By Place H.B. No. 1287
74R3810 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adjudication and disposition of children who engage
1-3 in conduct punishable by a determinate sentence, including violent
1-4 or habitual juvenile offenders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 51.09(b), Family Code, is conformed to
1-7 Chapter 557, Acts of the 72nd Legislature, Regular Session, 1991,
1-8 and amended to read as follows:
1-9 (b) Notwithstanding any of the provisions of Subsection (a)
1-10 of this section, the statement of a child is admissible in evidence
1-11 in any future proceeding concerning the matter about which the
1-12 statement was given if:
1-13 (1) when the child is in a detention facility or other
1-14 place of confinement or in the custody of an officer, the statement
1-15 is made in writing and the statement shows that the child has at
1-16 some time prior to the making thereof received from a magistrate a
1-17 warning that:
1-18 (A) the child may remain silent and not make any
1-19 statement at all and that any statement that the child makes may be
1-20 used in evidence against the child;
1-21 (B) the child has the right to have an attorney
1-22 present to advise the child either prior to any questioning or
1-23 during the questioning;
1-24 (C) if the child is unable to employ an
2-1 attorney, the child has the right to have an attorney appointed to
2-2 counsel with the child prior to or during any interviews with peace
2-3 officers or attorneys representing the state;
2-4 (D) the child has the right to terminate the
2-5 interview at any time;
2-6 (E) if the child is 15 years of age or older at
2-7 the time of the violation of a penal law of the grade of felony the
2-8 juvenile court may waive its jurisdiction and the child may be
2-9 tried as an adult;
2-10 (F) the child may be sentenced to commitment in
2-11 the Texas Youth Commission with a transfer to the institutional
2-12 division of the Texas Department of Criminal Justice for a term
2-13 prescribed by Section 54.04(d) <not to exceed 40 years> if the
2-14 child is found to have engaged in delinquent conduct, alleged in a
2-15 petition approved by a grand jury, that included:
2-16 (i) murder;
2-17 (ii) capital murder;
2-18 (iii) aggravated kidnapping;
2-19 (iv) aggravated sexual assault;
2-20 (v) aggravated robbery;
2-21 (vi) aggravated assault;
2-22 (vii) manslaughter;
2-23 (viii) intoxication manslaughter;
2-24 (ix) attempted murder <deadly assault on a
2-25 law enforcement officer, corrections officer, court participant, or
2-26 probation personnel>; or
2-27 (x) <(vi)> attempted capital murder; <and>
3-1 (G) the child may be sentenced to commitment to
3-2 the Texas Youth Commission with a transfer to the institutional
3-3 division of the Texas Department of Criminal Justice for a term
3-4 prescribed by Section 54.04(d) if:
3-5 (i) the child is found to have engaged in
3-6 conduct, alleged in a petition approved by a grand jury, that
3-7 violates a penal law of the grade of felony, other than a state
3-8 jail felony;
3-9 (ii) the child has at least two previous
3-10 final adjudications for conduct violating a penal law of the grade
3-11 of felony; and
3-12 (iii) at least one of the previous final
3-13 adjudications described by Subparagraph (ii) of this paragraph is
3-14 for conduct that occurred after the date a previous adjudication
3-15 described by Subparagraph (ii) of this paragraph was rendered, if
3-16 that adjudication became final; and
3-17 (H) the statement must be signed in the presence
3-18 of a magistrate by the child with no law enforcement officer or
3-19 prosecuting attorney present, except that a magistrate may require
3-20 a bailiff or a law enforcement officer if a bailiff is not
3-21 available to be present if the magistrate determines that the
3-22 presence of the bailiff or law enforcement officer is necessary for
3-23 the personal safety of the magistrate or other court personnel,
3-24 provided that the bailiff or law enforcement officer may not carry
3-25 a weapon in the presence of the child. The magistrate must be
3-26 fully convinced that the child understands the nature and contents
3-27 of the statement and that the child is signing the same
4-1 voluntarily. If such a statement is taken, the magistrate shall
4-2 sign a written statement verifying the foregoing requisites have
4-3 been met.
