Bill Text: TX SB955 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the release on parole of certain youthful offenders; changing parole eligibility.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-03-07 - Co-author authorized [SB955 Detail]
Download: Texas-2023-SB955-Introduced.html
By: Springer, et al. | S.B. No. 955 | |
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relating to the release on parole of certain youthful | ||
offenders; changing parole eligibility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as Senator Eddie Luccio, | ||
Jr. Act. | ||
SECTION 2. Chapter 37, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Sec. 37.07, Sec. 4. (a). In the penalty phase of the trial of | ||
a felony case in which the punishment is to be assessed by the jury | ||
rather than the court, if the offense of which the jury has found | ||
the defendant guilty is an offense under Section 71.02, Penal Code, | ||
other than an offense punishable as a state jail felony under that | ||
section, an offense under Section 71.023, Penal Code, or an offense | ||
listed in Article 42A.054(a), or if the judgment contains an | ||
affirmative finding under Article 42A.054(c) or (d), unless the | ||
defendant has been convicted of an offense under Section 21.02, | ||
Penal Code, an offense under Section 22.021, Penal Code, that is | ||
punishable under Subsection (f) of that section, or a capital | ||
felony, the court shall charge the jury in writing as follows: | ||
"The length of time for which a defendant is imprisoned may be | ||
reduced by the award of parole. | ||
"Under the law applicable in this case, if the defendant is | ||
sentenced to a term of imprisonment, the defendant will not become | ||
eligible for parole until the actual time served equals one-half of | ||
the sentence imposed or 30 years, whichever is less. If the | ||
defendant is sentenced to a term of less than four years, the | ||
defendant must serve at least two years before the defendant is | ||
eligible for parole. Eligibility for parole does not guarantee | ||
that parole will be granted. | ||
"Under the law applicable in this case, if the defendant is | ||
sentenced to a term of imprisonment as a result of an offense that | ||
occurred while the defendant was a child within the meaning | ||
assigned under Title 3 of the Family Code, the defendant will not | ||
become eligible for parole until the actual time served equals | ||
one-fourth of the sentence imposed or 20 years, whichever is less, | ||
but in no event is the inmate eligible for release on parole in less | ||
than two calendar years unless the inmate would otherwise be | ||
eligible for release on parole under other applicable law. | ||
Eligibility for parole does not guarantee that parole will be | ||
granted." | ||
"It cannot accurately be predicted how the parole law might | ||
be applied to this defendant if sentenced to a term of imprisonment, | ||
because the application of that law will depend on decisions made by | ||
parole authorities. | ||
"You may consider the existence of the parole law. You are | ||
not to consider the manner in which the parole law may be applied to | ||
this particular defendant." | ||
SECTION 3. Chapter 498, Government Code, is amended to read | ||
as follows: | ||
Sec 498.003. ACCRUAL OF GOOD CONDUCT TIME. (a) Good conduct | ||
time applies only to eligibility for parole or mandatory | ||
supervision as provided by Section 508.145, Section 508.1451, or | ||
508.147 and does not otherwise affect an inmate's term. Good | ||
conduct time is a privilege and not a right. Regardless of the | ||
classification of an inmate, the department may grant good conduct | ||
time to the inmate only if the department finds that the inmate is | ||
actively engaged in an agricultural, vocational, or educational | ||
endeavor, in an industrial program or other work program, or in a | ||
treatment program, unless the department finds that the inmate is | ||
not capable of participating in such a program or endeavor. | ||
SECTION 4. Chapter 498, Government Code, is amended to read | ||
as follows: | ||
Sec 498.004. FORFEITURE AND RESTORATION OF GOOD CONDUCT TIME. | ||
(c) The department shall establish a policy regarding the | ||
suspension of good conduct time under Subsection (a). The policy | ||
must provide that: | ||
(1) the department will consider the severity of an | ||
inmate's offense or violation in determining whether to suspend all | ||
