Texas 2019 - 86th Regular

Texas House Bill HB256 Compare Versions

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

Old	New	Differences
1	1	86R3115 JRR-D
2	2	By: Moody H.B. No. 256
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 508.046, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
14	14	parole an inmate who is serving a sentence for [was convicted of] an
15	15	offense under Section 20A.03, 21.02, 21.11(a)(1), or 22.021, Penal
16	16	Code, or who is serving a sentence under Section 12.42(c)(2), Penal
17	17	Code [required under Section 508.145(c) to serve 35 calendar years
18	18	before becoming eligible for release on parole], all members of the
19	19	board must vote on the release on parole of the inmate, and at least
20	20	two-thirds of the members must vote in favor of the release on
21	21	parole. A member of the board may not vote on the release unless the
22	22	member first receives a copy of a written report from the department
23	23	on the probability that the inmate would commit an offense after
24	24	being released on parole.
25	25	SECTION 2. Subchapter E, Chapter 508, Government Code, is
26	26	amended by adding Section 508.1415 to read as follows:
27	27	Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR
28	28	YOUTHFUL OFFENDERS. (a) This section applies only to the
29	29	consideration for release on parole of an inmate who:
30	30	(1) is eligible for release on parole; and
31	31	(2) was younger than 18 years of age at the time the
32	32	offense for which the inmate is eligible for release on parole was
33	33	committed.
34	34	(b) In determining whether to release an inmate described by
35	35	Subsection (a) on parole, a parole panel shall assess the growth and
36	36	maturity of the inmate, taking into consideration:
37	37	(1) the diminished culpability of juveniles as
38	38	compared to that of adults; and
39	39	(2) the hallmark features of youth.
40	40	(c) In assessing an inmate's growth and maturity, a parole
41	41	panel shall consider the following information about the inmate:
42	42	(1) age at the time of the offense;
43	43	(2) developmental stage at the time of the offense;
44	44	(3) family and community environment;
45	45	(4) ability to appreciate the risks and consequences
46	46	of the conduct;
47	47	(5) intellectual capacity;
48	48	(6) if presented to the panel, the outcome of a
49	49	comprehensive mental health evaluation that:
50	50	(A) is conducted by an expert unaffiliated with
51	51	the board, such as a psychiatrist, psychologist, or psychiatric
52	52	mental health advanced practice registered nurse, who is qualified
53	53	by education and clinical training in adolescent mental health
54	54	issues; and
55	55	(B) may include:
56	56	(i) family interviews;
57	57	(ii) family history;
58	58	(iii) prenatal history;
59	59	(iv) developmental history;
60	60	(v) medical history;
61	61	(vi) history of treatment for substance
62	62	use;
63	63	(vii) social history; and
64	64	(viii) a psychological evaluation;
65	65	(7) peer or familial pressure;
66	66	(8) level of participation in the offense;
67	67	(9) inability to effectively communicate with defense
68	68	counsel or to participate meaningfully in the defense of the case;
69	69	(10) capacity for or demonstrations of
70	70	rehabilitation;
71	71	(11) school records and special education
72	72	evaluations;
73	73	(12) trauma history;
74	74	(13) faith and community involvement;
75	75	(14) involvement in the child welfare system; and
76	76	(15) any other mitigating factor or circumstance.
77	77	(d) The board may employ a psychiatrist, psychologist, or
78	78	psychiatric mental health advanced practice registered nurse who is
79	79	qualified by education and clinical training in adolescent mental
80	80	health issues to:
81	81	(1) conduct an evaluation described by Subsection
82	82	(c)(6), regardless of whether the evaluation is also conducted by
83	83	an expert unaffiliated with the board under that subdivision; or
84	84	(2) assist a parole panel in performing its other
85	85	duties under this section.
86	86	(e) The board shall adopt a policy establishing factors for
87	87	a parole panel to consider when reviewing for release on parole an
88	88	inmate to whom this section applies to ensure that the inmate is
89	89	provided a meaningful opportunity to obtain release. The policy
90	90	must allow persons having knowledge of the inmate before the inmate
91	91	committed the offense for which the inmate is eligible for parole or
92	92	having knowledge of the inmate's growth and maturity after the
93	93	offense was committed to submit statements regarding the inmate to
94	94	the parole panel, including:
95	95	(1) family members and friends of the inmate;
96	96	(2) school personnel;
97	97	(3) faith leaders; and
98	98	(4) representatives of community-based organizations.
99	99	(f) This section does not affect the rights granted under
100	100	this chapter or Article 56.02, Code of Criminal Procedure, to a
101	101	victim, guardian of a victim, or close relative of a deceased
102	102	victim.
103	103	SECTION 3. Section 508.145, Government Code, is amended by
104	104	adding Subsection (d-2) to read as follows:
105	105	(d-2)(1) This subsection applies only to an inmate who:
106	106	(A) is serving a sentence for:
107	107	(i) a capital or first degree felony
108	108	described by Article 42A.054(a), Code of Criminal Procedure;
109	109	(ii) an offense under Section 20A.03,
110	110	21.02, or 71.023, Penal Code; or
111	111	(iii) a first degree felony under Section
112	112	71.02, 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 4. Sections 499.053(d) and 508.145(b), Government
123	123	Code, are repealed.
124	124	SECTION 5. 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 6. 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, 2019.