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.