Texas 2023 - 88th Regular

Texas House Bill HB353 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R1935 JRR-F
2	2	By: J. Johnson of Harris, et al. H.B. No. 353
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to parole determinations and individual treatment plans
8	8	for inmates.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 508.1411(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) For each decision of a parole panel granting or denying
13	13	the release of an inmate on parole, or denying the release of an
14	14	inmate on mandatory supervision, the parole panel shall:
15	15	(1) produce a written statement, in clear and
16	16	understandable language, that explains:
17	17	(A) the decision; [and]
18	18	(B) the reasons for the decision only to the
19	19	extent those reasons relate specifically to the inmate; and
20	20	(C) if the decision is denying the release of an
21	21	inmate on parole, the specific actions the inmate must take to
22	22	address factors that contributed to the denial of parole;
23	23	(2) provide a copy of the statement to the inmate and
24	24	the rehabilitation programs division of the department; and
25	25	(3) place a copy of the statement in the inmate's file.
26	26	SECTION 2. Section 508.144(c), Government Code, is amended
27	27	to read as follows:
28	28	(c) Based on the board's review under Subsection (b), the
29	29	board may:
30	30	(1) update the guidelines by:
31	31	(A) including new risk factors; [or]
32	32	(B) changing the values of offense severity or
33	33	risk factor scores; [or]
34	34	(C) adjusting the way that the guidelines account
35	35	for an inmate's progress on the inmate's individual treatment plan;
36	36	or
37	37	(D) adjusting the risk level of an inmate based
38	38	on the inmate's progress on the inmate's individual treatment plan;
39	39	or
40	40	(2) modify the range of recommended parole approval
41	41	rates under the guidelines, if parole approval rates differ
42	42	significantly from the range of recommended parole approval rates.
43	43	SECTION 3. Section 508.1445(b), Government Code, is amended
44	44	to read as follows:
45	45	(b) The report must include:
46	46	(1) a brief explanation of the parole guidelines,
47	47	including how the board:
48	48	(A) defines the risk factors and offense severity
49	49	levels; [and]
50	50	(B) determines the range of recommended parole
51	51	approval rates for each guideline score;
52	52	(C) accounts for an inmate's progress on the
53	53	inmate's individual treatment plan; and
54	54	(D) uses the guidelines to make an individualized
55	55	determination to approve or deny release on parole;
56	56	(2) a comparison of the range of recommended parole
57	57	approval rates under the parole guidelines to the actual approval
58	58	rates for individual parole panel members, regional offices, and
59	59	the state as a whole; [and]
60	60	(3) a description of instances in which the actual
61	61	parole approval rates do not meet the range of recommended parole
62	62	approval rates under the parole guidelines, an explanation of the
63	63	variations, and a list of actions that the board has taken or will
64	64	take to meet the guidelines; and
65	65	(4) an analysis of parole denials, including the
66	66	reasons for parole denial and information regarding additional
67	67	rehabilitative programming recommended for inmates denied release
68	68	on parole.
69	69	SECTION 4. Section 508.152, Government Code, is amended by
70	70	amending Subsections (a), (b), (b-2), (c), and (e) and adding
71	71	Subsections (b-3), (b-4), and (g) to read as follows:
72	72	(a) Not later than the 45th [120th] day after the date an
73	73	inmate is admitted to the institutional division, the department
74	74	shall obtain all pertinent information relating to the inmate,
75	75	including:
76	76	(1) the court judgment;
77	77	(2) any sentencing report;
78	78	(3) the circumstances of the inmate's offense;
79	79	(4) the inmate's previous social history and criminal
80	80	record;
81	81	(5) the inmate's physical and mental health record;
82	82	(6) a record of the inmate's conduct, employment
83	83	history, and attitude in the institutional division; [and]
84	84	(7) any written comments or information provided by
85	85	local trial officials or victims of the offense;
86	86	(8) an evaluation of the educational, rehabilitative,
87	87	and vocational needs of the inmate; and
88	88	(9) the results of an assessment made using:
89	89	(A) the risk and needs assessment instrument
90	90	adopted under Section 501.0921; or
91	91	(B) another validated risk and needs assessment
92	92	adopted by the department.
93	93	(b) The department shall:
94	94	(1) not later than the 60th day after the date the
95	95	department obtains the information required by Subsection (a),
96	96	establish for the inmate an individual treatment plan and provide
97	97	the plan to the inmate; and
98	98	(2) submit the plan to the board at the time of the
99	99	board's consideration of the inmate's case for release.
100	100	(b-2) At least once in every 12-month period, the department
101	101	shall review each inmate's individual treatment plan to assess the
102	102	inmate's institutional progress and revise or update the plan as
103	103	necessary and shall revise the inmate's risk and needs assessment
104	104	score as necessary to reflect the inmate's completion of
105	105	programming as required by the inmate's individual treatment plan.
106	106	If the department revises or updates an inmate's individual
107	107	treatment plan, the department shall provide the inmate with the
108	108	revised or updated plan as soon as practicable after the
109	109	department's review of the plan under this subsection. The
110	110	department shall make reasonable efforts to provide an inmate the
111	111	opportunity to complete any classes or programs included in the
112	112	inmate's individual treatment plan[, other than classes or programs
113	113	that are to be completed immediately] before the inmate's [release
114	114	on] parole eligibility date[, in a timely manner] so that the
115	115	inmate's release on parole is not delayed due to any uncompleted
116	116	classes or programs.
117	117	(b-3) Approximately one year before an inmate's parole
118	118	eligibility date, the department shall:
119	119	(1) assess the inmate using:
120	120	(A) the risk and needs assessment instrument
121	121	adopted under Section 501.0921; or
122	122	(B) another validated risk and needs assessment
123	123	adopted by the department; and
124	124	(2) revise the inmate's risk and needs assessment
125	125	score as necessary to reflect the inmate's completion of
126	126	programming as required by the inmate's individual treatment plan.
127	127	(b-4) Subsection (b-3) does not apply to an inmate for whom
128	128	an individual treatment plan is established under Subsection (b) in
129	129	the 12-month period preceding the inmate's parole eligibility date.
130	130	(c) The board shall conduct an initial review of an eligible
131	131	inmate not later than the 90th [180th] day after the date of the
132	132	inmate's admission to the institutional division. The board shall
133	133	identify any classes or programs that the board intends to require
134	134	the inmate to complete before the inmate's parole eligibility date
135	135	[releasing the inmate on parole]. The department shall provide the
136	136	inmate with a list of those classes or programs and make those
137	137	classes available to the inmate before the inmate's parole
138	138	eligibility date.
139	139	(e) The institutional division shall:
140	140	(1) work closely with the board to monitor the
141	141	progress of the inmate in the institutional division; [and]
142	142	(2) report the progress to the board before the
143	143	inmate's release; and
144	144	(3) revise the inmate's risk level to reflect the
145	145	inmate's completion of programming as required by the inmate's
146	146	individual treatment plan.
147	147	(g) The department shall provide to the board a record of
148	148	the inmate's progress toward completion of the inmate's individual
149	149	treatment plan and any other pertinent information related to the
150	150	inmate's progress toward rehabilitation.
151	151	SECTION 5. Section 508.1411, Government Code, as amended by
152	152	this Act, applies only to a decision of a parole panel made on or
153	153	after the effective date of this Act. A decision of a parole panel
154	154	made before the effective date of this Act is governed by the law in
155	155	effect on the date the decision was made, and the former law is
156	156	continued in effect for that purpose.
157	157	SECTION 6. This Act takes effect September 1, 2023.