BILL ANALYSIS H.B. 1433 By: Hamric 04-11-95 Committee Report (Amended) BACKGROUND Mandatory supervision, the automatic release of prisoners to parole once good time plus time served equals the total sentence, was originally enacted by the Texas Legislature in 1977. At that time, many prisoners were electing to by-pass parole and being released from prison without guidance or any help to acclimate them back into society. Thus, mandatory supervision was originally created to ensure parole custody for all prisoners in order to prevent recidivism. However, mandatory supervision has turned into an automatic open door for prisoners out of the Texas Department of Criminal Justice (TDCJ) institutional division. Once eligible inmates reach an average of 48% of their total sentence, the Pardons and Parole Board has no discretion or decision making power regarding their release. The Texas Legislature has realized the danger of the TDCJ "automatic door" and has since amended statutes to restrict its use. Violent criminals convicted after 1987, including those convicted of murder, indecency with a child, aggravated kidnapping and sexual assault are no longer eligible. Also, under the revised Penal Code of the 73rd Legislature, an estimated 50% of incoming prisoners whose offenses used to qualify them for mandatory supervision are now classified under the state jail felony system and ineligible for mandatory supervision. PURPOSE The purpose of this Act is to give the Pardons and Parole Board a lever to close the "automatic open door" of mandatory supervision. The proposed legislation has three main points as follows: 1.) Inmates will not be released to mandatory supervision if the parole panel determines the release of the prisoner would endanger the public. 2.) An eligible inmate could be before the parole panel for mandatory supervision three times in three years. If by the third time the inmate is not released, he is permanently ineligible for mandatory supervision. 3.) If a prisoner previously served time for a violent offense which is ineligible for mandatory supervision, he will never be eligible for mandatory supervision, regardless of the offense, for any subsequent prison sentence. This legislation allows for discretionary release by the Pardons and Parole Board for all inmates, while still providing for the original intent of the legislation, supervised release, in most instances. In the case of non-release, accrued good time would remain on the inmates record for future parole reviews and annual reconsideration for mandatory release eligibility. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Section 8(c), Article 42.18, Code of Criminal Procedure, to prevent those previously convicted of crimes ineligible for mandatory supervision from eligibility for any future conviction, regardless of the current offense. The aggravated and violent crimes which disqualify inmates for mandatory supervision are listed in this Section, and under Subdivision(2), Subsection (a), Section 3g, Article 42.12 of this code. SECTION 2: Amends Section 8, Article 42.18, Code of Criminal Procedure, by adding Subsection (c-1). This Subsection provides the Board of Pardons and Parole with the authority to review all inmates eligible for release on mandatory supervision and to not release a prisoner on mandatory supervision if the panel determines that the prisoner's accrued good conduct time is not an accurate reflection of their potential for rehabilitation and that their release would unreasonably endanger the public. Requires the parole panel that makes such a determination to specify in writing their reasons for the determination, and the panel shall review the case at least once each year, for two years, after the initial rejection for mandatory release. If the prisoner is denied mandatory release for all three reviews, then the inmate becomes permanently ineligible for release on mandatory supervision and may be released only on parole or by completion of sentence. SECTION 3: This law only affects those serving sentences for an offense committed on or after the effective date of this Act. SECTION 4: Effective date: September 1, 1995. SECTION 5: Emergency clause. EXPLANATION OF AMENDMENTS The proposed committee amendment #1 changes language in subsection (c) to conform with language later in the Section. SUMMARY OF COMMITTEE ACTION H.B. 1433 was considered by the Committee on Corrections in a public hearing on April 11, 1995. The Chair recognized Representative Hamric to explain the bill. The Chair recognized the following persons to testify neutrally on the bill: Wayne Scott, representing the Texas Department of Criminal Justice; Bill McCray, representing the Texas Department of Criminal Justice; and Carl Reynolds, representing the Texas Board of Criminal Justice. The Chair recognized the following persons to testify in favor of the bill: Pamela Lychner, representing Justice for All; and Ellen Davidson, representing Justice for All. The committee considered one amendment to the bill. The amendment was adopted without objection. The bill was reported favorably, as amended, with the recommendation that it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0 pnv, and 1 absent.