4-4 The child must knowingly, intelligently, and voluntarily
4-5 waive these rights prior to and during the making of the statement
4-6 and sign the statement in the presence of a magistrate who must
4-7 certify that he has examined the child independent of any law
4-8 enforcement officer or prosecuting attorney, except as required to
4-9 ensure the personal safety of the magistrate or other court
4-10 personnel, and has determined that the child understands the nature
4-11 and contents of the statement and has knowingly, intelligently, and
4-12 voluntarily waived these rights.
4-13 (2) it be made orally and the child makes a statement
4-14 of facts or circumstances that are found to be true, which conduct
4-15 tends to establish his guilt, such as the finding of secreted or
4-16 stolen property, or the instrument with which he states the offense
4-17 was committed.
4-18 (3) the statement was res gestae of the delinquent
4-19 conduct or the conduct indicating a need for supervision or of the
4-20 arrest.
4-21 SECTION 2. Section 51.09(c), Family Code, as amended by
4-22 Chapters 429 and 557, Acts of the 72nd Legislature, Regular
4-23 Session, 1991, is reenacted and amended to read as follows:
4-24 (c) A warning under Subsection (b)(1)(E), <or> Subsection
4-25 (b)(1)(F), or Subsection (b)(1)(G) of this section is required
4-26 only when applicable to the facts of the case. A failure to warn a
4-27 child under Subsection (b)(1)(E) of this section does not render a
5-1 statement made by the child inadmissible unless the child is
5-2 transferred to a criminal district court under Section 54.02 of
5-3 this code. A failure to warn a child under Subsection (b)(1)(F) or
5-4 Subsection (b)(1)(G) of this section does not render a statement
5-5 made by the child inadmissible unless the state proceeds against
5-6 the child on a petition approved by a grand jury under Section
5-7 53.045 of this code.
5-8 SECTION 3. Section 53.045(a), Family Code, is amended to
5-9 read as follows:
5-10 (a) Except as provided by Subsection (e) of this section,
5-11 the prosecuting attorney may refer the petition to the grand jury
5-12 of the county in which the court in which the petition is filed
5-13 presides if the petition alleges:
5-14 (1) that the child engaged in delinquent conduct that
5-15 included the violation of any of the following provisions of the
5-16 Penal Code:
5-17 (A) <(1)> Section 19.02 (murder);
5-18 (B) <(2)> Section 19.03 (capital murder);
5-19 (C) <(3)> Section 20.04 (aggravated kidnapping);
5-20 (D) <(4)> Section 22.021 (aggravated sexual
5-21 assault);
5-22 (E) Section 29.03 (aggravated robbery);
5-23 (F) Section 22.02 (aggravated assault);
5-24 (G) Section 19.04 (manslaughter);
5-25 (H) Section 49.08 (intoxication manslaughter)
5-26 <(5) Section 22.03 (deadly assault on a law
5-27 enforcement officer, corrections officer, or court participant)>;
6-1 or
6-2 (I) <(6)> Section 15.01 (criminal attempt), if
6-3 the offense attempted was an offense under Section 19.02 (murder)
6-4 or Section 19.03 (capital murder); or
6-5 (2) that:
6-6 (A) the child engaged in conduct that violates a
6-7 penal law of the grade of felony, other than a state jail felony;
6-8 (B) the child has at least two previous final
6-9 adjudications for conduct violating a penal law of the grade of
6-10 felony; and
6-11 (C) at least one of the previous final
6-12 adjudications described by Paragraph (B) of this subdivision is for
6-13 conduct that occurred after the date a previous adjudication
6-14 described by Paragraph (B) of this subdivision was rendered, if
6-15 that adjudication became final.
