By Place H.B. No. 2303
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of the Board of Pardons and Paroles and
1-3 to the transfer of certain functions to the board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Article 42.18, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 Sec. 2. Definitions. In this article:
1-8 (1) "Parole" means the discretionary and conditional
1-9 release of an eligible prisoner from the physical custody of the
1-10 institutional division of the Texas Department of Criminal Justice
1-11 if the prisoner contractually agrees to serve the remainder of his
1-12 sentence under the supervision and control of the pardons and
1-13 paroles division. Parole shall not be construed to mean a
1-14 commutation of sentence or any other form of executive clemency.
1-15 (2) "Mandatory supervision" means the release of an
1-16 eligible prisoner from the physical custody of the institutional
1-17 division but not on parole, to serve the remainder of his sentence
1-18 under the supervision and control of the pardons and paroles
1-19 division. Mandatory supervision may not be construed as a
1-20 commutation of sentence or any other form of executive clemency.
1-21 (3) "Parole officer" means a person duly appointed by
1-22 the director and assigned the duties of assessment of risks and
1-23 needs, investigation, case management, and supervision of paroled
2-1 prisoners and prisoners released to mandatory supervision to see
2-2 that parolees and mandatory supervision releases are complying with
2-3 the conditions of parole or mandatory supervision, as applicable.
2-4 (4) "Board" means the Board of Pardons and Paroles.
2-5 (5) "Director" means the director of the pardons and
2-6 paroles division.
2-7 (6) "Community supervision and corrections department"
2-8 means a department established by a district judge or district
2-9 judges under Article 42.131 of this code.
2-10 (7) "Institutional division" means the institutional
2-11 division of the Texas Department of Criminal Justice.
2-12 (8) "Pardons and paroles division" means the pardons
2-13 and paroles division of the Texas Department of Criminal Justice.
2-14 (9) "Department" means the Department of Pardons and
2-15 Paroles.
2-16 (10) "Executive Director" means the Executive Director
2-17 of the Department.
2-18 SECTION 2. Subsections (a), (b), (c), (g), and (h), Section
2-19 4, Article 42.18, Code of Criminal Procedure, are amended to read
2-20 as follows:
2-21 Sec. 4. Eligibility for Membership. (a) Board members must
2-22 be representative of the general public. A member must be a
2-23 resident citizen of this state and must have resided in this state
2-24 for the two years preceding appointment. A person is not eligible
2-25 for appointment as a public member if the person or the person's
3-1 spouse:
3-2 (1) is employed by or participates in the management
3-3 of a business entity or other organization receiving funds from the
3-4 Texas Department of Criminal Justice or the department;
3-5 (2) owns or controls directly or indirectly more than
3-6 a 10 percent interest in a business entity or other organization
3-7 regulated by or receiving funds from either the Texas Department of
3-8 Criminal Justice or <receiving funds from> the department; or
3-9 (3) uses or receives a substantial amount of tangible
3-10 goods, services, or funds from the Texas Department of Criminal
3-11 Justice, other than compensation or reimbursement authorized by law
3-12 for board membership, attendance, or expenses.
3-13 (b) An employee or paid officer or consultant of a trade
3-14 association in the field of criminal justice may not be a member of
3-15 the board or an employee of the department or the pardons and
3-16 paroles division. A person who is the spouse of any manager or
3-17 paid consultant of a trade association in the field of criminal
3-18 justice may not be a member of the board and may not be an employee
3-19 of the department or the pardons and paroles division, including an
3-20 employee exempt from the state's classification plan, who is
3-21 compensated at or above the amount prescribed by the General
3-22 Appropriations Act for step 1, salary group 17, of the position
3-23 classification salary schedule. For the purposes of this section,
3-24 a trade association is a nonprofit, cooperative, and voluntarily
3-25 joined association of business or professional competitors designed
4-1 to assist its members and its industry or profession in dealing
4-2 with mutual business or professional problems and in promoting
4-3 their common interests.
4-4 (c) A person who is required to register as a lobbyist under
4-5 Chapter 305, Government Code, by virtue of the person's activities
4-6 for compensation in or on behalf of a profession related to the
4-7 operation of the board, may not serve as a member of the board or
4-8 act as executive director or general counsel to the board or as
4-9 director or the general counsel to the pardons and paroles
4-10 division.
