| 1 | 1 | | 88R7401 MZM-D |
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| 2 | 2 | | By: Middleton S.B. No. 1067 |
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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 consideration of certain information by a parole |
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| 8 | 8 | | panel in determining whether to release an inmate on parole. |
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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. Subchapter E, Chapter 508, Government Code, is |
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| 11 | 11 | | amended by adding Section 508.1415 to read as follows: |
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| 12 | 12 | | Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS. (a) The |
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| 13 | 13 | | board shall adopt rules requiring a parole panel considering an |
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| 14 | 14 | | inmate for release on parole to issue a subpoena under Section |
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| 15 | 15 | | 508.048 for the production of disciplinary records relating to the |
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| 16 | 16 | | inmate that are maintained by the Texas Education Agency. The rules |
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| 17 | 17 | | must provide that the existence or contents of the subpoena and |
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| 18 | 18 | | information obtained in response to the subpoena are not to be |
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| 19 | 19 | | disclosed to any person other than the board and the parole panel. |
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| 20 | 20 | | The consideration of disciplinary records by a parole panel as |
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| 21 | 21 | | required by Subsection (b) is a law enforcement purpose. |
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| 22 | 22 | | (b) In determining whether to release an inmate on parole, a |
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| 23 | 23 | | parole panel shall consider: |
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| 24 | 24 | | (1) disciplinary records obtained under Subsection |
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| 25 | 25 | | (a); |
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| 26 | 26 | | (2) relevant information available on the inmate's |
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| 27 | 27 | | social media accounts; and |
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| 28 | 28 | | (3) statements submitted under Subsection (c). |
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| 29 | 29 | | (c) Not later than the 21st day before the date a parole |
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| 30 | 30 | | panel considers an inmate for release on parole, the department |
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| 31 | 31 | | shall publish a notice on the department's Internet website and in a |
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| 32 | 32 | | newspaper of general circulation in the county in which the inmate |
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| 33 | 33 | | was convicted. The notice must state: |
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| 34 | 34 | | (1) the inmate's name; |
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| 35 | 35 | | (2) the county in which the inmate was convicted; |
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| 36 | 36 | | (3) the offense for which the inmate was convicted; |
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| 37 | 37 | | (4) that persons residing in the county in which the |
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| 38 | 38 | | inmate was convicted may submit a written statement to the parole |
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| 39 | 39 | | panel; and |
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| 40 | 40 | | (5) the manner and period in which a person described |
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| 41 | 41 | | by Subdivision (4) may submit a written statement to the parole |
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| 42 | 42 | | panel. |
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| 43 | 43 | | (d) The period provided for the submission of written |
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| 44 | 44 | | statements under Subsection (c) may not be less than 10 days. |
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| 45 | 45 | | SECTION 2. Not later than December 1, 2023, the Board of |
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| 46 | 46 | | Pardons and Paroles shall adopt the rules required by Section |
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| 47 | 47 | | 508.1415, Government Code, as added by this Act. |
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| 48 | 48 | | SECTION 3. Section 508.1415, Government Code, as added by |
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| 49 | 49 | | this Act, applies only to the consideration by a parole panel of the |
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| 50 | 50 | | release of an inmate on parole that occurs on or after December 1, |
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| 51 | 51 | | 2023. The consideration by a parole panel of the release of an |
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| 52 | 52 | | inmate that occurs before December 1, 2023, is governed by the law |
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| 53 | 53 | | in effect immediately before the effective date of this Act, and the |
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| 54 | 54 | | former law is continued in effect for that purpose. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2023. |
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