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.