6-16 SECTION 4. Section 54.04, Family Code, is amended by
6-17 amending Subsections (a), (d), (g), and (h) and adding Subsection
6-18 (m) to read as follows:
6-19 (a) The disposition hearing shall be separate, distinct, and
6-20 subsequent to the adjudication hearing. There is no right to a
6-21 jury at the disposition hearing unless the child is in jeopardy of
6-22 a determinate sentence under Subsection (d)(3) or (m) of this
6-23 section, in which case, the child is entitled to a jury of 12
6-24 persons to determine the sentence.
6-25 (d) If the court or jury makes the finding specified in
6-26 Subsection (c) of this section allowing the court to make a
6-27 disposition in the case:
7-1 (1) the court or jury may, in addition to any order
7-2 required or authorized under Section 54.041 or 54.042 of this code,
7-3 place the child on probation on such reasonable and lawful terms as
7-4 the court may determine:
7-5 (A) in his own home or in the custody of a
7-6 relative or other fit person; or
7-7 (B) subject to the finding under Subsection (c)
7-8 of this section on the placement of the child outside the child's
7-9 home, in:
7-10 (i) a suitable foster home; or
7-11 (ii) a suitable public or private
7-12 institution or agency, except the Texas Youth Commission;
7-13 (2) if the court or jury found at the conclusion of
7-14 the adjudication hearing that the child engaged in delinquent
7-15 conduct and if the petition was not approved by the grand jury
7-16 under Section 53.045 of this code, the court may commit the child
7-17 to the Texas Youth Commission without a determinate sentence; <or>
7-18 (3) if the court or jury found at the conclusion of
7-19 the adjudication hearing that the child engaged in delinquent
7-20 conduct that included a violation of a penal law listed in Section
7-21 53.045(a) of this code and if the petition was approved by the
7-22 grand jury under Section 53.045 of this code, the court or jury may
7-23 sentence the child to commitment in the Texas Youth Commission with
7-24 a transfer to the institutional division of the Texas Department of
7-25 Criminal Justice for a <any> term of:
7-26 (A) <years> not more than 60 years or less than
7-27 10 years, if the conduct constitutes a capital felony;
8-1 (B) not more than 40 years or less than 3 years,
8-2 if the conduct constitutes a felony of the first degree;
8-3 (C) not more than 20 years or less than 2 years,
8-4 if the conduct constitutes a felony of the second degree; or
8-5 (D) not more than 10 years or less than 1 year,
8-6 if the conduct constitutes a felony of the third degree; or
8-7 (4) if applicable, the court or jury may make a
8-8 disposition under Subsection (m) of this section <to exceed 40
8-9 years>.
8-10 (g) If the court orders a disposition under Subsection
8-11 (d)(3) or (m) of this section and there is an affirmative finding
8-12 that the defendant used or exhibited a deadly weapon during the
8-13 commission of the conduct or during immediate flight from
8-14 commission of the conduct, the court shall enter the finding in the
8-15 order. If there is an affirmative finding that the deadly weapon
8-16 was a firearm, the court shall enter that finding in the order.
8-17 (h) At the conclusion of the dispositional hearing, the
8-18 court shall inform the child of the child's <his> right to appeal,
8-19 as required by Section 56.01 of this code.
8-20 (m) The court or jury may sentence a child adjudicated for
8-21 conduct constituting a felony other than a state jail felony to a
8-22 term prescribed by Subsection (d)(3) if:
8-23 (1) a petition was filed and approved by a grand jury
8-24 under Section 53.045 alleging that:
8-25 (A) the child engaged in the felony conduct;
8-26 (B) the child has at least two previous final
8-27 adjudications for conduct violating a penal law of the grade of
9-1 felony; and
9-2 (C) at least one of the previous adjudications
9-3 is for conduct described by Paragraph (B) that occurred after the
9-4 date a previous adjudication described by Paragraph (B) was
9-5 rendered, if that adjudication became final; and
9-6 (2) the court or jury finds beyond a reasonable doubt
9-7 that the allegations described by Subdivision (1) in the grand jury
9-8 petition are true.
