Texas 2019 - 86th Regular

Texas Senate Bill SB155 Compare Versions

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

Old	New	Differences
1	1	86R670 JG-D
2	2	By: Rodríguez S.B. No. 155
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 shall adopt a policy establishing factors for
78	78	a parole panel to consider when reviewing for release on parole an
79	79	inmate to whom this section applies to ensure that the inmate is
80	80	provided a meaningful opportunity to obtain release. The policy
81	81	must allow persons having knowledge of the inmate before the inmate
82	82	committed the offense for which the inmate is eligible for parole or
83	83	having knowledge of the inmate's growth and maturity after the
84	84	offense was committed to submit statements regarding the inmate to
85	85	the parole panel, including:
86	86	(1) family members and friends of the inmate;
87	87	(2) school personnel;
88	88	(3) faith leaders; and
89	89	(4) representatives of community-based organizations.
90	90	(e) This section does not affect the rights granted under
91	91	this chapter or Article 56.02, Code of Criminal Procedure, to a
92	92	victim, guardian of a victim, or close relative of a deceased
93	93	victim.
94	94	SECTION 3. Section 508.145, Government Code, is amended by
95	95	adding Subsection (d-2) to read as follows:
96	96	(d-2)(1) This subsection applies only to an inmate who:
97	97	(A) is serving a sentence for:
98	98	(i) a capital or first degree felony
99	99	described by Article 42A.054(a), Code of Criminal Procedure;
100	100	(ii) an offense under Section 20A.03,
101	101	21.02, or 71.023, Penal Code; or
102	102	(iii) a first degree felony under Section
103	103	71.02, Penal Code; and
104	104	(B) was younger than 18 years of age at the time
105	105	the offense was committed.
106	106	(2) Notwithstanding any other subsection of this
107	107	section, an inmate described by Subdivision (1) is not eligible for
108	108	release on parole until the inmate's actual calendar time served,
109	109	without consideration of good conduct time, equals one-half of the
110	110	sentence or 20 calendar years, whichever is less, but in no event is
111	111	the inmate eligible for release on parole in less than two calendar
112	112	years.
113	113	SECTION 4. Sections 499.053(d) and 508.145(b), Government
114	114	Code, are repealed.
115	115	SECTION 5. The change in law made by this Act applies to any
116	116	inmate who is confined in a facility operated by or under contract
117	117	with the Texas Department of Criminal Justice on or after the
118	118	effective date of this Act, regardless of whether the offense for
119	119	which the inmate is confined occurred before, on, or after the
120	120	effective date of this Act.
121	121	SECTION 6. This Act takes effect immediately if it receives
122	122	a vote of two-thirds of all the members elected to each house, as
123	123	provided by Section 39, Article III, Texas Constitution. If this
124	124	Act does not receive the vote necessary for immediate effect, this
125	125	Act takes effect September 1, 2019.