Texas 2021 - 87th Regular

Texas House Bill HB2793 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R19395 JRR-F
2		-	By: J. Johnson of Harris, Sherman, Sr., Wu, H.B. No. 2793
3		-	Reynolds, Romero, Jr., et al.
	2	+	By: J. Johnson of Harris, Sherman, Sr. H.B. No. 2793
	3	+	Substitute the following for H.B. No. 2793:
	4	+	By: Murr C.S.H.B. No. 2793
4	5
5	6
6	7		A BILL TO BE ENTITLED
7	8		AN ACT
8	9		relating to parole determinations and individual treatment plans
9	10		for inmates.
10	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	12		SECTION 1. Section 508.1411(a), Government Code, is amended
12	13		to read as follows:
13	14		(a) For each decision of a parole panel granting or denying
14	15		the release of an inmate on parole, or denying the release of an
15	16		inmate on mandatory supervision, the parole panel shall:
16	17		(1) produce a written statement, in clear and
17	18		understandable language, that explains:
18	19		(A) the decision; [and]
19	20		(B) the reasons for the decision only to the
20	21		extent those reasons relate specifically to the inmate; and
21	22		(C) if the decision is denying the release of an
22	23		inmate on parole, the specific actions the inmate must take to
23	24		address factors that contributed to the denial of parole;
24	25		(2) provide a copy of the statement to the inmate and
25	26		the rehabilitation programs division of the department; and
26	27		(3) place a copy of the statement in the inmate's file.
27	28		SECTION 2. Section 508.144(c), Government Code, is amended
28	29		to read as follows:
29	30		(c) Based on the board's review under Subsection (b), the
30	31		board may:
31	32		(1) update the guidelines by:
32	33		(A) including new risk factors; [or]
33	34		(B) changing the values of offense severity or
34	35		risk factor scores; [or]
35	36		(C) adjusting the way that the guidelines account
36	37		for an inmate's progress on the inmate's individual treatment plan;
37	38		or
38	39		(D) adjusting the risk level of an inmate based
39	40		on the inmate's progress on the inmate's individual treatment plan;
40	41		or
41	42		(2) modify the range of recommended parole approval
42	43		rates under the guidelines, if parole approval rates differ
43	44		significantly from the range of recommended parole approval rates.
44	45		SECTION 3. Section 508.1445(b), Government Code, is amended
45	46		to read as follows:
46	47		(b) The report must include:
47	48		(1) a brief explanation of the parole guidelines,
48	49		including how the board:
49	50		(A) defines the risk factors and offense severity
50	51		levels; [and]
51	52		(B) determines the range of recommended parole
52	53		approval rates for each guideline score;
53	54		(C) accounts for an inmate's progress on the
54	55		inmate's individual treatment plan; and
55	56		(D) uses the guidelines to make an individualized
56	57		determination to approve or deny release on parole;
57	58		(2) a comparison of the range of recommended parole
58	59		approval rates under the parole guidelines to the actual approval
59	60		rates for individual parole panel members, regional offices, and
60	61		the state as a whole; [and]
61	62		(3) a description of instances in which the actual
62	63		parole approval rates do not meet the range of recommended parole
63	64		approval rates under the parole guidelines, an explanation of the
64	65		variations, and a list of actions that the board has taken or will
65	66		take to meet the guidelines; and
66	67		(4) an analysis of parole denials, including the
67	68		reasons for parole denial and information regarding additional
68	69		rehabilitative programming recommended for inmates denied release
69	70		on parole.