9-9 SECTION 5. Chapter 54, Family Code, is amended by adding
9-10 Section 54.051 to read as follows:
9-11 Sec. 54.051. MODIFICATION OF DISPOSITION AFTER COMMITMENT.
9-12 (a) The juvenile court may modify under this section a disposition
9-13 of a child committed to the Texas Youth Commission only if the
9-14 child was:
9-15 (1) committed to the Texas Youth Commission under
9-16 Section 54.04; and
9-17 (2) returned from the Texas Youth Commission to the
9-18 juvenile court under Section 54.12.
9-19 (b) The court may modify the disposition of a child under
9-20 this section in a manner the court determines appropriate to the
9-21 circumstances and needs of the child, including placing the child
9-22 on probation under Section 54.04(d)(1).
9-23 SECTION 6. Section 54.11, Family Code, is amended to read as
9-24 follows:
9-25 Sec. 54.11. RELEASE OR TRANSFER HEARING. (a) On receipt of
9-26 a referral <notice required> under Section 61.079(a), Human
9-27 Resources Code, for <of> the transfer to the institutional
10-1 division of the Texas Department of Criminal Justice <Corrections>
10-2 of a person committed to the Texas Youth Commission under Section
10-3 54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, or on
10-4 receipt of a request by the commission under Section 61.081(f),
10-5 Human Resources Code, for approval of the release under
10-6 supervision of a person committed to the commission under Section
10-7 54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, the
10-8 court shall set a time and place for a hearing on the release of
10-9 the person.
10-10 (b) The court shall notify the following of the time and
10-11 place of the hearing:
10-12 (1) the person to be transferred or released under
10-13 supervision;
10-14 (2) the parents of the person;
10-15 (3) any legal custodian of the person, including the
10-16 Texas Youth Commission;
10-17 (4) the office of the prosecuting attorney that
10-18 represented the state in the juvenile delinquency proceedings;
10-19 (5) the victim of the offense that was included in the
10-20 delinquent conduct that was a ground for the disposition, or a
10-21 member of the victim's family; and
10-22 (6) any other person who has filed a written request
10-23 with the court to be notified of a release hearing with respect to
10-24 the person to be transferred or released under supervision.
10-25 (c) Except for the person to be transferred or released
10-26 under supervision and the prosecuting attorney, the failure to
10-27 notify a person listed in Subsection (b) of this section does not
11-1 affect the validity of a <release> hearing conducted or <a release>
11-2 determination made under this section if the record in the case
11-3 reflects that the whereabouts of the persons who did not receive
11-4 notice were unknown to the court and a reasonable effort was made
11-5 by the court to locate those persons.
11-6 (d) At a <release> hearing under this section the court may
11-7 consider written reports from probation officers, professional
11-8 court employees, or professional consultants, in addition to the
11-9 testimony of witnesses. At least one day before the <release>
11-10 hearing, the court shall provide the attorney for the person to be
11-11 transferred or released under supervision with access to all
11-12 written matter to be considered by the court.
11-13 (e) At the <any release> hearing, the person to be
11-14 transferred or released under supervision is entitled to an
11-15 attorney, to examine all witnesses against him, to present
11-16 evidence and oral argument, and to previous examination of all
11-17 reports on and evaluations and examinations of or relating to him
11-18 that may be used in the hearing.
11-19 (f) A <release> hearing under this section is open to the
11-20 public unless the person to be transferred or released under
11-21 supervision waives a public hearing with the consent of his
11-22 attorney and the court.
11-23 (g) A <release> hearing under this section must be recorded
11-24 by a court reporter or by audio or video tape recording, and the
11-25 record of the hearing must be retained by the court for at least
11-26 two years after the date of the final determination on the transfer
11-27 or release of the person by the court.
