses used, and remaining balances. It also makes that information confidential and exempt from public disclosure.
The bill shortens the time before unclaimed restitution is redirected. Under current law referenced in the bill, unclaimed restitution could be treated as abandoned after five years; HB 3636 changes that period to three years. If a victim does not claim restitution within three years of the clerk receiving the first payment, or cannot be located for three years after the last payment, the unclaimed funds must be transferred to the compensation to victims of crimes fund. The bill takes effect September 1, 2025.
Impact
HB 3636 amends Article 42.037 of the Code of Criminal Procedure and Sections 493.035 and 508.322 of the Government Code. It changes the administrative handling of restitution payments by parole and mandatory supervision releasees, imposes new data-sharing duties on the department, and creates confidentiality protections for victim address and payment-history information. It also redirects unclaimed restitution from clerk-held funds to the compensation to victims of crimes fund after the shortened three-year period, affecting county clerks, the Department of Criminal Justice, victims entitled to restitution, and the state fund that supports crime victims.
Sentiment
The available legislative history shows limited recorded debate or voting detail, but the bill’s progress suggests it was actively considered in the corrections process and then left pending when it was laid on the table subject to call in the House. The bill’s structure indicates a policy focus on improving restitution administration and victim-fund management rather than broad criminal justice reform. Overall, the measure appears to have been treated as a technical but meaningful update to restitution procedures.
Contention
The main points of potential contention are the shortened claim period and the transfer of unclaimed restitution to the victims’ compensation fund. Supporters may view the change as a way to prevent restitution from sitting unclaimed indefinitely and to improve recordkeeping and victim contact. Critics could argue that reducing the period from five years to three years gives victims less time to locate or claim payments, especially if they are difficult to find or have changed addresses. The confidentiality provisions and expanded reporting requirements may also raise administrative concerns for clerks and the department, though no specific objections are recorded in the provided materials.
Relating to the execution of a warrant issued for certain releasees who violate a condition of parole or mandatory supervision related to the electronic monitoring of the releasee.
Relating to increasing the criminal penalty and changing the eligibility for community supervision, mandatory supervision, and parole for certain persons convicted of intoxication manslaughter.
Relating to the required approval of certain hospital visits as a condition of release on parole or to mandatory supervision for certain releasees and to the hospital's liability for damages resulting from those visits.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of intoxication manslaughter.