82R20260 PEP-F
By: Allen, Marquez H.B. No. 2352
Substitute the following for H.B. No. 2352:
By: Allen C.S.H.B. No. 2352
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain inmates for release to
mandatory supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.149, Government Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsection (e) to
read as follows:
(b)(1) This subsection applies to an inmate who:
(A) is serving a sentence for or has been
previously convicted of an offense listed in or described by
Subsection (a) but is nonetheless eligible for release on mandatory
supervision because the offense was committed before the offense
was listed in or described by Subsection (a);
(B) is serving a sentence for or has been
previously convicted of:
(i) a felony of the third degree or any
higher category of offense under Section 15.031, 19.04, 20.03,
20A.02, 21.12, 22.01, 22.05, 22.07, 25.08, or 25.11, Penal Code; or
(ii) a felony of the first or second degree
under Section 22.09, Penal Code;
(C) has been previously convicted at least two
times of a felony offense and served at least two terms of
imprisonment in a facility operated by or under contract with the
department; or
(D) has been the subject of major disciplinary
action within the 12-month period preceding the inmate's scheduled
release date as determined under Section 508.147, if the director
or director's designee, after consulting with the warden of the
unit to which the inmate is assigned, recommends review by a parole
panel under Subdivision (2).
(2) An inmate to whom this subsection applies may not
be released to mandatory supervision if a parole panel determines
that:
(A) [(1)] the inmate's accrued good conduct time
is not an accurate reflection of the inmate's potential for
rehabilitation; and
(B) [(2)] the inmate's release would endanger
the public.
(c) A parole panel that makes a determination under
Subsection (b)(2) [(b)] shall specify in writing the reasons for
the determination.
(d) A determination under Subsection (b)(2) [(b)] is not
subject to administrative or judicial review, except that the
parole panel making the determination shall reconsider the inmate
for release to mandatory supervision at least twice during the two
years after the date of the determination.
(e) An inmate not described by Subsection (a) or (b) is
entitled to release on the inmate's scheduled release date as
provided by Section 508.147.
SECTION 2. The change in law made by this Act applies to any
inmate serving a term of imprisonment 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 when the inmate
was sentenced to serve that term.
SECTION 3. This Act takes effect September 1, 2011.