12-1 (h) The <release> hearing on a person who is referred for
12-2 <the subject of a notice of> transfer under Section 61.079(a),
12-3 Human Resources Code, shall <must> be held not later than the 60th
12-4 day after the date the court receives the referral <before 30 days
12-5 before the person's 18th birthday>.
12-6 (i) On conclusion of the <release> hearing on a person who
12-7 is referred for <the subject of a notice of> transfer under Section
12-8 61.079(a), Human Resources Code, the court may order:
12-9 (1) the return <recommitment> of the person to the
12-10 Texas Youth Commission <without a determinate sentence>; or
12-11 (2) the transfer of the person to the custody of the
12-12 institutional division of the Texas Department of Criminal Justice
12-13 for the completion of the person's <determinate> sentence<; or>
12-14 <(3) the final discharge of the person>.
12-15 (j) On conclusion of the hearing on a person who is referred
12-16 for release under supervision under Section 61.081(f), Human
12-17 Resources Code, the court may order the return of the person to the
12-18 Texas Youth Commission:
12-19 (1) with approval for the release of the person under
12-20 supervision; or
12-21 (2) without approval for the release of the person
12-22 under supervision.
12-23 (k) In making a determination under this section, the court
12-24 may consider the experiences and character of the person before and
12-25 after commitment to the youth commission, the nature of the penal
12-26 offense that the person was found to have committed and the manner
12-27 in which the offense was committed, the abilities of the person to
13-1 contribute to society, the protection of the victim of the offense
13-2 or any member of the victim's family, the recommendations of the
13-3 youth commission and prosecuting attorney, the best interests of
13-4 the person, and any other factor relevant to the issue to be
13-5 decided.
13-6 SECTION 7. Chapter 54, Family Code, is amended by adding
13-7 Section 54.12 to read as follows:
13-8 Sec. 54.12. CRISIS POPULATION RELIEF TO ENSURE
13-9 LENGTH-OF-STAY MANDATES. (a) Except as provided by Subsection
13-10 (c), the Texas Youth Commission shall return a child to the
13-11 juvenile court that entered the order committing the child for
13-12 further proceedings under Section 54.051 when the number of
13-13 children committed to the commission exceeds the targeted level of
13-14 new commitments.
13-15 (b) The return of a child to the juvenile court by the Texas
13-16 Youth Commission under this section shall be made after an
13-17 evaluation of the seriousness of the child's adjudicated conduct.
13-18 The commission shall give priority to returning children to the
13-19 juvenile court whose adjudicated conduct constitutes a violation of
13-20 the least serious penal laws.
13-21 (c) The Texas Youth Commission may not return a child to the
13-22 juvenile court under this section if the child is committed or
13-23 sentenced to commitment for delinquent conduct prescribed by
13-24 Section 53.045(a).
13-25 (d) In this section:
13-26 (1) "Return of a child to the juvenile court" means a
13-27 child committed to the Texas Youth Commission after the statewide
14-1 cumulative total of actual commitments for any of the first six
14-2 months of the state fiscal year exceeds the targeted level by 50
14-3 commitments or, at any point during the year, exceeds the targeted
14-4 level by 100 commitments.
14-5 (2) "Targeted level of new commitments" means the key
14-6 performance target for annual commitments to the commission under
14-7 the General Appropriations Act for the Texas Juvenile Probation
14-8 Commission, projected by month to obtain a cumulative monthly
14-9 comparison with the number of actual commitments.
14-10 SECTION 8. Section 61.079, Human Resources Code, is amended
14-11 to read as follows:
14-12 Sec. 61.079. REFERRAL FOR TRANSFER <REVIEW>. (a) After a
14-13 child sentenced to commitment to the commission under Section
14-14 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
14-15 of age but before the child becomes 21 years of age, the commission
14-16 may refer the child to the juvenile court that entered the order of
14-17 commitment for approval of the child's transfer to the
14-18 institutional division of the Texas Department of Criminal Justice
14-19 if:
14-20 (1) the child has not completed the child's sentence;
14-21 and
14-22 (2) the child's conduct, regardless of whether the
14-23 child was released under supervision under Section 61.081,
14-24 indicates that the welfare of the community requires the transfer
14-25 <During the sixth month before the month in which a person
14-26 committed to the commission under a determinate sentence becomes 18
14-27 years old, the commission shall send to the juvenile court that
15-1 entered the order of commitment a notice of the person's transfer
15-2 to the Texas Department of Corrections if:>
15-3 <(1) the person will not have completed the sentence
15-4 before the person's 18th birthday; and>
15-5 <(2) the person has not been finally released by the
15-6 commission with the approval of the juvenile court that entered the
15-7 order of commitment>.
