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
A BILL TO BE ENTITLED
AN ACT
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 [was convicted of] an
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 [required under Section 508.145(c) to serve 35 calendar years
before becoming eligible for release on parole], all members of the
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.