SGN H.B. 1386 75(R)BILL ANALYSIS


CORRECTIONS
H.B. 1386
By: Gray
3-19-97
Committee Report (Amended)


BACKGROUND 

The Board of Pardons and Paroles (BPP) was created by constitutional
amendment in 1936.  BPP determines which state prisoners are to be
released on parole, and in some cases, on mandatory supervision, and sets
the conditions for their supervision in the community.  BPP also decides
whether parolees who fail to comply with release conditions should be
revoked and sent back to prison and makes recommendations to the Governor
on executive clemency matters.  To carry out these programs, BPP had a
budget of $6.3 million and 155 employees for fiscal year 1996. The board's
headquarters is located in Austin and satellite offices are located in 18
other Texas cities.  BPP is administratively attached to the Texas
Department of Criminal Justice (TDCJ) as a separate strategy in the
appropriation to TDCJ. 

BPP is subject to review under the Texas Sunset Act, but is not abolished
under that chapter.  As a result of its review of BPP, the Sunset Advisory
Commission recommended continuation and several statutory modifications
that are contained in this legislation. 

PURPOSE

The purpose of this bill is to continue to provide for review of the Board
of Pardons and Paroles under the sunset act and make statutory
modifications recommended by the Sunset Advisory Commission.  The
modifications proposed by this bill: 

_restructure BPP to create a Parole Policy Board with rulemaking,
policymaking, and administrative authority; 

_strengthen training and technical support for parole revocation officers;

_provide for restudying BPP in two years in conjunction with the Sunset
review of the Texas Department of Criminal Justice; and 

_provide for other changes as recommended by the Sunset Commission.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted in the following sections: SECTION 5,  Sec. 6A(c), Article 42.18,
Code of Criminal Procedure, to the Board of Pardons and Paroles Policy
Board to adopt rules relating to the decision-making processes used by the
board and parole panels. In SECTION 8, Section 8(g), Article 42.18, Code
of Criminal Procedure, SECTION 9, Section 11(a), Article 42.18, Code of
Criminal Procedure, and SECTION 10, Section 14(a), Article 42.18, Code of
Criminal Procedure rulemaking authority currently given to the full Board
of Pardons and Paroles is given to the Board of Pardons and Paroles Policy
Board.  SECTION 14 provides that a rule, form, or policy adopted by the
Board of Pardons and Paroles is a rule, form, or policy of the Board of
Pardons and Paroles Policy Board.   

In addition, under the general rulemaking authority already granted to the
Board of Pardons and Paroles as transferred to the Parole Policy Board in
this bill, rules may be developed to implement other new provisions found
in this bill. 

SECTION BY SECTION ANALYSIS
 
SECTION 1.  Amends Section 2, Article 42.18, Code of Criminal Procedure,
by adding Subdivision (10) which defines the policy board as the Board of
Pardons and Paroles Policy Board.  

SECTION 2.  Amends Section 4(b)-(c), (f)-(i), Article 42.18, Code of
Criminal Procedure as follows: 

 (b)-(c) Updates standard language developed by the Sunset Commission.
Prohibits employees compensated at or above Group 17 in the General
Appropriations Act from being an officer or employee of a related Texas
trade association.  Prohibits registered lobbyists from serving as a
member of the board or acting as the general counsel to the board or
division. 

 (f) Adds standard language developed by the Sunset Commission.  Defines a
ground for removing a board or policy board member based on the member's
attendance at regularly scheduled policy board meetings. 

 (g) Adds standard language developed by the Sunset Commission. Requires
the board administrator or the board administrator's designee to inform
its members and employees of the qualifications for office or employment
and each person's responsibilities under the law. 

 (h)-(i) Updates standard language developed by the Sunset Commission.
Affirms that an action of the policy board is valid even if it is taken
when a ground for removal exists for one of the members.  Also provides
for the general counsel to notify the board's presiding officer who
notifies the governor and the attorney general if knowledge that a
potential ground for removal exists.  Provides for the general counsel to
notify the next highest officer who notifies the governor and attorney
general if knowledge that a potential ground for removal exists involving
the presiding officer.   

SECTION 3.  Amends Section 5, Article 42.18, Code of Criminal Procedure.
Requires the next Sunset review of BPP to occur in the same period as the
review of the Texas Department of Criminal Justice.   

SECTION 4.  Amends Section 6(a) and (c), Article 42.18, Code of Criminal
Procedure.   

 (a) Technical change.  Removes references to the board's "chairman" and
replaces them with "presiding officer." 

 (c) Removes references to BPP's Executive Committee and clarifies the
duties of the policy board from the existing duties of the full board for
adopting a mission statement for the operation of the parole process and
describing locations where the board intends to conduct business.   

SECTION 5.  Amends Section 6A (a)-(d), Article 42.18, Code of Criminal
Procedure. 

 (a)-(b) Creates a six-member Parole Policy Board appointed by the
Governor from the membership of the full parole board, with
responsibilities in addition to those of the full parole board.  Specifies
that the presiding officer of the full parole board serves as presiding
officer of the policy board and that members serve staggered six-year
terms that are concurrent with their terms on the full parole board. 