15-8 (b) The commission shall cooperate with the court on any
15-9 proceeding on the transfer <release> of the child <a person>.
15-10 SECTION 9. Sections 61.081(f) and (g), Human Resources Code,
15-11 are amended to read as follows:
15-12 (f) If a child <under the age of 18> is committed to the
15-13 commission under <a determinate sentence under> Section
15-14 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
15-15 the commission may not release the child under supervision without
15-16 approval of the juvenile court that entered the order of commitment
15-17 unless the child has served at least:
15-18 (1) 10 years, if the child was sentenced to commitment
15-19 for conduct constituting capital murder;
15-20 (2) three years, if the child was sentenced to
15-21 commitment for conduct constituting a felony of the first degree;
15-22 (3) two years, if the child was sentenced to
15-23 commitment for conduct constituting a felony of the second degree;
15-24 or
15-25 (4) one year, if the child was sentenced to commitment
15-26 for conduct constituting a felony of the third degree.
15-27 (g) The commission may request the approval of the court
16-1 under this section at any time.
16-2 (h) <(g)> If the commission finds that a child has violated
16-3 an order under which the child is released under supervision, on
16-4 notice by any reasonable method to all persons affected, the
16-5 commission may order the child:
16-6 (1) to return to an institution;
16-7 (2) if the violation resulted in property damage or
16-8 personal injury:
16-9 (A) to make full or partial restitution to the
16-10 victim of the offense; or
16-11 (B) if the child is financially unable to make
16-12 full or partial restitution, to perform services for a charitable
16-13 or educational institution; or
16-14 (3) to comply with any other conditions the commission
16-15 considers appropriate.
16-16 SECTION 10. Section 61.084, Human Resources Code, is amended
16-17 to read as follows:
16-18 Sec. 61.084. TERMINATION OF CONTROL. (a) Except as
16-19 provided by Subsections (b) and (c), if a person is committed to
16-20 the commission under a determinate sentence under Section
16-21 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
16-22 the commission may not discharge the person from its custody
16-23 <before the person's 18th birthday without the approval of the
16-24 juvenile court that entered the order of commitment>.
16-25 (b) The commission shall discharge without a court hearing
16-26 a person committed to it for a determinate sentence under Section
16-27 54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
17-1 who has not been transferred to the institutional division of the
17-2 Texas Department of Criminal Justice <or discharged> under a court
17-3 order on the date that the time spent by the person in detention in
17-4 connection with the committing case plus the time spent at the
17-5 Texas Youth Commission under the order of commitment equals the
17-6 period of the determinate sentence.
17-7 (c) The commission shall transfer to the institutional
17-8 division of the Texas Department of Criminal Justice a person who
17-9 is the subject of an order under Section 54.11(i)(2), Family Code,
17-10 transferring the person to the custody of the institutional
17-11 division of the Texas Department of Criminal Justice for the
17-12 completion of the person's determinate sentence.
17-13 (d) The commission shall transfer a person sentenced to
17-14 commitment for delinquent conduct constituting the offense of
17-15 capital murder to the institutional division of the Texas
17-16 Department of Criminal Justice on the person's 21st birthday if the
17-17 person has not:
17-18 (1) served at least 10 years of the person's sentence;
17-19 or
17-20 (2) been transferred or released under supervision by
17-21 court order.