4-11 (g) If the executive director has knowledge that a potential
4-12 ground for removal exists, the executive director shall notify the
4-13 chairman of the board <Texas Board of Criminal Justice> of the
4-14 ground. The chairman of the board <Texas Board of Criminal
4-15 Justice> shall then notify the governor that a potential ground for
4-16 removal exists.
4-17 (h) The financial transactions of the department and the
4-18 pardons and paroles division are subject to audit by the state
4-19 auditor in accordance with Chapter 321, Government Code, and the
4-20 state auditor shall include in the audit report a review of the
4-21 department's employment practices to ensure that they conform with
4-22 state law and department policies regarding nepotism.
4-23 SECTION 3. Section 5, Article 42.18, Code of Criminal
4-24 Procedure, is amended to read as follows:
4-25 Sec. 5. Sunset Provision. The Board of Pardons and Paroles
5-1 and the department are <is> subject to review under Chapter 325,
5-2 Government Code (Texas Sunset Act), but are <is> not abolished
5-3 under that chapter. The board and the department shall be reviewed
5-4 during the period in which the Texas Department of Criminal Justice
5-5 is reviewed.
5-6 SECTION 4. Subsections (a) and (c), Section 6, Article
5-7 42.18, Code of Criminal Procedure, are amended to read as follows:
5-8 Sec. 6. Compensation and Offices of Board Members; Director.
5-9 (a) The members of the board shall give full time to the duties of
5-10 their office and shall be paid a salary equal to at least 85
5-11 percent of the salary paid to a district court judge <such salaries
5-12 as the legislature may determine in appropriation Acts>. The
5-13 governor shall designate one member to serve as chairman of the
5-14 board, and the chairman serves in that capacity at the pleasure of
5-15 the governor.
5-16 (c) To facilitate the work of the Board of Pardons and
5-17 Paroles, the governor shall appoint the chairman of the board to
5-18 serve as chairman of the executive committee. The chairman shall
5-19 appoint six other board members to serve on the executive committee
5-20 at the pleasure of the chairman. <and two other members of the
5-21 Board of Pardons and Paroles who shall serve at the pleasure of the
5-22 governor as> The <the> executive committee shall <to> coordinate
5-23 activities of the board, <and> assure maximum efficiency and fair
5-24 distribution of the caseload, and administer such other matters as
5-25 determined by the chairman. The deliberations and actions of the
6-1 executive committee are not subject to the requirements of Chapter
6-2 271, Acts of the 60th Legislature, Regular Session, 1967 (Article
6-3 6252-17, Vernon's Texas Civil Statutes).
6-4 SECTION 5. Article 42.18, Code of Criminal Procedure, is
6-5 amended by adding Sections 6A and 6B to read as follows:
6-6 Sec. 6A. GENERAL POWERS AND DUTIES OF BOARD. (a) The board
6-7 may adopt rules as necessary for its own procedures and for
6-8 operation of the department.
6-9 (b) The board shall employ an executive director to be
6-10 responsible for the day-to-day administration of the department.
6-11 The board shall supervise the executive director's administration
6-12 of the department.
6-13 (c) The board shall employ a general counsel to the board.
6-14 (d) The board shall approve the operating budget of the
6-15 department and the department's request for appropriations.
6-16 (e) The board may contract with the Texas Department of
6-17 Criminal Justice or any other state agency for such administrative
6-18 support services as payroll, accounting, printing, and other
6-19 similar services.
6-20 (f) The board shall provide to its members and employees
6-21 information regarding their responsibilities under applicable laws
6-22 relating to standards of conduct for state officers or employees.
6-23 (g) The board shall develop and implement policies that
6-24 clearly define the respective responsibilities of the board and the
6-25 staff of the department.
7-1 (h) The board shall file annually with the governor and the
7-2 presiding officer of each house of the legislature a complete and
7-3 detailed written report accounting for all funds received and
7-4 disbursed by the board during the preceding fiscal year. The
7-5 annual report must be in the form and reported in the time provided
7-6 by the General Appropriations Act.
7-7 (i) The board may apply for and accept gifts or grants from
7-8 any public or private source for use in any lawful purpose of the
7-9 board or department.
7-10 (j) The board, in cooperation with the Criminal Justice
7-11 Division of the governor's office, shall develop a training program
7-12 for its members. Each member must complete the training program
7-13 within six months of the member's appointment to the board.
7-14 Sec. 6B. ADMINISTRATION; PERSONNEL. (a) The executive
7-15 director is responsible for the administration and enforcement of
7-16 all laws relating to the department including rules implemented by
7-17 the department but may delegate those responsibilities as permitted
7-18 by board rule or general law.
7-19 (b) The executive director is the only person authorized to
7-20 receive service on behalf of the board, department, or any division
7-21 of the department.
7-22 (c) The executive director shall hire the employees for the
7-23 department. The executive director shall establish the divisions
7-24 within the department at the direction of the board.
7-25 (d) The executive director shall develop an
8-1 intradepartmental career ladder program. The program shall require
8-2 intradepartmental postings of all nonentry level positions
8-3 concurrently with any public postings.
8-4 (e) The executive director shall develop a system of annual
8-5 performance evaluations. All merit pay for department employees
8-6 must be based on the system established under this subsection.
8-7 (f) The executive director shall prepare and maintain a
8-8 written policy statement to assure implementation of a program of
8-9 equal employment opportunity under which all personnel transactions
8-10 are made without regard to race, color, handicap, sex, religion,
8-11 age, or national origin. The policy statement must include:
8-12 (1) personnel policies, including policies related to
8-13 recruitment, evaluation, selection, appointment, training, and
8-14 promotion of personnel;
8-15 (2) a comprehensive analysis of the department work force
8-16 that meets federal and state guidelines;
8-17 (3) procedures by which a determination can be made of
8-18 significant underutilization in the department work force of all
8-19 persons for whom federal or state guidelines encourage a more
8-20 equitable balance; and
8-21 (4) reasonable methods to appropriately address those areas
8-22 of significant underutilization.
8-23 (g) A policy statement prepared under Subsection (d) must
8-24 cover an annual period, be updated at least annually, and be filed
8-25 with the governor's office.
9-1 (h) The governor's office shall deliver a biennial report to
9-2 the legislature based on the information received under Subsection
9-3 (e). The report may be made separately or as a part of other
9-4 biennial reports made to the legislature.
9-5 SECTION 6. Subsections (c), (d), (e), and (f), Section 7,
9-6 Article 42.18, Code of Criminal Procedure, are amended to read as
9-7 follows:
9-8 Sec. 7. Duties of Members of Board.
9-9 (c) The board <Texas Board of Criminal Justice> shall
9-10 develop and implement a policy that clearly defines circumstances
9-11 under which a board member should disqualify himself from voting on
9-12 a parole decision or on a decision to revoke parole or mandatory
9-13 supervision.
9-14 (d) The board <Texas Board of Criminal Justice> may provide
9-15 and promulgate a written plan for the administrative review by the
9-16 entire membership or a subset of the entire membership of the board
9-17 of actions taken by a parole panel.
9-18 (e) In matters of parole, release to mandatory supervision,
9-19 and revocation of parole or mandatory supervision, the board
9-20 members shall act in panels comprised of three persons in each
9-21 panel. The composition of the respective panels shall be
9-22 designated by the chairman of the board. A majority of each panel
9-23 shall constitute a quorum for the transaction of its business, and
9-24 its decisions shall be by majority vote. The actions of three
9-25 member panels are not subject to the requirements of Chapter 271,
10-1 Acts of the 60th Legislature, Regular Session, 1967 (Article
10-2 6252.17, Vernon's Texas Civil Statutes). The members of a parole
10-3 panel are not required to meet as a body to perform their duties as
10-4 prescribed by this Act except to conduct a hearing as provided by
10-5 section 14 of this Act.
10-6 (f) The members of the board shall meet at least once in
10-7 each quarter of the calendar year at a site determined by the
10-8 chairman <for the purposes of making clemency decisions>. <As a
10-9 specific exception to Chapter 271, Acts of the 60th Legislature,
10-10 Regular Session, 1967 (Article 6252-17, Vernon's Texas Civil
10-11 Statutes), the board, at the call of the chair, may hold a hearing
10-12 on clemency matters by telephone conference call. The portion of a
10-13 meeting that is public shall be recorded and the recording made
10-14 available to the public to be heard at one or more places
10-15 designated by the board.> Deliberations and actions of the board
10-16 to make clemency decisions are not subject to the requirements of
10-17 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
10-18 (Article 6252-17, Vernon's Texas Civil Statutes). The members of
10-19 the board are not required to meet as a body to perform their
10-20 duties in matters of clemency.
10-21 SECTION 7. Subsection (a), Section 8, Article 42.18, Code of
10-22 Criminal Procedure, is amended to read as follows:
10-23 Sec. 8. Eligibility for Release; Conditions on Release.
10-24 (a) A parole panel is authorized to release on parole any person
10-25 confined in any penal or correctional institution who is eligible
11-1 for parole under this section. A parole panel may consider a
11-2 person for release on parole if the person has been sentenced to a
11-3 term of imprisonment in the institutional division, is confined in
11-4 a jail in this state, a federal correctional institution, or a jail
11-5 or a correctional institution in another state, and is eligible for
11-6 parole. A parole panel may release a person on parole during the
11-7 tentative parole month established for the person if the panel
11-8 determines that the person's release will not increase the
11-9 likelihood of harm to the public or that the person has not failed
11-10 to progress in the manner required by the panel in Subsection (e)
11-11 of this section. The institutional division shall <may> provide
11-12 the department <pardons and paroles division> with sentence time
11-13 credit information on persons described in this subsection and the
11-14 department <pardons and paroles division> may develop its own
11-15 sentence time credit information on persons described by this
11-16 subsection, but in either event, good time credit shall be
11-17 calculated for a person as if the person were confined in the
11-18 institutional division during the entire time the person was
11-19 actually confined. The period of parole shall be equivalent to the
11-20 maximum term for which the prisoner was sentenced less calendar
11-21 time actually served on the sentence. Every prisoner while on
11-22 parole shall remain in the legal custody of the pardons and paroles
11-23 division and shall be amenable to conditions of supervision ordered
11-24 by a parole panel under this article. All paroles shall issue upon
11-25 order of a parole panel.
12-1 SECTION 8. Subsection (e), Section 8, Article 42.18, Code of
12-2 Criminal Procedure, is amended to read as follows:
12-3 (e) Not later than the 120th day after the date on which a
12-4 prisoner is admitted to the institutional division, the department
12-5 <pardons and paroles division> shall secure all pertinent
12-6 information relating to the prisoner, including but not limited to
12-7 the court judgment, any sentencing report, the circumstances of the
12-8 prisoner's offense, the prisoner's previous social history and
12-9 criminal record, the prisoner's physical and mental health record,
12-10 a record of the prisoner's conduct, employment history, and
12-11 attitude in prison, and any written comments or information
12-12 provided by local trial officials or victims of the offense.
12-13 Except as otherwise provided by this subsection, within the 120-day
12-14 period, the department <pardons and paroles division> shall
12-15 establish a tentative parole month for the prisoner based on
12-16 information gathered under this subsection and a proposed program
12-17 of measurable institutional progress in which the department
12-18 <pardons and paroles division> determines the prisoner must agree
12-19 to participate and meet the requirements before being released on
12-20 parole. The department <pardons and paroles division> is not
12-21 required to establish a tentative parole month and program of
12-22 progress if the department <pardons and paroles division>
12-23 determines that to do so would be inappropriate in the prisoner's
12-24 case and indicates that determination in the prisoner's file. The
12-25 department <pardons and paroles division> shall notify the
13-1 institutional division of each prisoner's tentative parole month
13-2 and proposed program of measurable institutional progress. Within
13-3 30 days of receipt of notice from the department <pardons and
13-4 paroles division>, the institutional division shall advise the
13-5 department <pardons and paroles division> if any of the proposed
13-6 programs of measurable institutional progress or the requirements
13-7 of those programs cannot be achieved within the prisoner's unit of
13-8 incarceration. The tentative parole month may not be a date that
13-9 is earlier than the prisoner's initial parole eligibility date, as
13-10 calculated or projected under Subsection (b) of this section. The
13-11 department <pardons and paroles division> may revise a tentative
13-12 parole month established under this subsection at any time the
13-13 department <pardons and paroles division> determines is proper.
13-14 The institutional division shall work closely with the department
13-15 <pardons and paroles division> to monitor the progress of inmates
13-16 in the institutional division.
13-17 SECTION 9. Subsection (f), Section 8, Article 42.18, Code of
13-18 Criminal Procedure, is amended to read as follows:
13-19 (f)(1) In this subsection: (A) "close relative of a
13-20 deceased victim" means a person who was the spouse of a deceased
13-21 victim at the time of the victim's death, a parent of the deceased
13-22 victim, or an adult brother, sister, or child of the deceased
13-23 victim; (B) "guardian of a victim" means a person who is the legal
13-24 guardian of a victim, whether or not the legal relationship between
13-25 the guardian and victim exists because of the age of the victim or
14-1 the physical or mental incompetency of the victim; and (C) "victim"
14-2 means a person who is a victim of sexual assault, kidnapping, or
14-3 aggravated robbery or who has suffered bodily injury or death as
14-4 the result of the criminal conduct of another.
