SGN C.S.H.B. 547 75(R)BILL ANALYSIS CORRECTIONS C.S.H.B. 547 By: Culberson 3-26-97 Committee Report (Substituted) BACKGROUND In 1994 Congress passed the Truth in Sentencing Act which provided for $1 billion in criminal justice grants for construction, operation and maintenance of prisons and other rehabilitative programs to all states who qualify. Currently Texas does not qualify. The one major factor that Texas lacks in order to qualify is a law that requires violent felons to serve at least 85% of their sentence in prison before being considered for parole. PURPOSE To amend Sections 8 (b) (3) and (5), Article 42.18, Code of Criminal Procedure to require that all 3g felons serve at least 85% of their sentence before being considered for parole. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 8 (b) (3) and (5), Article 42.18, Code of Criminal Procedure, as follows: (3) Provides that a prisoner serving a sentence for the offenses described by Subdivision (1) (A), (C), (D), (E), (F), or (G) of Section 3g(a), Article 42.12, of this code, is not eligible for release on parole until his actual calendar time served equals 85% of the sentence imposed. (5) Adds that except as provided by Subsection (m) (1) of this section, all other prisoners shall be eligible for release on parole when their calendar time served plus good conduct time equals onefourth of the maximum sentence imposed or 15 years, whichever is less. SECTION 2. Amends Section 8 (m), Article 42.18, Code of Criminal Procedure, by renaming subdivision (m) as (m)(1), relettering the subsections under (m); and adding a new subdivision (2) as follows: (2) Provides that a prisoner serving a sentence for an offense for which parole eligibility is otherwise determined under Subsection (b) (3) may become eligible for special needs parole at a date earlier than the date calculated under Subsection (b) (3), if the prisoner is 65 years of age or older; has served, in calendar time, 60 percent of the prisoner's sentence; and the prisoner is determined by the parole panel to no longer constitute a threat to the victim of the prisoner's offense or to the public at large. SECTION 3. Amends Section 4 (a), Article 37.07, Code of Criminal Procedure, to provide that in the penalty phase of a defendant found guilty of an offense in Section 3g, Article 42.12 of this code, the jury instructions are changed to reflect that a defendant will not become eligible for parole until the actual time served equals 85% of the sentence imposed. SECTION 4. Provides that the change in law made by this Act, relating to a prisoner's eligibility for parole, applies only to a prisoner sentenced for an offense committed on or after the effective date of this Act. SECTION 5. Provides that this Act takes effect on the date on which the attorney general or other attorney representing the interests of the state in the matter of Ruiz v. Collins certifies to the governor that no federal district court retains jurisdiction to enforce the final judgment entered in that case on December 11, 1992. SECTION 6. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitutes changes the effective date from September 1, 1997 to the date on which the attorney general or other attorney representing the interests of the state in the matter of Ruiz v. Collins certifies to the governor that no federal district court retains jurisdiction to enforce the final judgment entered in that case on December 11, 1992.