Enrolled Bill Summary

Senate Bill 1206	Senate Author:  Hinojosa
Effective:  Vetoed	House Sponsor:  Edwards

            Senate Bill 1206 amends the Government Code to require the Texas Department of Criminal Justice (TDCJ), if a parole panel requires as a condition of release that an inmate complete a specific TDCJ rehabilitation program before release, to place the inmate in the specified program or, with parole panel approval, in a different program.  The bill requires a parole panel that makes such a requirement to specify a range of dates, based on the date the inmate is likely to have completed the program, during which TDCJ may release the inmate if the inmate has successfully completed the program and satisfied all other conditions of release. The specified range of dates may not begin earlier than the 45th day before any applicable release date established for the inmate and must be at least 30 days. 

      Reason Given for Veto:  "Senate Bill No. 1206 would fundamentally alter the roles and responsibilities of the Board of Pardons and Paroles (Board) and the Texas Department of Criminal Justice (TDCJ) by allowing TDCJ to release an inmate prior to the date established by the Board for release on parole. Senate Bill No. 1206 allows TDCJ to determine that the inmate has successfully completed a rehabilitation program and has met certain conditions for release on parole as specified by the Board.

      "TDCJ’s primary function is to manage inmates in state prisons, state jails and private correctional facilities, not to decide when to release those inmates.

      "I do not think these changes are necessary, and I am wary of the manner in which such changes would be accomplished. Reducing appropriations to TDCJ through a rider in the General Appropriations Act would put TDCJ under budgetary pressure when determining whether inmates have successfully completed rehabilitation programs and satisfied their conditions of release. Additionally, the cost savings estimates of this bill are calculated on the basis of a per diem cost, while most related operational costs for TDCJ are fixed.

      "But because I appreciate the goal of Senate Bill No. 1206 to not hold inmates longer than necessary, I am directing the Board and TDCJ to work together to ensure that offenders are not held for extended periods after successfully completing a rehabilitation program required by the Board as a condition for parole. They must set up procedures that provide for TDCJ to notify the Board of the successful completion of parole release requirements so that the Board may act to effect the release to parole."