 (c) Specifies the duties of the policy board to adopt rules for parole
decisions; establish caseloads for parole board members; update parole
guidelines, assign precedential values for previous parole decisions and
develop policies to ensure the use of these guidelines and precedents in
making parole decisions; require activity reports from board members with
information on release decisions, workload, and use of parole guidelines;
and report annually to the Governor and the Legislature on board
activities, parole release decisions, and the use of parole guidelines. 

 (d) Requires the policy board to hire a board administrator to carry out
the day-to-day  activities of the board. 

SECTION 6.  Adds Sections 6C and 6D, Article 42.18, Code of Criminal
Procedure. 

 Section 6C(a)-(c)

 (a)(1) Adds standard language developed by the Sunset Commission.
Requires the policy board to clearly separate its policymaking
responsibilities from the management responsibilities of the board
administrator and staff of the board.   

 (2) Adds standard language developed by the Sunset Commission. Requires
the policy board to prepare and distribute information to the public
concerning the board's functions. 

 (3) Adds standard language developed by the Sunset Commission.  Requires
the policy board to comply with state and federal program and facility
accessibility laws. 

 (4) Adds standard language developed by the Sunset Commission. Requires
the policy board to prepare an annual financial report that meets the
reporting requirements in the General Appropriations Act.  

 (b) Adds standard language developed by the Sunset Commission. Requires
the policy board to develop a plan that describes how non-English speaking
persons can be provided reasonable access to the board's programs and
services. 

 (c) Adds standard language developed by the Sunset Commission. Requires
the policy board to comply with the open meetings and administrative
procedures laws. 

 Section 6D(a)-(e).

 (a)-(c) Adds standard language developed by the Sunset Commission.
Requires the board administrator or a designee to develop an equal
employment policy that is annually updated, reviewed by the Texas
Commission on Human Rights, and filed with the Governor's Office. 

 (d) Adds standard language developed by the Sunset Commission.  Requires
the board administrator or a designee to develop an intra-agency career
ladder program that addresses mobility and advancement opportunities for
employees within the board and requires intraagency postings of job
openings concurrently with any public posting. 

 (e) Adds standard language developed by the Sunset Commission. Requires
the board administrator or a designee to develop a system of annual
performance evaluations based on documented employee performance upon
which merit salary increases must be based. 

SECTION 7.  Amends Section 7(c), (d), (f), and (h) and adds Subsection
(i), Article 42.18, Code of Criminal Procedure.   

 (c), (d) and (f) Clarifies duties of the policy board from existing
duties of the full board. 

 (h)-(i) Clarifies duties of the policy board from existing duties of the
full board and adds standard language developed by the Sunset Commission.
Requires members of the board, policy board, or a parole panel to complete
training before assuming their duties and being confirmed by the Senate. 

SECTION 8.  Amends Section 8(g), Article 42.18, Code of Criminal
Procedure. Clarifies duties of the policy board from existing duties of
the full board. 

SECTION 9.  Amends Section 11(a), Article 42.18, Code of Criminal
Procedure. Clarifies duties of the policy board from existing duties of
the full board. 

SECTION 10.  Amends Section 14 (a) and (b) and reletters (c), Article
42.18, Code of Criminal  Procedure.   

 (a) Clarifies duties of the policy board from existing duties of the full
board. 

 (b)-(c) Removes language relating to training of board hearing officers
responsible for conducting revocation hearings and redesignates provisions
relating to warrant withdrawal. 

SECTION 11.  Adds Section 14A, Article 42.18, Code of Criminal Procedure.
Requires the policy board to develop a training program for all newly
hired hearing officers and an annual training update for all hearing
officers.  Requires the policy board to prepare and biennially update a
procedural manual for hearing officers and prepare and update a handbook
for participants regarding the hearing process. 
 
SECTION 12.  Provides the method for designating the initial policy board
for staggered terms to be served concurrently with the members' terms on
the full board. 

SECTION 13.  Specifies that the policy board must implement the training
programs for hearing officers before June 1, 1998 and requires new
employees hired on or after that date to complete the training before
conducting a hearing.  Specifies that the policy board completes a
procedural manual and handbook for revocation hearings before June 1,
1998. 

SECTION 14.  Specifies that rules, forms, or policies enacted by the Board
of Pardons and Paroles are rules, forms, or policies of the Board of
Pardons and Paroles Policy Board as of January 1, 1998. 

SECTION 15.  Specifies the effective date of the Act as September 1, 1997.

SECTION 16.  Emergency clause.


EXPLANATION OF AMENDMENTS

Committee amendment number one clarifies who would notify the governor and
attorney general of any grounds for removing the board's presiding
officer.  It deletes language requiring "the next highest officer of the
board" to give this notification because this position does not exist.
The board's general counsel would directly notify the governor and
attorney general of any potential grounds for removal involving the
presiding officer.  

Committee amendment number one also specifies that the application of the
administrative procedures law to the policy board does not affect other
provisions already in the Government Code that exempt hearings and
interviews conducted by the board and the TDCJ parole division from
administrative procedures provisions regarding declaratory judgment, court
enforcement, and contested cases.