70	71		SECTION 4. Section 508.152, Government Code, is amended by
71	72		amending Subsections (a), (b), (b-2), (c), and (e) and adding
72	73		Subsections (b-3), (b-4), and (g) to read as follows:
73	74		(a) Not later than the 45th [120th] day after the date an
74	75		inmate is admitted to the institutional division, the department
75	76		shall obtain all pertinent information relating to the inmate,
76	77		including:
77	78		(1) the court judgment;
78	79		(2) any sentencing report;
79	80		(3) the circumstances of the inmate's offense;
80	81		(4) the inmate's previous social history and criminal
81	82		record;
82	83		(5) the inmate's physical and mental health record;
83	84		(6) a record of the inmate's conduct, employment
84	85		history, and attitude in the institutional division; [and]
85	86		(7) any written comments or information provided by
86	87		local trial officials or victims of the offense;
87	88		(8) an evaluation of the educational, rehabilitative,
88	89		and vocational needs of the inmate; and
89	90		(9) the results of an assessment made using:
90	91		(A) the risk and needs assessment instrument
91	92		adopted under Section 501.0921; or
92	93		(B) another validated risk and needs assessment
93	94		adopted by the department.
94	95		(b) The department shall:
95	96		(1) not later than the 60th day after the date the
96	97		department obtains the information required by Subsection (a),
97	98		establish for the inmate an individual treatment plan and provide
98	99		the plan to the inmate; and
99	100		(2) submit the plan to the board at the time of the
100	101		board's consideration of the inmate's case for release.
101	102		(b-2) At least once in every 12-month period, the department
102	103		shall review each inmate's individual treatment plan to assess the
103	104		inmate's institutional progress and revise or update the plan as
104	105		necessary and shall revise the inmate's risk and needs assessment
105	106		score as necessary to reflect the inmate's completion of
106	107		programming as required by the inmate's individual treatment plan.
107	108		If the department revises or updates an inmate's individual
108	109		treatment plan, the department shall provide the inmate with the
109	110		revised or updated plan as soon as practicable after the
110	111		department's review of the plan under this subsection. The
111	112		department shall make reasonable efforts to provide an inmate the
112	113		opportunity to complete any classes or programs included in the
113	114		inmate's individual treatment plan[, other than classes or programs
114	115		that are to be completed immediately] before the inmate's [release
115	116		on] parole eligibility date[, in a timely manner] so that the
116	117		inmate's release on parole is not delayed due to any uncompleted
117	118		classes or programs.
118	119		(b-3) Approximately one year before an inmate's parole
119	120		eligibility date, the department shall:
120	121		(1) assess the inmate using:
121	122		(A) the risk and needs assessment instrument
122	123		adopted under Section 501.0921; or
123	124		(B) another validated risk and needs assessment
124	125		adopted by the department; and
125	126		(2) revise the inmate's risk and needs assessment
126	127		score as necessary to reflect the inmate's completion of
127	128		programming as required by the inmate's individual treatment plan.
128	129		(b-4) Subsection (b-3) does not apply to an inmate for whom
129	130		an individual treatment plan is established under Subsection (b) in
130	131		the 12-month period preceding the inmate's parole eligibility date.
131	132		(c) The board shall conduct an initial review of an eligible
132	133		inmate not later than the 90th [180th] day after the date of the
133	134		inmate's admission to the institutional division. The board shall
134	135		identify any classes or programs that the board intends to require
135	136		the inmate to complete before the inmate's parole eligibility date
136	137		[releasing the inmate on parole]. The department shall provide the
137	138		inmate with a list of those classes or programs and make those
138	139		classes available to the inmate before the inmate's parole
139	140		eligibility date.
140	141		(e) The institutional division shall:
141	142		(1) work closely with the board to monitor the
142	143		progress of the inmate in the institutional division; [and]
143	144		(2) report the progress to the board before the
144	145		inmate's release; and
145	146		(3) revise the inmate's risk level to reflect the
146	147		inmate's completion of programming as required by the inmate's
147	148		individual treatment plan.
148	149		(g) The department shall provide to the board a record of
149	150		the inmate's progress toward completion of the inmate's individual
150	151		treatment plan and any other pertinent information related to the
151	152		inmate's progress toward rehabilitation.
152	153		SECTION 5. Section 508.1411, Government Code, as amended by
153	154		this Act, applies only to a decision of a parole panel made on or
154	155		after the effective date of this Act. A decision of a parole panel
155	156		made before the effective date of this Act is governed by the law in
156	157		effect on the date the decision was made, and the former law is
157	158		continued in effect for that purpose.
158	159		SECTION 6. This Act takes effect September 1, 2021.