Bill Text: TX HB1274 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the release on parole of certain inmates convicted of an offense committed when younger than 18 years of age; changing parole eligibility.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-05-04 - Committee report sent to Calendars [HB1274 Detail]
Download: Texas-2017-HB1274-Comm_Sub.html
85R18352 JRR-D | |||
By: Moody, Wu | H.B. No. 1274 | ||
Substitute the following for H.B. No. 1274: | |||
By: Moody | C.S.H.B. No. 1274 |
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relating to the release on parole of certain inmates convicted of an | ||
offense committed when younger than 18 years of age; changing | ||
parole eligibility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 508.046, Government Code, is amended to | ||
read as follows: | ||
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on | ||
parole an inmate who is serving a sentence for [ |
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offense under Section 20A.03, 21.02, 21.11(a)(1), or 22.021, Penal | ||
Code, or who is serving a sentence under Section 12.42(c)(2), Penal | ||
Code [ |
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board must vote on the release on parole of the inmate, and at least | ||
two-thirds of the members must vote in favor of the release on | ||
parole. A member of the board may not vote on the release unless the | ||
member first receives a copy of a written report from the department | ||
on the probability that the inmate would commit an offense after | ||
being released on parole. | ||
SECTION 2. Subchapter E, Chapter 508, Government Code, is | ||
amended by adding Section 508.1415 to read as follows: | ||
Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR | ||
YOUTHFUL OFFENDERS. (a) This section applies only to the | ||
consideration for release on parole of an inmate who: | ||
(1) is eligible for release on parole; and | ||
(2) was younger than 18 years of age at the time the | ||
offense for which the inmate is eligible for release on parole was | ||
committed. | ||
(b) In determining whether to release an inmate described by | ||
Subsection (a) on parole, a parole panel shall assess the growth and | ||
maturity of the inmate, taking into consideration: | ||
(1) the diminished culpability of juveniles as | ||
compared to that of adults; and | ||
(2) the hallmark features of youth. | ||
(c) In assessing an inmate's growth and maturity, a parole | ||
panel shall consider the following information about the inmate: | ||
(1) age at the time of the offense; | ||
(2) developmental stage at the time of the offense; | ||
(3) family and community environment; | ||
(4) ability to appreciate the risks and consequences | ||
of the conduct; | ||
(5) intellectual capacity; | ||
(6) if presented to the panel, the outcome of a | ||
comprehensive mental health evaluation that is conducted by an | ||
expert unaffiliated with the board, such as a psychiatrist, | ||
psychologist, or psychiatric mental health advanced practice | ||
registered nurse, who is qualified by education and clinical | ||
training in adolescent mental health issues and that may include: | ||
(A) family interviews; | ||
(B) family history; | ||
(C) prenatal history; | ||
(D) developmental history; | ||
(E) medical history; | ||
(F) history of treatment for substance use; | ||
(G) social history; and | ||
(H) a psychological evaluation; | ||
(7) peer or familial pressure; | ||
(8) level of participation in the offense; | ||
(9) inability to effectively communicate with defense | ||
counsel or to participate meaningfully in the defense of the case; | ||
(10) capacity for or demonstrations of | ||
rehabilitation; | ||
(11) school records and special education | ||
evaluations; | ||
(12) trauma history; | ||
(13) faith and community involvement; | ||
(14) involvement in the child welfare system; and | ||
(15) any other mitigating factor or circumstance. | ||
(d) The board may employ a psychiatrist, psychologist, or | ||
psychiatric mental health advanced practice registered nurse who is | ||
qualified by education and clinical training in adolescent mental | ||
health issues to: | ||
(1) conduct an evaluation described by Subsection | ||
(c)(6), regardless of whether the evaluation is also conducted by | ||
an expert unaffiliated with the board under that subdivision; or | ||
(2) assist a parole panel in performing its other | ||
duties under this section. | ||
(e) The board shall adopt a policy establishing factors for | ||
a parole panel to consider when reviewing for release on parole an | ||
inmate to whom this section applies to ensure that the inmate is | ||
provided a meaningful opportunity to obtain release. The policy | ||
must allow persons having knowledge of the inmate before the inmate | ||
committed the offense for which the inmate is eligible for parole or | ||
having knowledge of the inmate's growth and maturity after the | ||
offense was committed to submit statements regarding the inmate to | ||
the parole panel, including: | ||
(1) family members and friends of the inmate; | ||
(2) school personnel; | ||
(3) faith leaders; and | ||
(4) representatives of community-based organizations. | ||
(f) This section does not affect the rights granted under | ||
this chapter or Article 56.02, Code of Criminal Procedure, to a | ||
victim, guardian of a victim, or close relative of a deceased | ||
victim. | ||
SECTION 3. Section 508.145, Government Code, is amended by | ||
adding Subsection (d-2) to read as follows: | ||
(d-2)(1) This subsection applies only to an inmate who: | ||
(A) is serving a sentence for: | ||
(i) a capital or first degree felony | ||
described by Article 42A.054(a), Code of Criminal Procedure; | ||
(ii) an offense under Section 20A.03, | ||
21.02, or 71.023, Penal Code; or | ||
(iii) a first degree felony under Section | ||
71.02, Penal Code; and | ||
(B) was younger than 18 years of age at the time | ||
the offense was committed. | ||
(2) Notwithstanding any other subsection of this | ||
section, an inmate described by Subdivision (1) is not eligible for | ||
release on parole until the inmate's actual calendar time served, | ||
without consideration of good conduct time, equals one-half of the | ||
sentence or 20 calendar years, whichever is less, but in no event is | ||
the inmate eligible for release on parole in less than two calendar | ||
years. | ||
SECTION 4. Sections 499.053(d) and 508.145(b), Government | ||
Code, are repealed. | ||
SECTION 5. The change in law made by this Act applies to any | ||
inmate who is confined in a facility operated by or under contract | ||
with the Texas Department of Criminal Justice on or after the | ||
effective date of this Act, regardless of whether the offense for | ||
which the inmate is confined occurred before, on, or after the | ||
effective date of this Act. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |