By Madden                                              H.B. No. 194
       74R199 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring as a condition of release on parole or
    1-3  mandatory supervision that a prisoner demonstrate a certain level
    1-4  of educational skill.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 8(b), Article 42.18, Code of Criminal
    1-7  Procedure, is amended by adding Subdivision (6) to read as follows:
    1-8              (6)  A parole panel may not release a prisoner
    1-9  otherwise eligible for release under this subsection unless the
   1-10  parole panel determines that the prisoner has, and has
   1-11  demonstrated, an educational skill level that is equal to or
   1-12  greater than the average skill level of students who have completed
   1-13  the eighth grade in the public schools of this state or that the
   1-14  prisoner lacks the intellectual capacity or the learning ability to
   1-15  achieve that level of skill.
   1-16        SECTION 2.  Section 8(c), Article 42.18, Code of Criminal
   1-17  Procedure, is amended to read as follows:
   1-18        (c)  Except as otherwise provided by this subsection, a
   1-19  prisoner who is not on parole shall be released to mandatory
   1-20  supervision by order of a parole panel when the calendar time he
   1-21  has served plus any accrued good conduct time equal the maximum
   1-22  term to which he was sentenced.  A parole panel may not order the
   1-23  release of a prisoner otherwise eligible for release under this
   1-24  subsection unless the parole panel determines that the prisoner
    2-1  has, and has demonstrated, an educational skill level that is equal
    2-2  to or greater than the average skill level of students who have
    2-3  completed the eighth grade in the public schools of this state or
    2-4  that the prisoner lacks the intellectual capacity or the learning
    2-5  ability to achieve that level of skill.  A prisoner released to
    2-6  mandatory supervision shall, upon release, be deemed as if released
    2-7  on parole.  To the extent practicable, arrangements for the
    2-8  prisoner's proper employment, maintenance, and care shall be made
    2-9  prior to his release to mandatory supervision.  The period of
   2-10  mandatory supervision shall be for a period equivalent to the
   2-11  maximum term for which the prisoner was sentenced less calendar
   2-12  time actually served on the sentence.  The time served on mandatory
   2-13  supervision is calculated as calendar time.  Every prisoner while
   2-14  on mandatory supervision shall remain in the legal custody of the
   2-15  state and shall be amenable to conditions of supervision ordered by
   2-16  the parole panel.  A prisoner may not be released to mandatory
   2-17  supervision if the prisoner is serving a sentence for an offense
   2-18  and the judgment for the offense contains an affirmative finding
   2-19  under Subdivision (2), Subsection (a), Section 3g, Article 42.12,
   2-20  of this code or if the prisoner is serving a sentence for:
   2-21              (1)  a first degree felony under Section 19.02, Penal
   2-22  Code (Murder);
   2-23              (2)  a capital felony under Section 19.03, Penal Code
   2-24  (Capital Murder);
   2-25              (3)  a first degree felony or a second degree felony
   2-26  under Section 20.04, Penal Code (Aggravated Kidnapping);
   2-27              (4)  a second degree felony under Section 22.011, Penal
    3-1  Code (Sexual Assault);
    3-2              (5)  a second degree or first degree felony under
    3-3  Section 22.02, Penal Code (Aggravated Assault);
    3-4              (6)  a first degree felony under Section 22.021, Penal
    3-5  Code (Aggravated Sexual Assault);
    3-6              (7)  a first degree felony under Section 22.04, Penal
    3-7  Code (Injury to a Child or an Elderly Individual);
    3-8              (8)  a first degree felony under Section 28.02, Penal
    3-9  Code (Arson);
   3-10              (9)  a second degree felony under Section 29.02, Penal
   3-11  Code (Robbery);
   3-12              (10)  a first degree felony under Section 29.03, Penal
   3-13  Code (Aggravated Robbery);
   3-14              (11)  a first degree felony under Section 30.02, Penal
   3-15  Code (Burglary), if the offense is punished under Subsection (d)(2)
   3-16  or (d)(3) of that section; or
   3-17              (12) <(13)>  a felony for which the punishment is
   3-18  increased under Section 481.134, Health and Safety Code (Drug-Free
   3-19  Zones).
   3-20        SECTION 3.  Section 8(k), Article 42.18, Code of Criminal
   3-21  Procedure, is repealed.
   3-22        SECTION 4.  (a)  The change in law made by this Act applies
   3-23  only to a prisoner sentenced for an offense committed on or after
   3-24  the effective date of this Act.  For purposes of this section, an
   3-25  offense is committed before the effective date of this Act if any
   3-26  element of the offense occurs before the effective date.
   3-27        (b)  A prisoner sentenced for an offense committed before the
    4-1  effective date of this Act is covered by the law in effect when the
    4-2  offense was committed, and the former law is continued in effect
    4-3  for that purpose.
    4-4        SECTION 5.  This Act takes effect September 1, 1995.
    4-5        SECTION 6.  The importance of this legislation and the
    4-6  crowded condition of the calendars in both houses create an
    4-7  emergency and an imperative public necessity that the
    4-8  constitutional rule requiring bills to be read on three several
    4-9  days in each house be suspended, and this rule is hereby suspended.