14-5 (2) Before a parole panel considers for parole a
14-6 prisoner who is serving a sentence for an offense in which a person
14-7 was a victim, the department <pardons and paroles division>, using
14-8 the name and address provided on the victim impact statement, shall
14-9 make a reasonable effort to notify a victim of the prisoner's crime
14-10 or if the victim has a legal guardian or is deceased, to notify the
14-11 legal guardian or close relative of the deceased victim. If the
14-12 notice is sent to a guardian or close relative of a deceased
14-13 victim, the notice must contain a request by the department
14-14 <pardons and paroles division> that the guardian or relative inform
14-15 other persons having an interest in the matter that the prisoner is
14-16 being considered for parole. If a hearing is held, the parole
14-17 panel shall allow a victim, guardian of a victim, close relative of
14-18 a deceased victim, or a representative of a victim or his guardian
14-19 or close relative to provide a written statement. This subsection
14-20 may not be construed to limit the number of persons who may provide
14-21 statements for or against the release of the prisoner on parole.
14-22 The parole panel shall consider the statements and the information
14-23 provided in a victim impact statement in determining whether or not
14-24 to recommend parole. However, the failure of the department
14-25 <pardons and paroles division> to comply with notice requirements
15-1 of this subsection is not a ground for revocation of parole.
15-2 (3) If a victim, guardian of a victim, or close
15-3 relative of a deceased victim would be entitled to notification of
15-4 parole consideration by the department <pardons and paroles
15-5 division> but for failure by that person to provide a victim impact
15-6 statement containing the person's name and address, the person is
15-7 nonetheless entitled to receive notice if the person files with the
15-8 department <pardons and paroles division> a written request for
15-9 that notification. After receiving such a written request, the
15-10 department <pardons and paroles division> shall grant to the person
15-11 all the privileges to which the person would be entitled had the
15-12 person submitted a victim impact statement. Before a prisoner is
15-13 released from the institutional division on parole or on the
15-14 release of a prisoner on mandatory supervision, the department
15-15 <pardons and paroles division> shall give notice of the release to
15-16 any person entitled to notification of parole consideration for the
15-17 prisoner because the person filed with the department <pardons and
15-18 paroles division> a victim impact statement or a request for
15-19 notification of a parole consideration.
15-20 (4) Except as necessary to comply with this section,
15-21 the department, the pardons and paroles division, or the
15-22 institutional division may not disclose to any person the name or
15-23 address of a victim or other person entitled to notice under this
15-24 section unless the victim or that person approves the disclosure or
15-25 the board, the pardons and paroles division or the Texas Department
16-1 of Criminal Justice <department> is ordered to disclose the
16-2 information by a court of competent jurisdiction after the court
16-3 determines that there is good cause for disclosure.
16-4 (5) Before ordering the parole of any prisoner, a
16-5 parole panel may have the prisoner appear before it and interview
16-6 him. A parole shall be ordered only for the best interest of
16-7 society, not as an award of clemency; it shall not be considered to
16-8 be a reduction of sentence or pardon. The board <pardons and
16-9 paroles division> shall develop and implement <standard> parole
16-10 guidelines that shall be the basic criteria on which parole
16-11 decisions are made. The parole guidelines shall be developed
16-12 according to an acceptable research method and shall be based on
16-13 the seriousness of the offense and the likelihood of favorable
16-14 parole outcome. The board <pardons and paroles division> shall
16-15 review the parole guidelines periodically and make any revisions
16-16 considered necessary by virtue of statistical analysis of board
16-17 actions using acceptable research methodology. A prisoner shall be
16-18 placed on parole only when arrangements have been made for his
16-19 employment or for his maintenance and care and when the parole
16-20 panel believes that he is able and willing to fulfill the
16-21 obligations of a law-abiding citizen. Every prisoner while on
16-22 parole shall remain in the legal custody of the pardons and paroles
16-23 division and shall be amenable to the conditions of supervision
16-24 ordered under this article.
