Texas 2021 - 87th Regular

Texas Senate Bill SB687 Compare Versions

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

Old	New	Differences
1	1	87R3241 JRR-D
2	2	By: Lucio S.B. No. 687
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. Subchapter E, Chapter 508, Government Code, is
12	12	amended by adding Section 508.1415 to read as follows:
13	13	Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR
14	14	YOUTHFUL OFFENDERS. (a) This section applies only to the
15	15	consideration for release on parole of an inmate who was younger
16	16	than 18 years of age at the time the offense for which the inmate is
17	17	eligible for release on parole was committed.
18	18	(b) In determining whether to release an inmate described by
19	19	Subsection (a) on parole, a parole panel shall assess the growth and
20	20	maturity of the inmate, taking into consideration:
21	21	(1) the diminished culpability of juveniles, as
22	22	compared to that of adults;
23	23	(2) the hallmark features of youth; and
24	24	(3) the greater capacity of juveniles for change, as
25	25	compared to that of adults.
26	26	(c) The board shall adopt a policy establishing factors for
27	27	a parole panel to consider when reviewing for release on parole an
28	28	inmate to whom this section applies to ensure that the inmate is
29	29	provided a meaningful opportunity to obtain release. The policy
30	30	must:
31	31	(1) consider the age of the inmate at the time of the
32	32	commission of the offense as a mitigating factor in favor of
33	33	granting release on parole;
34	34	(2) permit persons having knowledge of the inmate
35	35	before the inmate committed the offense or having knowledge of the
36	36	inmate's growth and maturity after the offense was committed to
37	37	submit statements regarding the inmate for consideration by the
38	38	parole panel; and
39	39	(3) establish a mechanism for the outcome of a
40	40	comprehensive mental health evaluation conducted by an expert
41	41	qualified by education and clinical training in adolescent mental
42	42	health issues to be considered by the parole panel.
43	43	(d) The board may employ a psychiatrist, psychologist, or
44	44	psychiatric mental health advanced practice registered nurse who is
45	45	qualified by education and clinical training in adolescent mental
46	46	health issues to:
47	47	(1) conduct a comprehensive mental health evaluation,
48	48	regardless of whether the evaluation is also conducted by an expert
49	49	unaffiliated with the board; or
50	50	(2) assist a parole panel in performing the panel's
51	51	duties under this section.
52	52	(e) This section does not:
53	53	(1) affect the rights granted under this chapter or
54	54	Article 56A.051, Code of Criminal Procedure, to a victim, guardian
55	55	of a victim, or close relative of a deceased victim; or
56	56	(2) create a legal cause of action.
57	57	SECTION 2. Section 508.145, Government Code, is amended by
58	58	adding Subsection (d-2) to read as follows:
59	59	(d-2)(1) This subsection applies only to an inmate who:
60	60	(A) is serving a sentence for:
61	61	(i) a capital or first degree felony
62	62	described by Article 42A.054(a), Code of Criminal Procedure;
63	63	(ii) an offense under Section 20A.03,
64	64	21.02, or 71.023, Penal Code; or
65	65	(iii) a first degree felony under Section
66	66	71.02, Penal Code; and
67	67	(B) was younger than 18 years of age at the time
68	68	the offense was committed.
69	69	(2) Notwithstanding any other provision of this
70	70	section and except as provided by Subdivision (3), an inmate
71	71	described by Subdivision (1) is not eligible for release on parole
72	72	until the inmate's actual calendar time served, without
73	73	consideration of good conduct time, equals 20 calendar years or
74	74	one-half of the applicable time provided by this section, whichever
75	75	is less, but in no event is the inmate eligible for release on
76	76	parole in less than four calendar years unless the inmate would
77	77	otherwise be eligible for release on parole under another provision
78	78	of this section.
79	79	(3) An inmate described by Subdivision (1) who is
80	80	serving a sentence for a capital felony under Section 19.03(a)(7),
81	81	Penal Code, other than an inmate who was found guilty only as a
82	82	party under Section 7.02(b), Penal Code, is not eligible for
83	83	release on parole until the inmate's actual calendar time served,
84	84	without consideration of good conduct time, equals 40 calendar
85	85	years.
86	86	SECTION 3. The following provisions of the Government Code
87	87	are repealed:
88	88	(1) Section 499.053(d); and
89	89	(2) Section 508.145(b).
90	90	SECTION 4. The change in law made by this Act applies to any
91	91	inmate who is confined in a facility operated by or under contract
92	92	with the Texas Department of Criminal Justice on or after the
93	93	effective date of this Act, regardless of whether the offense for
94	94	which the inmate is confined occurred before, on, or after the
95	95	effective date of this Act.
96	96	SECTION 5. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect September 1, 2021.