| 1 | 1 | | 87R8964 JRR-D |
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| 2 | 2 | | By: Moody H.B. No. 2177 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the release of certain inmates on parole; changing |
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| 8 | 8 | | parole eligibility. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 508.144, Government Code, is amended by |
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| 11 | 11 | | adding Subsection (a-1) to read as follows: |
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| 12 | 12 | | (a-1) The parole guidelines must require a parole panel to |
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| 13 | 13 | | consider the following as mitigating factors favoring parole |
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| 14 | 14 | | approval: |
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| 15 | 15 | | (1) for an inmate serving a sentence for an offense |
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| 16 | 16 | | committed when the inmate was younger than 26 years of age, the |
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| 17 | 17 | | diminished culpability that accompanies the hallmark features of |
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| 18 | 18 | | youth, including immaturity, impetuousness, and the failure to |
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| 19 | 19 | | appreciate risks and consequences; |
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| 20 | 20 | | (2) an inmate's current age and relevant data |
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| 21 | 21 | | regarding the decline in criminality as individuals age; and |
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| 22 | 22 | | (3) if provided to the parole panel, any opinion in |
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| 23 | 23 | | support of an inmate's release on parole from: |
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| 24 | 24 | | (A) the attorney representing the state in the |
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| 25 | 25 | | prosecution of the offense for which the inmate is serving a |
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| 26 | 26 | | sentence; or |
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| 27 | 27 | | (B) the judge that imposed the inmate's sentence. |
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| 28 | 28 | | SECTION 2. Section 508.145, Government Code, is amended by |
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| 29 | 29 | | adding Subsection (g) to read as follows: |
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| 30 | 30 | | (g)(1) Notwithstanding any other provision of this section |
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| 31 | 31 | | and except as provided by Subdivision (2): |
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| 32 | 32 | | (A) an inmate who is 35 years of age or older but |
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| 33 | 33 | | younger than 50 years of age is not eligible for release on parole |
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| 34 | 34 | | until the inmate's actual calendar time served, without |
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| 35 | 35 | | consideration of good conduct time, equals 20 calendar years or the |
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| 36 | 36 | | applicable time provided by another provision of this section, |
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| 37 | 37 | | whichever is less; and |
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| 38 | 38 | | (B) an inmate who is 50 years of age or older is |
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| 39 | 39 | | not eligible for release on parole until the inmate's actual |
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| 40 | 40 | | calendar time served, without consideration of good conduct time, |
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| 41 | 41 | | equals 15 calendar years or the applicable time provided by another |
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| 42 | 42 | | provision of this section, whichever is less. |
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| 43 | 43 | | (2) This subsection does not apply to an inmate |
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| 44 | 44 | | described by Subsection (a), (b), (c), or (d)(1)(A), other than an |
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| 45 | 45 | | inmate serving a sentence for an offense under Section 29.03, Penal |
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| 46 | 46 | | Code. |
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| 47 | 47 | | SECTION 3. As soon as practicable after the effective date |
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| 48 | 48 | | of this Act, the Board of Pardons and Paroles shall modify the |
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| 49 | 49 | | parole guidelines to be in conformity with Section 508.144(a-1), |
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| 50 | 50 | | Government Code, as added by this Act. |
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| 51 | 51 | | SECTION 4. The change in law made by this Act applies to any |
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| 52 | 52 | | inmate who is confined in a facility operated by or under contract |
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| 53 | 53 | | with the Texas Department of Criminal Justice on or after the |
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| 54 | 54 | | effective date of this Act, regardless of whether the offense for |
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| 55 | 55 | | which the inmate is confined occurred before, on, or after the |
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| 56 | 56 | | effective date of this Act. |
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| 57 | 57 | | SECTION 5. This Act takes effect September 1, 2021. |
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