16-25 SECTION 10. Subsections (g) and (h), Section 8, Article
17-1 42.18, Code of Criminal Procedure, are amended to read as follows:
17-2 (g) The board <Texas Board of Criminal Justice> may adopt
17-3 such other reasonable rules not inconsistent with law as it may
17-4 deem proper or necessary with respect to the eligibility of
17-5 prisoners for parole and mandatory supervision, the conduct of
17-6 parole and mandatory supervision hearings, or conditions to be
17-7 imposed upon parolees and persons released to mandatory
17-8 supervision. Each person to be released on parole shall be
17-9 furnished a contract setting forth in clear and intelligible
17-10 language the conditions and rules of parole. The parole panel may
17-11 include as a condition of parole or mandatory supervision any
17-12 condition that a court may impose on a probationer under Article
17-13 42.12 of this code, including the condition that the person
17-14 released submit to testing for controlled substances or submit to
17-15 electronic monitoring if the parole panel determines that absent
17-16 testing for controlled substances or participation in an electronic
17-17 monitoring program the person would not be released on parole.
17-18 Acceptance, signing, and execution of the contract by the inmate to
17-19 be paroled shall be a precondition to release on parole. Persons
17-20 released on mandatory supervision shall be furnished a written
17-21 statement setting forth in clear and intelligible language the
17-22 conditions and rules of mandatory supervision. The parole panel
17-23 may also require as a condition of parole or release to mandatory
17-24 supervision that the person make payments in satisfaction of
17-25 damages the person is liable for under Article 6184p, Revised
18-1 Statutes. The parole panel shall require as a condition of parole
18-2 or mandatory supervision that the person register under Article
18-3 6252-13c.1, Revised Statutes.
18-4 (h) It shall be the duty of the division <board> at least 10
18-5 days before the board orders <ordering> the parole of any prisoner
18-6 or at least 10 days after recommending the granting of executive
18-7 clemency by the governor to notify the sheriff, the prosecuting
18-8 attorney, and the district judge in the county where such person
18-9 was convicted and the county to which the prisoner is released that
18-10 such parole or clemency is being considered by the board or by the
18-11 governor. For any case in which there was a change of venue, the
18-12 division <board> shall notify those same officials in the county in
18-13 which the prosecution was originated if, no later than 30 days
18-14 after the date on which the defendant was sentenced those officials
18-15 request in writing that the board give them notice under this
18-16 section of any future release of the prisoner. Additionally, no
18-17 later than the 10th day after the parole panel orders the transfer
18-18 of a prisoner to a halfway house under this article, the division
18-19 <parole panel> shall notify the sheriff of the county in which the
18-20 prisoner was convicted and shall notify the sheriff of the county
18-21 in which the halfway house is located and the attorney who
18-22 represents the state in the prosecution of felonies in that county.
18-23 The notice must state the prisoner's name, the county in which the
18-24 prisoner was convicted, and the offense for which the prisoner was
18-25 convicted.
19-1 SECTION 11. Sections 9, 10, and 11, Article 42.18, Code of
19-2 Criminal Procedure, are amended to read as follows:
19-3 Sec. 9. Duty to Provide Information, Computers, and Offices.
19-4 (a) It shall be the duty of any judge, district attorney, county
19-5 attorney, police officer, or other public official of the state
19-6 having information with reference to any prisoner eligible for
19-7 parole to send in writing such information as may be in his
19-8 possession or under his control to the department or the pardons
19-9 and paroles division, upon request of any member of the Board of
19-10 Pardons and Paroles or employee of the department or the pardons
19-11 and paroles division.
19-12 (b) The Texas Department of Criminal Justice shall provide
19-13 without charge to the board and the department necessary computer
19-14 equipment and computer access to all computerized records and
19-15 physical access to all hard copy records in the custody of the
19-16 Texas Department of Criminal Justice that are related to the duties
19-17 and functions of the board and the department.
19-18 (c) The Texas Department of Criminal Justice shall provide
19-19 without charge to the board and the department necessary and
19-20 appropriate office space in the locations designated by the
19-21 chairman of the board, as well as utilities and communications
19-22 equipment necessary to the performance of the board's duties.
19-23 Sec. 10. Access to Prisoners. It shall be the duty of the
19-24 institutional division to grant to the members of the board and
19-25 employees of the department and the pardons and paroles division
20-1 access at all reasonable times to any prisoner, to provide for the
20-2 members and employees or such representatives facilities for
20-3 communicating with and observing such prisoner, and to furnish to
20-4 the members and employees such reports as the members and employees
20-5 shall require concerning the conduct and character of any prisoner
20-6 in their custody and any other facts deemed by a parole panel
20-7 pertinent in determining whether such prisoner shall be paroled.
