|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the release of certain inmates on parole; changing |
|
parole eligibility. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 508.144, Government Code, is amended by |
|
adding Subsection (a-1) to read as follows: |
|
(a-1) The parole guidelines must require a parole panel to |
|
consider the following as mitigating factors favoring parole |
|
approval: |
|
(1) for an inmate serving a sentence for an offense |
|
committed when the inmate was younger than 26 years of age, the |
|
diminished culpability that accompanies the hallmark features of |
|
youth, including immaturity, impetuousness, and the failure to |
|
appreciate risks and consequences; |
|
(2) an inmate's current age and relevant data |
|
regarding the decline in criminality as individuals age; and |
|
(3) if provided to the parole panel, any opinion in |
|
support of an inmate's release on parole from: |
|
(A) the attorney representing the state in the |
|
prosecution of the offense for which the inmate is serving a |
|
sentence; or |
|
(B) the judge that imposed the inmate's sentence. |
|
SECTION 2. Section 508.145, Government Code, is amended by |
|
adding Subsection (g) to read as follows: |
|
(g)(1) Notwithstanding any other provision of this section |
|
and except as provided by Subdivision (2): |
|
(A) an inmate who is 35 years of age or older but |
|
younger than 50 years of age 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 the |
|
applicable time provided by another provision of this section, |
|
whichever is less; and |
|
(B) an inmate who is 50 years of age or older is |
|
not eligible for release on parole until the inmate's actual |
|
calendar time served, without consideration of good conduct time, |
|
equals 15 calendar years or the applicable time provided by another |
|
provision of this section, whichever is less. |
|
(2) This subsection does not apply to an inmate |
|
described by Subsection (a), (b), (c), or (d)(1)(A), other than an |
|
inmate serving a sentence for an offense under Section 29.03, Penal |
|
Code. |
|
SECTION 3. As soon as practicable after the effective date |
|
of this Act, the Board of Pardons and Paroles shall modify the |
|
parole guidelines to be in conformity with Section 508.144(a-1), |
|
Government Code, as added by this Act. |
|
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 September 1, 2021. |