Texas 2011 - 82nd Regular

Texas House Bill HB2352 Compare Versions

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Old	New	Differences
1	1	82R20260 PEP-F
2	2	By: Allen, Marquez H.B. No. 2352
3	3	Substitute the following for H.B. No. 2352:
4	4	By: Allen C.S.H.B. No. 2352
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the eligibility of certain inmates for release to
10	10	mandatory supervision.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 508.149, Government Code, is amended by
13	13	amending Subsections (b), (c), and (d) and adding Subsection (e) to
14	14	read as follows:
15	15	(b)(1) This subsection applies to an inmate who:
16	16	(A) is serving a sentence for or has been
17	17	previously convicted of an offense listed in or described by
18	18	Subsection (a) but is nonetheless eligible for release on mandatory
19	19	supervision because the offense was committed before the offense
20	20	was listed in or described by Subsection (a);
21	21	(B) is serving a sentence for or has been
22	22	previously convicted of:
23	23	(i) a felony of the third degree or any
24	24	higher category of offense under Section 15.031, 19.04, 20.03,
25	25	20A.02, 21.12, 22.01, 22.05, 22.07, 25.08, or 25.11, Penal Code; or
26	26	(ii) a felony of the first or second degree
27	27	under Section 22.09, Penal Code;
28	28	(C) has been previously convicted at least two
29	29	times of a felony offense and served at least two terms of
30	30	imprisonment in a facility operated by or under contract with the
31	31	department; or
32	32	(D) has been the subject of major disciplinary
33	33	action within the 12-month period preceding the inmate's scheduled
34	34	release date as determined under Section 508.147, if the director
35	35	or director's designee, after consulting with the warden of the
36	36	unit to which the inmate is assigned, recommends review by a parole
37	37	panel under Subdivision (2).
38	38	(2) An inmate to whom this subsection applies may not
39	39	be released to mandatory supervision if a parole panel determines
40	40	that:
41	41	(A) [(1)] the inmate's accrued good conduct time
42	42	is not an accurate reflection of the inmate's potential for
43	43	rehabilitation; and
44	44	(B) [(2)] the inmate's release would endanger
45	45	the public.
46	46	(c) A parole panel that makes a determination under
47	47	Subsection (b)(2) [(b)] shall specify in writing the reasons for
48	48	the determination.
49	49	(d) A determination under Subsection (b)(2) [(b)] is not
50	50	subject to administrative or judicial review, except that the
51	51	parole panel making the determination shall reconsider the inmate
52	52	for release to mandatory supervision at least twice during the two
53	53	years after the date of the determination.
54	54	(e) An inmate not described by Subsection (a) or (b) is
55	55	entitled to release on the inmate's scheduled release date as
56	56	provided by Section 508.147.
57	57	SECTION 2. The change in law made by this Act applies to any
58	58	inmate serving a term of imprisonment in a facility operated by or
59	59	under contract with the Texas Department of Criminal Justice on or
60	60	after the effective date of this Act, regardless of when the inmate
61	61	was sentenced to serve that term.
62	62	SECTION 3. This Act takes effect September 1, 2011.