20-8 Sec. 11. Information and Arguments. (a) The board <Texas
20-9 Board of Criminal Justice> shall adopt rules as to the submission
20-10 and presentation of information and arguments to parole panels, the
20-11 department, and the pardons and paroles division for and in behalf
20-12 of any person within the jurisdiction of a panel or the division.
20-13 (b) All persons presenting information or arguments to a
20-14 panel, the department, or the division shall submit therewith an
20-15 affidavit as required by law or board rule stating whether any fee
20-16 has been paid or is to be paid for their services in the case, the
20-17 amount of such fee, if any, and by whom such fee is paid or to be
20-18 paid.
20-19 SECTION 12. Subsection (a), Section 13, Article 42.18, Code
20-20 of Criminal Procedure, is amended to read as follows:
20-21 Sec. 13. Warrants. (a) A warrant for the return of a
20-22 paroled prisoner, a prisoner released to mandatory supervision, a
20-23 prisoner released although not eligible for release, a resident
20-24 released to a preparole or work furlough program, a prisoner
20-25 released on emergency reprieve or on furlough, or a person released
21-1 on a conditional pardon to the institution from which he was
21-2 paroled, released, or pardoned may be issued by a member <the
21-3 members> of a parole panel<s> or the board's designee in cases of
21-4 parole or mandatory supervision, or by the board on order by the
21-5 governor in other cases, when there is reason to believe that he
21-6 has been released although not eligible for release, committed an
21-7 offense against the laws of this state or of the United States,
21-8 violated a condition of his parole, mandatory supervision, or
21-9 conditional pardon, or when the circumstances indicate that he
21-10 poses a danger to society that warrants his immediate return to
21-11 incarceration. Such warrant shall authorize all officers named
21-12 therein to take actual custody of the prisoner and detain and house
21-13 the prisoner until a panel <the pardons and paroles division>
21-14 orders the return of the prisoner to the institution from which he
21-15 was released. Pending hearing, as hereinafter provided, upon any
21-16 charge of parole violation, ineligible release, or violation of the
21-17 conditions of mandatory supervision, a prisoner returned to custody
21-18 shall remain incarcerated. If a board member or a board designee
21-19 <parole panel> is otherwise authorized to issue a warrant under
21-20 this subsection, the pardons and paroles division may instead issue
21-21 to a prisoner a summons requiring the prisoner to appear for a
21-22 hearing under Section 14 of this article. The summons must state
21-23 the time, place, date, and purpose of the hearing.
21-24 SECTION 13. Section 14, Article 42.18, Code of Criminal
21-25 Procedure, is amended to read as follows:
22-1 Sec. 14. Hearings; Sanctions. (a) Whenever a prisoner or a
22-2 person granted a conditional pardon is accused of a violation of
22-3 his parole, mandatory supervision, or conditional pardon, on
22-4 information and complaint by a law enforcement officer or a parole
22-5 officer, or is arrested after an ineligible release, he shall be
22-6 entitled to be heard on such charges before a parole panel or a
22-7 designee of the board <division> under such rules as the board
22-8 <Texas Board of Criminal Justice> may adopt; provided, however,
22-9 said hearing <shall be a public hearing and> shall be held within
22-10 70 days of the date of arrest under a warrant issued by a parole
22-11 panel or the governor and at a time and place set by that parole
22-12 panel or designee. The panel or designee may hold the hearing at a
22-13 date later than the date otherwise required by this section if it
22-14 determines a delay is necessary to assure due process for the
22-15 person. If a parole panel or designee determines that a parolee,
22-16 mandatory supervisee, or person granted a conditional pardon has
22-17 been convicted in a court of competent jurisdiction of a felony
22-18 offense committed while an administrative releasee and has been
22-19 sentenced by the court to a term of incarceration in a penal
22-20 institution, the determination is to be considered a sufficient
22-21 hearing to revoke the parole or mandatory supervision or recommend
22-22 to the governor revocation of a conditional pardon without further
22-23 hearing, except that the parole panel or designee shall conduct a
22-24 hearing to consider mitigating circumstances if requested by the
22-25 parolee, mandatory supervisee, or person granted a conditional
23-1 pardon. When the parole panel or designee has heard the facts, the
23-2 board <it> may recommend to the governor that the conditional
23-3 pardon be continued, revoked, or modified, or the panel <it> may
23-4 continue, revoke, or modify the parole or mandatory supervision, in
23-5 any manner warranted by the evidence. The board <Texas Board of
23-6 Criminal Justice> shall develop and implement a system of sanctions
23-7 that may be imposed by the department <pardons and paroles
23-8 division> on a person whose conditional pardon or release on parole
23-9 or mandatory supervision is continued or modified. The division
23-10 shall enforce any sanction imposed under this subsection. The
23-11 parole panel or board designee must make its recommendation or
23-12 decision no later than the 30th day after the date the hearing is
23-13 concluded. When a person's parole, mandatory supervision, or
23-14 conditional pardon is revoked, that person may be required to serve
23-15 the portion remaining of the sentence on which he was released,
23-16 such portion remaining to be calculated without credit for the time
23-17 from the date of his release to the date of revocation. When a
23-18 warrant is issued charging a violation of release conditions, the
23-19 sentence time credit may be suspended until a determination is made
23-20 in such case and such suspended time credit may be reinstated
23-21 should such parole, mandatory supervision, or conditional pardon be
23-22 continued.
