87R3241 JRR-D
 
  By: Moody H.B. No. 686
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the release on parole of certain inmates convicted of an
  offense committed when younger than 18 years of age; changing
  parole eligibility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 508, Government Code, is
  amended by adding Section 508.1415 to read as follows:
         Sec. 508.1415.  ADDITIONAL PAROLE CONSIDERATIONS FOR
  YOUTHFUL OFFENDERS. (a) This section applies only to the
  consideration for release on parole of an inmate who was younger
  than 18 years of age at the time the offense for which the inmate is
  eligible for release on parole was committed.
         (b)  In determining whether to release an inmate described by
  Subsection (a) on parole, a parole panel shall assess the growth and
  maturity of the inmate, taking into consideration:
               (1)  the diminished culpability of juveniles, as
  compared to that of adults;
               (2)  the hallmark features of youth; and
               (3)  the greater capacity of juveniles for change, as
  compared to that of adults.
         (c)  The board shall adopt a policy establishing factors for
  a parole panel to consider when reviewing for release on parole an
  inmate to whom this section applies to ensure that the inmate is
  provided a meaningful opportunity to obtain release. The policy
  must:
               (1)  consider the age of the inmate at the time of the
  commission of the offense as a mitigating factor in favor of
  granting release on parole;
               (2)  permit persons having knowledge of the inmate
  before the inmate committed the offense or having knowledge of the
  inmate's growth and maturity after the offense was committed to
  submit statements regarding the inmate for consideration by the
  parole panel; and
               (3)  establish a mechanism for the outcome of a
  comprehensive mental health evaluation conducted by an expert
  qualified by education and clinical training in adolescent mental
  health issues to be considered by the parole panel.
         (d)  The board may employ a psychiatrist, psychologist, or
  psychiatric mental health advanced practice registered nurse who is
  qualified by education and clinical training in adolescent mental
  health issues to:
               (1)  conduct a comprehensive mental health evaluation,
  regardless of whether the evaluation is also conducted by an expert
  unaffiliated with the board; or
               (2)  assist a parole panel in performing the panel's
  duties under this section.
         (e)  This section does not:
               (1)  affect the rights granted under this chapter or
  Article 56A.051, Code of Criminal Procedure, to a victim, guardian
  of a victim, or close relative of a deceased victim; or
               (2)  create a legal cause of action.
         SECTION 2.  Section 508.145, Government Code, is amended by
  adding Subsection (d-2) to read as follows:
         (d-2)(1)  This subsection applies only to an inmate who:
                     (A)  is serving a sentence for:
                           (i)  a capital or first degree felony
  described by Article 42A.054(a), Code of Criminal Procedure;
                           (ii)  an offense under Section 20A.03,
  21.02, or 71.023, Penal Code; or
                           (iii)  a first degree felony under Section
  71.02, Penal Code; and
                     (B)  was younger than 18 years of age at the time
  the offense was committed.
               (2)  Notwithstanding any other provision of this
  section and except as provided by Subdivision (3), an inmate
  described by Subdivision (1) is not eligible for release on parole
  until the inmate's actual calendar time served, without
  consideration of good conduct time, equals 20 calendar years or
  one-half of the applicable time provided by this section, whichever
  is less, but in no event is the inmate eligible for release on
  parole in less than four calendar years unless the inmate would
  otherwise be eligible for release on parole under another provision
  of this section.
               (3)  An inmate described by Subdivision (1) who is
  serving a sentence for a capital felony under Section 19.03(a)(7),
  Penal Code, other than an inmate who was found guilty only as a
  party under Section 7.02(b), Penal Code, is not eligible for
  release on parole until the inmate's actual calendar time served,
  without consideration of good conduct time, equals 40 calendar
  years.
         SECTION 3.  The following provisions of the Government Code
  are repealed:
               (1)  Section 499.053(d); and
               (2)  Section 508.145(b).
         SECTION 4.  The change in law made by this Act applies to any
  inmate who is confined in a facility operated by or under contract
  with the Texas Department of Criminal Justice on or after the
  effective date of this Act, regardless of whether the offense for
  which the inmate is confined occurred before, on, or after the
  effective date of this Act.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.