or part of the inmate's good conduct time instead of forfeiting the | ||
inmate's good conduct time; | ||
(2) during any period of suspension, good conduct time | ||
placed in suspension may not be used: | ||
(A) for purposes of granting privileges to an | ||
inmate; or | ||
(B) to compute an inmate's eligibility for parole | ||
under Section 508.145 or Section 508.1451 or to determine an | ||
inmate's date of release to mandatory supervision under Section | ||
508.147; | ||
(3) at the conclusion of any period of suspension, the | ||
department may forfeit or reinstate the good conduct time placed in | ||
suspension based on the inmate's conduct during the period of the | ||
suspension; and | ||
(4) in determining whether to forfeit or reinstate | ||
good conduct time placed in suspension, the department must | ||
consider whether any impact to public safety is likely to result | ||
from the inmate's release on parole or to mandatory supervision if | ||
the good conduct time is reinstated. | ||
SECTION 5. Chapter 499, Government Code, is amended to read | ||
as follows: | ||
Sec 499.053. TRANSFERS FROM TEXAS JUVENILE JUSTICE | ||
DEPARTMENT OR POST-ADJUDICATION SECURE CORRECTIONAL FACILITY. (d) | ||
A person transferred from the Texas Juvenile Justice Department or | ||
a post-adjudication secure correctional facility for the offense of | ||
capital murder shall become eligible for parole as provided in | ||
Section 508.1451 [ |
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42A.054, Code of Criminal Procedure, or an offense for which a | ||
deadly weapon finding has been made. | ||
SECTION 6. Subchapter E, Chapter 508, Government Code, is | ||
amended by adding Section 508.1451 to read as follows: | ||
Section 508.1451. ELIGIBILITY AND CONSIDERATIONS FOR RELEASE | ||
ON PAROLE; COMPUTATION OF PAROLE ELIGIBILITY DATE FOR CERTAIN | ||
YOUTHFUL OFFENDERS. | ||
(a) Eligibility and Computation of Release Date | ||
(1) This section applies only to the eligibility for | ||
release and computation of parole eligibility date for an inmate | ||
who is serving a sentence at the Texas Department of Criminal | ||
Justice for a felony offense committed when the person was under | ||
eighteen, except for a capital felony under Section 19.03(a)(1) or | ||
(7). | ||
(2) An inmate eligible as provided by Subsection | ||
(a)(1) who is serving a sentence under Section 12.31(a)(1), Penal | ||
Code for a capital felony is not eligible for release on parole | ||
until the actual calendar time the inmate has served, without | ||
consideration of good conduct time, equals 20 [ |
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(3) Any other inmate eligible as provided by | ||
Subsection (a)(1) is eligible for release in accordance with | ||
Section 508.145 (f). | ||
(b) Parole Considerations for Youthful Offenders | ||
(1) 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: | ||
(A) the diminished culpability of youth, as | ||
compared to that of adults; | ||
(B) the hallmark features of youth; and | ||
(C) the greater capacity of youth for change, as | ||
compared to that of adults. | ||
(2) 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: | ||
(A) consider the age of the inmate at the time of | ||
the commission of the offense as a mitigating factor in favor of | ||
granting release on parole; | ||
(B) permit persons having knowledge of the inmate | ||
before the inmate committed the offense or having knowledge of the | ||
inmate's growth and maturity after the offense was committed to | ||
submit statements regarding the inmate for consideration by the | ||
parole panel. | ||
(c) This section does not: | ||
(1) affect the rights granted under this chapter or | ||
Article 56A.051, Code of Criminal Procedure, to a victim, guardian | ||
of a victim, or close relative of a deceased victim; or | ||
(2) create a legal cause of action. | ||
SECTION 7. Chapter 508, Government Code, is amended to read | ||
as follows: | ||
Sec. 508.151. PRESUMPTIVE PAROLE DATE. (b) The | ||
presumptive parole date may not be a date that is earlier than the | ||
inmate's initial parole eligibility date computed under Section | ||
508.145 or Section 508.1451. | ||
SECTION 8. The change in law made by this Act applies to any | ||
inmate who was under eighteen at the time of the offense who is | ||
serving a sentence at 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 9. This Act takes effect September 1, 2023. |