Texas 2017 - 85th Regular

Texas Senate Bill SB556 Compare Versions

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

Old	New	Differences
1	1	85R7623 JRR-D
2	2	By: Rodríguez S.B. No. 556
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release on parole of certain inmates convicted of an
8	8	offense committed when younger than 18 years of age; changing
9	9	parole eligibility.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 499.053(d), Government Code, is amended
12	12	to read as follows:
13	13	(d) A person transferred from the Texas Juvenile Justice
14	14	Department or a post-adjudication secure correctional facility for
15	15	the offense of capital murder shall become eligible for parole as
16	16	provided in Section 508.145(d-2) [508.145(d) for an offense listed
17	17	in Article 42A.054, Code of Criminal Procedure, or an offense for
18	18	which a deadly weapon finding has been made].
19	19	SECTION 2. Section 508.046, Government Code, is amended to
20	20	read as follows:
21	21	Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
22	22	parole an inmate who was convicted of an offense under Section
23	23	20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is
24	24	serving a sentence under Section 12.42(c)(2), Penal Code [required
25	25	under Section 508.145(c) to serve 35 calendar years before becoming
26	26	eligible for release on parole], all members of the board must vote
27	27	on the release on parole of the inmate, and at least two-thirds of
28	28	the members must vote in favor of the release on parole. A member of
29	29	the board may not vote on the release unless the member first
30	30	receives a copy of a written report from the department on the
31	31	probability that the inmate would commit an offense after being
32	32	released on parole.
33	33	SECTION 3. Subchapter E, Chapter 508, Government Code, is
34	34	amended by adding Section 508.1415 to read as follows:
35	35	Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR
36	36	YOUTHFUL OFFENDERS. (a) This section applies only to the
37	37	consideration for release on parole of an inmate who:
38	38	(1) is eligible for release on parole; and
39	39	(2) was younger than 18 years of age at the time the
40	40	offense for which the inmate is eligible for release on parole was
41	41	committed.
42	42	(b) In determining whether to release an inmate described by
43	43	Subsection (a) on parole, a parole panel shall assess the growth and
44	44	maturity of the inmate, taking into consideration:
45	45	(1) the diminished culpability of juveniles as
46	46	compared to that of adults; and
47	47	(2) the hallmark features of youth.
48	48	(c) In assessing an inmate's growth and maturity, a parole
49	49	panel shall consider the following information about the inmate:
50	50	(1) age at the time of the offense;
51	51	(2) developmental stage at the time of the offense;
52	52	(3) family and community environment;
53	53	(4) ability to appreciate the risks and consequences
54	54	of the conduct;
55	55	(5) intellectual capacity;
56	56	(6) if presented to the panel, the outcome of a
57	57	comprehensive mental health evaluation that is conducted by a
58	58	disinterested expert unaffiliated with the board, such as a
59	59	psychiatrist or psychologist, who is qualified by education and
60	60	clinical training in adolescent mental health issues and that
61	61	includes:
62	62	(A) family interviews;
63	63	(B) family history;
64	64	(C) prenatal history;
65	65	(D) developmental history;
66	66	(E) medical history;
67	67	(F) history of treatment for substance use;
68	68	(G) social history; and
69	69	(H) a psychological evaluation;
70	70	(7) peer or familial pressure;
71	71	(8) level of participation in the offense;
72	72	(9) inability to effectively communicate with defense
73	73	counsel or to participate meaningfully in the defense of the case;
74	74	(10) capacity for rehabilitation;
75	75	(11) school records and special education
76	76	evaluations;
77	77	(12) trauma history;
78	78	(13) faith and community involvement;
79	79	(14) involvement in the child welfare system; and
80	80	(15) any other mitigating factor or circumstance.
81	81	(d) The board may employ a psychiatrist or psychologist who
82	82	is qualified by education and clinical training to:
83	83	(1) conduct an evaluation described by Subsection
84	84	(c)(6), regardless of whether the evaluation is also conducted by a
85	85	disinterested expert under that subdivision; or
86	86	(2) assist a parole panel in performing its other
87	87	duties under this section.
88	88	(e) The board shall adopt a policy to ensure that an inmate
89	89	to whom this section applies is provided a meaningful opportunity
90	90	to obtain release on parole. The policy must allow the following
91	91	persons having knowledge of the inmate before the inmate committed
92	92	the offense for which the inmate is eligible for parole or having
93	93	knowledge of the inmate's growth and maturity after the offense was
94	94	committed to submit statements regarding the inmate to the parole
95	95	panel:
96	96	(1) family members and friends of the inmate;
97	97	(2) school personnel;
98	98	(3) faith leaders; and
99	99	(4) representatives of community-based organizations.
100	100	SECTION 4. Section 508.145, Government Code, is amended by
101	101	adding Subsection (d-2) to read as follows:
102	102	(d-2)(1) This subsection applies only to an inmate who:
103	103	(A) is serving a sentence for:
104	104	(i) an offense described by Article
105	105	42A.054(a), Code of Criminal Procedure;
106	106	(ii) an offense for which the judgment
107	107	contains an affirmative finding under Article 42A.054(c) or (d),
108	108	Code of Criminal Procedure;
109	109	(iii) an offense for which the punishment
110	110	is increased under Section 481.134, Health and Safety Code; or
111	111	(iv) an offense under Section 20A.03,
112	112	21.02, 71.02, or 71.023, Penal Code; and
113	113	(B) was younger than 18 years of age at the time
114	114	the offense was committed.
115	115	(2) Notwithstanding any other subsection of this
116	116	section, an inmate described by Subdivision (1) is not eligible for
117	117	release on parole until the inmate's actual calendar time served,
118	118	without consideration of good conduct time, equals one-half of the
119	119	sentence or 20 calendar years, whichever is less, but in no event is
120	120	the inmate eligible for release on parole in less than two calendar
121	121	years.
122	122	SECTION 5. Section 508.145(b), Government Code, is
123	123	repealed.
124	124	SECTION 6. The change in law made by this Act applies to any
125	125	inmate who is confined in a facility operated by or under contract
126	126	with the Texas Department of Criminal Justice on or after the
127	127	effective date of this Act, regardless of whether the offense for
128	128	which the inmate is confined occurred before, on, or after the
129	129	effective date of this Act.
130	130	SECTION 7. This Act takes effect immediately if it receives
131	131	a vote of two-thirds of all the members elected to each house, as
132	132	provided by Section 39, Article III, Texas Constitution. If this
133	133	Act does not receive the vote necessary for immediate effect, this
134	134	Act takes effect September 1, 2017.