By Naishtat H.B. No. 2807
74R1679 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring the Board of Pardons and Paroles to conduct
1-3 formal parole hearings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 7(e), Article 42.18, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (e) Except as provided by Subsection (g) of this section, in
1-8 matters of parole, release to mandatory supervision, and revocation
1-9 of parole or mandatory supervision, the board members shall act in
1-10 panels comprised of three persons in each panel. The composition
1-11 of the respective panels shall be designated by the chairman of the
1-12 board. A majority of each panel shall constitute a quorum for the
1-13 transaction of its business, and its decisions shall be by majority
1-14 vote. The members of a panel are not required to meet as a body to
1-15 perform the members' duties as prescribed by this article, except
1-16 to conduct a hearing as provided by Sections 8(f)(2) and <Section>
1-17 14 of this article.
1-18 SECTION 2. Section 8(f), Article 42.18, Code of Criminal
1-19 Procedure, is amended by amending Subdivisions (2) and (5) and by
1-20 adding Subdivision (6) to read as follows:
1-21 (2) Before a parole panel considers for parole a
1-22 prisoner who is serving a sentence for an offense in which a person
1-23 was a victim, the pardons and paroles division, not later than 15
1-24 days before the date of the hearing, shall notify the prisoner and,
2-1 using the name and address provided on the victim impact statement,
2-2 any <shall make a reasonable effort to notify a> victim of the
2-3 prisoner's offense, or the victim's legal guardian, if any, or a
2-4 close relative of the victim, if the victim is deceased <crime or
2-5 if the victim has a legal guardian or is deceased, to notify the
2-6 legal guardian or close relative of the deceased victim>. If the
2-7 notice is sent to a guardian or close relative of a deceased
2-8 victim, the notice must contain a request by the pardons and
2-9 paroles division that the guardian or relative inform other persons
2-10 having an interest in the matter that the prisoner is being
2-11 considered for parole. The <If a hearing is held, the> parole
2-12 panel shall hold a hearing at which the panel shall allow a victim,
2-13 guardian of a victim, close relative of a deceased victim, or a
2-14 representative of a victim or his guardian or close relative and
2-15 the prisoner or the prisoner's legal representative to present
2-16 testimony and to provide a written statement concerning the
2-17 advisability of releasing the prisoner on parole. This subsection
2-18 may not be construed to limit the number of persons who may provide
2-19 written statements for or against the release of the prisoner on
2-20 parole. The parole panel shall consider the testimony, the
2-21 statements, and the information provided in a victim impact
2-22 statement in determining whether or not to recommend parole.
2-23 However, the failure of the pardons and paroles division to comply
2-24 with procedural requirements for hearings under <notice
2-25 requirements of> this subsection is not a ground for revocation of
2-26 parole.
2-27 (5) <Before ordering the parole of any prisoner, a
3-1 parole panel may have the prisoner appear before it and interview
3-2 him.> A parole shall be ordered only for the best interest of
3-3 society, not as an award of clemency; it shall not be considered to
3-4 be a reduction of sentence or pardon. The board shall develop and
3-5 implement parole guidelines that shall be the basic criteria on
3-6 which parole decisions are made. The parole guidelines shall be
3-7 developed according to an acceptable research method and shall be
3-8 based on the seriousness of the offense and the likelihood of
3-9 favorable parole outcome. The board shall review the parole
3-10 guidelines periodically and make reports on those reviews to the
3-11 Legislative Criminal Justice Board. If a member of the board
3-12 deviates from the parole guidelines in casting a vote on a parole
3-13 decision, the member shall produce a brief written statement
3-14 describing the circumstances regarding the departure from the
3-15 guidelines and place a copy of the statement in the file of the
3-16 inmate for whom the parole decision was made. The board shall keep
3-17 a copy of each statement in a central location. A prisoner shall
3-18 be placed on parole only when arrangements have been made for his
3-19 employment or for his maintenance and care and when the parole
3-20 panel believes that he is able and willing to fulfill the
3-21 obligations of a law-abiding citizen. Every prisoner while on
3-22 parole shall remain in the legal custody of the pardons and paroles
3-23 division and shall be amenable to the conditions of supervision
3-24 ordered under this article.
3-25 (6) The board by rule shall adopt procedures under
3-26 which parole panels conduct hearings required by Subdivision (2).
