BILL ANALYSIS H.B. 1433 By: Hamric (Brown) Criminal Justice 05-22-95 Senate Committee Report (Unamended) BACKGROUND Mandatory supervision is the automatic release of prisoners to parole once good time plus time served equals the total sentence. Once eligible inmates reach an average of 48 percent of their total sentence, the Pardons and Paroles Board has no discretion or decision making power regarding their release. Currently, certain types of violent offenders are not eligible for this program. PURPOSE As proposed, H.B. 1433 prohibits certain inmates from being eligible for mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 8(c), Article 42.18, Code of Criminal Procedure, to prohibit a prisoner from being released to mandatory supervision if the prisoner is serving or has previously been convicted for an offense and the judgment for the offense contains an affirmative finding under Subdivision (2), Subsection (a), Section 3g, Article 42.12, of this code or if the prisoner is serving a sentence for or has previously been convicted of, among others, a first degree felony under Section 22.04, Penal Code (injury to a child, elderly individual, or disabled individual). Makes conforming and nonsubstantive changes. SECTION 2. Amends Section 8, Article 42.18, Code of Criminal Procedure, by adding Subsection (c-1), to prohibit a prisoner from being released on mandatory supervision if a parole panel determines that the prisoner's accrued good conduct time is not an accurate reflection of the prisoner's potential for rehabilitation and that the prisoner's release would endanger the public. Requires a parole panel that makes a determination under this section to specify in writing the reasons for the determination. Provides that a determination under this subsection is not subject to administrative or judicial review, except that the parole panel making the determination shall reconsider the prisoner for release on mandatory supervision at least twice during the two years after the date of the determination. Provides that if a parole panel on both the first and second reconsiderations under this subsection determines that the prisoner should not be released on mandatory supervision, the prisoner becomes permanently ineligible for release on mandatory supervision and may be released only on parole or completion of sentence. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause.