Texas 2009 - 81st Regular

Texas House Bill HB3377 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9717 KCR-D
2	2	By: Hodge H.B. No. 3377
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of, departure from, and modification
8	8	of certain parole guidelines and recommended parole approval rates.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 508.144, Government Code, is amended by
11	11	adding Subsections (a-1) and (g) and amending Subsections (b) and
12	12	(e) to read as follows:
13	13	(a-1) The parole guidelines adopted under Subsection (a)
14	14	must include criteria that are specifically ascertainable in
15	15	relation to an individual inmate for whom a parole decision is made.
16	16	(b) If a board member or parole commissioner deviates from
17	17	the parole guidelines in voting on a parole decision, the member or
18	18	parole commissioner shall:
19	19	(1) produce a written statement describing in detail:
20	20	(A) the specific circumstances regarding the
21	21	departure from the guidelines, including any parole guideline
22	22	described by Subsection (a-1); and
23	23	(B) any specific actions or steps an inmate who
24	24	is denied release must take before the inmate is reconsidered in
25	25	accordance with Section 508.141(g) to have the greatest likelihood
26	26	of being released on parole on reconsideration;
27	27	(2) place a copy of the statement in the file of the
28	28	inmate for whom the parole decision was made; and
29	29	(3) provide a copy of the statement to the inmate.
30	30	(e) Based on the board's review of the parole guidelines
31	31	under Subsection (d), the board may:
32	32	(1) update the guidelines by:
33	33	(A) including new risk factors; or
34	34	(B) changing the values of offense severity or
35	35	risk factor scores; or
36	36	(2) subject to Subsection (g), modify the recommended
37	37	parole approval rates under the guidelines, if parole approval
38	38	rates differ significantly from the recommended rates.
39	39	(g) The board may lower a recommended parole approval rate
40	40	under Subsection (e)(2) only if the current recommended parole
41	41	approval rate threatens the public safety.
42	42	SECTION 2. (a) The Board of Pardons and Paroles shall
43	43	establish the parole guidelines described by Section 508.144(a-1),
44	44	Government Code, as added by this Act, not later than January 1,
45	45	2010.
46	46	(b) Section 508.144(b), Government Code, as amended by this
47	47	Act, applies only to a parole decision made on or after the
48	48	effective date of this Act. A parole decision made before the
49	49	effective date of this Act is covered by the law in effect on the
50	50	date the decision was made, and the former law is continued in
51	51	effect for that purpose.
52	52	(c) Section 508.144(g), Government Code, as added by this
53	53	Act, applies only to the modification of a recommended parole
54	54	approval rate that occurs on or after the effective date of this
55	55	Act. The modification of a parole approval rate that occurs before
56	56	the effective date of this Act is covered by the law in effect when
57	57	the modification occurred, and the former law continues in effect
58	58	for that purpose.
59	59	SECTION 3. This Act takes effect September 1, 2009.