3-27 SECTION 3. Article 56.02(a), Code of Criminal Procedure, is
4-1 amended to read as follows:
4-2 (a) A victim, guardian of a victim, or close relative of a
4-3 deceased victim is entitled to the following rights within the
4-4 criminal justice system:
4-5 (1) the right to receive from law enforcement agencies
4-6 adequate protection from harm and threats of harm arising from
4-7 cooperation with prosecution efforts;
4-8 (2) the right to have the magistrate take the safety
4-9 of the victim or his family into consideration as an element in
4-10 fixing the amount of bail for the accused;
4-11 (3) the right, if requested, to be informed of
4-12 relevant court proceedings and to be informed if those court
4-13 proceedings have been canceled or rescheduled prior to the event;
4-14 (4) the right to be informed, when requested, by a
4-15 peace officer concerning the defendant's right to bail and the
4-16 procedures in criminal investigations and by the district
4-17 attorney's office concerning the general procedures in the criminal
4-18 justice system, including general procedures in guilty plea
4-19 negotiations and arrangements, restitution, and the appeals and
4-20 parole process;
4-21 (5) the right to provide pertinent information to a
4-22 probation department conducting a presentencing investigation
4-23 concerning the impact of the offense on the victim and his family
4-24 by testimony, written statement, or any other manner prior to any
4-25 sentencing of the offender;
4-26 (6) the right to receive information regarding
4-27 compensation to victims of crime as provided by Subchapter B <the
5-1 Crime Victims Compensation Act (Article 8309-1, Vernon's Texas
5-2 Civil Statutes)>, including information related to the costs that
5-3 may be compensated under that subchapter <Act> and the amount of
5-4 compensation, eligibility for compensation, and procedures for
5-5 application for compensation under that subchapter <Act>, the
5-6 payment for a medical examination under Article 56.06 of this code
5-7 for a victim of a sexual assault, and when requested, to referral
5-8 to available social service agencies that may offer additional
5-9 assistance;
5-10 (7) the right to be informed, upon request, of parole
5-11 procedures, to participate in the parole process, to be notified,
5-12 if requested, of parole proceedings concerning a defendant in the
5-13 victim's case, to present testimony and to provide to the Board of
5-14 Pardons and Paroles for inclusion in the defendant's file
5-15 information to be considered by the board prior to the parole of
5-16 any defendant convicted of any crime subject to this subchapter
5-17 <Act>, and to be notified, if requested, of the defendant's
5-18 release;
5-19 (8) the right to be provided with a waiting area,
5-20 separate or secure from other witnesses, including the offender and
5-21 relatives of the offender, before testifying in any proceeding
5-22 concerning the offender; if a separate waiting area is not
5-23 available, other safeguards should be taken to minimize the
5-24 victim's contact with the offender and the offender's relatives and
5-25 witnesses, before and during court proceedings;
5-26 (9) the right to prompt return of any property of the
5-27 victim that is held by a law enforcement agency or the attorney for
6-1 the state as evidence when the property is no longer required for
6-2 that purpose;
6-3 (10) the right to have the attorney for the state
6-4 notify the employer of the victim, if requested, of the necessity
6-5 of the victim's cooperation and testimony in a proceeding that may
6-6 necessitate the absence of the victim from work for good cause; and
6-7 (11) the right to counseling, on request, regarding
6-8 acquired immune deficiency syndrome (AIDS) and human
6-9 immunodeficiency virus (HIV) infection and testing for acquired
6-10 immune deficiency syndrome (AIDS), human immunodeficiency virus
6-11 (HIV) infection, antibodies to HIV, or infection with any other
6-12 probable causative agent of AIDS, if the offense is an offense
6-13 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code.
6-14 SECTION 4. (a) The Board of Pardons and Paroles shall adopt
6-15 procedures for hearings as required by Section 8(f)(6), Article
6-16 42.18, Code of Criminal Procedure, not later than November 1, 1995.
6-17 (b) The requirement under Section 8(f)(2), Article 42.18,
6-18 Code of Criminal Procedure, as amended by this Act, that a parole
6-19 panel hold a hearing before ordering the release of a prisoner on
6-20 parole applies only to an action of a parole panel under Section
6-21 8(f)(2) taken on or after January 1, 1996.
6-22 SECTION 5. The importance of this legislation and the
6-23 crowded condition of the calendars in both houses create an
6-24 emergency and an imperative public necessity that the
6-25 constitutional rule requiring bills to be read on three several
6-26 days in each house be suspended, and this rule is hereby suspended,
6-27 and that this Act take effect and be in force from and after its
7-1 passage, and it is so enacted.