23-23 (b) The board <pardons and paroles division> shall develop
23-24 and implement a training program for employees <designees> of the
23-25 department <division> who conduct hearings under this section. The
24-1 training program must assist the employees <designees> in
24-2 understanding issues relating to the revocation process.
24-3 SECTION 14. Section 24, Article 42.18, Code of Criminal
24-4 Procedure, is amended to read as follows:
24-5 Sec. 24. Intensive Supervision. The pardons and paroles
24-6 division shall establish a program to provide intensive supervision
24-7 to inmates released under the provisions of Subchapter B, Chapter
24-8 498, Government Code, and other inmates determined by parole panels
24-9 to require intensive supervision. The board <Texas Board of
24-10 Criminal Justice> shall adopt rules that establish standards for
24-11 determining which inmates require intensive supervision. The
24-12 program must provide the highest level of supervision provided by
24-13 the pardons and paroles division.
24-14 SECTION 15. INITIAL EMPLOYMENT OF EXECUTIVE DIRECTOR. The
24-15 board shall hire the initial executive director of the Texas
24-16 Department of Pardons and Paroles not later than January 1, 1994.
24-17 The board shall designate an individual to serve as acting
24-18 executive director until the initial executive director is hired.
24-19 SECTION 16. TRANSFER OF PROPERTY, RECORDS, OBLIGATIONS,
24-20 FUNDS, FUNCTIONS, PROGRAMS, ACTIVITIES, AND EMPLOYEES TO THE
24-21 DEPARTMENT OF PARDONS AND PAROLES. (a) On September 1, 1993, all
24-22 functions, programs, and activities related to the duties of the
24-23 Board of Pardons and Paroles, including clemency, transitional
24-24 planning, parole selection, parole and mandatory supervision
24-25 hearings, victim services, legal services, administrative and
25-1 information services, and all secretarial support related to these
25-2 matters are transferred from the Texas Department of Criminal
25-3 Justice to the Department of Pardons and Paroles.
25-4 (b) On September 1, 1993, all property and records in the
25-5 custody of the Texas Department of Criminal Justice relating to the
25-6 functions of the Board as prescribed by this Act and all funds
25-7 appropriated by the legislature to the Texas Department of Criminal
25-8 Justice for the performance of duties or functions related to the
25-9 Board of Pardons and Paroles as prescribed by this Act shall be
25-10 transferred to the Board of Pardons and Paroles.
25-11 (c) On September 1, 1993, an employee of the Texas
25-12 Department of Criminal Justice who performs tasks related to the
25-13 functions specified in this section becomes an employee of the
25-14 Texas Department of Pardons and Paroles, to be assigned to a
25-15 particular division within the department at the direction of the
25-16 executive director.
25-17 SECTION 17. Persons who serve on the board on the effective
25-18 date of this Act must complete the training program required by
25-19 this Act not later than September 1, 1994.
25-20 SECTION 18. This Act takes effect September 1, 1993.
25-21 SECTION 19. The importance of this legislation and the
25-22 crowded condition of the calendars in both houses create an
25-23 emergency and an imperative public necessity that the
25-24 constitutional rule requiring bills to be read on three several
25-25 days in each house be suspended, and this rule is hereby suspended,
26-1 and that this Act take effect and be in force according fto its
26-2 terms, and it is so enacted.