17-22 (e) Except as provided by Subsection (f), the <The>
17-23 commission shall discharge from its custody a person not already
17-24 discharged or transferred on the person's 21st birthday.
17-25 (f) The commission shall transfer a person who has been
17-26 sentenced to commitment under Section 54.04(d)(3), 54.04(m), or
17-27 54.05(f), Family Code, or who has been returned to the commission
18-1 under Section 54.11(i)(1), Family Code, to the custody of the
18-2 pardons and paroles division of the Texas Department of Criminal
18-3 Justice on the person's 21st birthday, if the person has not
18-4 already been discharged or transferred, to serve the remainder of
18-5 the person's sentence on parole as provided by Section 29, Article
18-6 42.18, Code of Criminal Procedure.
18-7 SECTION 11. Article 42.18, Code of Criminal Procedure, is
18-8 amended by adding Section 29 to read as follows:
18-9 Sec. 29. DETERMINATE SENTENCE PAROLE. (a) Not later than
18-10 the 90th day before the date the Texas Youth Commission transfers a
18-11 person to the custody of the pardons and paroles division for
18-12 release on parole under Section 61.084(f), Human Resources Code,
18-13 the commission shall submit to the board all pertinent information
18-14 relating to the person, including:
18-15 (1) the juvenile court judgment;
18-16 (2) the circumstances of the person's offense;
18-17 (3) the person's previous social history and juvenile
18-18 court records;
18-19 (4) the person's physical and mental health record;
18-20 (5) a record of the person's conduct, employment
18-21 history, and attitude while committed to the commission;
18-22 (6) a record of the sentence time served by the person
18-23 at the commission; and
18-24 (7) any written comments or information provided by
18-25 the commission, local officials, or victims of the offense.
18-26 (b) Before the release of the person on parole, a parole
18-27 panel shall review the person's records and may interview the
19-1 person or any other person the panel considers necessary to
19-2 determine the conditions of parole. The panel may impose any
19-3 reasonable condition of parole on the person that the panel may
19-4 impose on an adult prisoner under this article.
19-5 (c) The panel shall furnish the person with a contract
19-6 clearly describing the conditions and rules of parole. The person
19-7 must accept and sign the contract as a precondition to release on
19-8 parole.
19-9 (d) While on parole, the person remains in the legal custody
19-10 of the state and shall comply with the conditions of parole ordered
19-11 by a panel under this section.
19-12 (e) The period of parole for a person released to parole
19-13 under this section is the maximum term for which the person was
19-14 sentenced less calendar time actually served at the Texas Youth
19-15 Commission.
19-16 (f) If a parole panel revokes the person's parole, the panel
19-17 may require the person to serve the portion remaining of the
19-18 person's sentence in the institutional division. The remaining
19-19 portion of the person's sentence is computed without credit for the
19-20 time from the date of the person's release to the date of
19-21 revocation. The panel may not recommit the person to the Texas
19-22 Youth Commission.
19-23 (g) For purposes of this article, a person released from the
19-24 Texas Youth Commission on parole under this section is considered
19-25 to have been convicted of the offense for which the person has been
19-26 adjudicated.
19-27 SECTION 12. (a) The change in law made by this Act applies
20-1 only to conduct that occurs on or after the effective date of this
20-2 Act. Conduct violating a penal law of the state occurs on or after
20-3 the effective date of this Act if every element of the violation
20-4 occurs on or after that date.
20-5 (b) Conduct that occurs before the effective date of this
20-6 Act is covered by the law in effect at the time the conduct
20-7 occurred, and the former law is continued in effect for that
20-8 purpose.
20-9 SECTION 13. This Act takes effect September 1, 1995.
20-10 SECTION 14. The importance of this legislation and the
20-11 crowded condition of the calendars in both houses create an
20-12 emergency and an imperative public necessity that the
20-13 constitutional rule requiring bills to be read on three several
20-14 days in each house be suspended, and this rule is hereby suspended.