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originally enacted by the Texas Legislature in 1977.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.