By Wise H.B. No. 1799
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedural requirements applicable to the release on
1-3 parole of certain sex offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 8(e), Article 42.18, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (e) Not later than the 120th day after the date on which a
1-8 prisoner is admitted to the institutional division, the Texas
1-9 Department of Criminal Justice shall secure all pertinent
1-10 information relating to the prisoner, including but not limited to
1-11 the court judgment, any sentencing report, the circumstances of the
1-12 prisoner's offense, the prisoner's previous social history and
1-13 criminal record, the prisoner's physical and mental health record,
1-14 a record of the prisoner's conduct, employment history, and
1-15 attitude in prison, and any written comments or information
1-16 provided by local trial officials or victims of the offense. An
1-17 attorney representing the state in the prosecution of a prisoner
1-18 serving a sentence for an offense described by Section 8(u)(2)
1-19 shall provide written comments to the department on the
1-20 circumstances related to the commission of the offense and other
1-21 information determined by the attorney to be relevant to any
1-22 subsequent parole decisions regarding the prisoner. The Texas
1-23 Department of Criminal Justice shall establish a proposed program
1-24 of measurable institutional progress that must be submitted to the
2-1 board at the time of the board's consideration of the inmate's case
2-2 for release. The board shall conduct an initial review of an
2-3 eligible inmate not later than the 180th day after the date of the
2-4 inmate's admission to the institutional division. Before the
2-5 inmate is approved for release to parole by the board, the inmate
2-6 must agree to participate in the programs and activities described
2-7 by the proposed program of measurable institutional progress. The
2-8 institutional division shall work closely with the board to monitor
2-9 the progress of the inmate in the institutional division and shall
2-10 report the progress to the board before the inmate's release.
2-11 SECTION 2. Section 8(f)(2), Article 42.18, Code of Criminal
2-12 Procedure, is amended to read as follows:
2-13 (2) Before a parole panel considers for parole a
2-14 prisoner who is serving a sentence for an offense in which a person
2-15 was a victim, the pardons and paroles division, using the name and
2-16 address provided on the victim impact statement, shall make a
2-17 reasonable effort to notify a victim of the prisoner's crime or if
2-18 the victim has a legal guardian or is deceased, to notify the legal
2-19 guardian or close relative of the deceased victim. If the notice
2-20 is sent to a guardian or close relative of a deceased victim, the
2-21 notice must contain a request by the pardons and paroles division
2-22 that the guardian or relative inform other persons having an
2-23 interest in the matter that the prisoner is being considered for
2-24 parole. The parole panel shall allow a victim, guardian of a
2-25 victim, close relative of a deceased victim, or a representative of
2-26 a victim or his guardian or close relative to provide a written
2-27 statement. The parole panel also shall allow one person to appear
3-1 in person before the board members to present a statement of the
3-2 person's views about the offense, the defendant, and the effect of
3-3 the offense on the victim. The person may be the victim of the
3-4 prisoner's crime or, if the victim has a legal guardian or is
3-5 deceased, the legal guardian of the victim or close relative of the
3-6 deceased victim. If more than one person is otherwise entitled
3-7 under this subdivision to appear in person before the board, only
3-8 the person chosen by all persons entitled to appear as their sole
3-9 representative may appear before the board. This subsection may
3-10 not be construed to limit the number of persons who may provide
3-11 written statements for or against the release of the prisoner on
3-12 parole. The parole panel shall consider the statements and the
3-13 information provided in a victim impact statement in determining
3-14 whether or not to recommend parole. However, the failure of the
3-15 pardons and paroles division to comply with notice requirements of
3-16 this subsection is not a ground for revocation of parole. Before a
3-17 parole panel considers for release on parole a prisoner serving a
3-18 sentence for an offense described by Section 8(u)(2), the panel
3-19 shall require that the prisoner submit to an evaluation by an
3-20 individual or organization that provides sex offender treatment or
3-21 counseling for the purpose of determining whether the person if
3-22 released would pose a threat to public safety.
3-23 SECTION 3. Section 8(u)(1), Article 42.18, Code of Criminal
3-24 Procedure, is amended to read as follows:
3-25 (u)(1) A parole panel shall establish a child safety zone
3-26 applicable to an inmate described by Subdivision (2) if the panel
3-27 determines that a child as defined by Section 22.011(c), Penal
4-1 Code, was the victim of the offense by requiring as a condition of
4-2 parole or release to mandatory supervision that the inmate:
4-3 (A) not:
4-4 (i) supervise or participate in any
4-5 program that includes as participants or recipients persons who are
4-6 17 years of age or younger and that regularly provides athletic,
4-7 civic, or cultural activities; or
4-8 (ii) go in, on, or within a distance
4-9 specified by the panel of a premises where children commonly
4-10 gather, including a school, day-care facility, playground, public
4-11 or private youth center, public swimming pool, or video arcade
4-12 facility; and
4-13 (B) attend for not less than three years
4-14 psychological counseling sessions for sex offenders with an
4-15 individual or organization which provides sex offender treatment or
4-16 counseling as specified by the parole officer supervising the
4-17 parolee after release.
4-18 SECTION 4. Article 56.11(a), Code of Criminal Procedure, as
4-19 amended by Senate Bill No. 97, Acts of the 75th Legislature,
4-20 Regular Session, 1997, is amended to read as follows:
4-21 (a) The institutional division of the Texas Department of
4-22 Criminal Justice shall notify the victim of the offense and local
4-23 law enforcement officials in the county where the victim resides
4-24 whenever a person convicted of a felony offense described by
4-25 Section 8(u)(2), Article 42.18, or a felony offense under
4-26 Subsection (a) as enhanced by Subsection (b) of Section 42.072,
4-27 Penal Code:
5-1 (1) completes the person's sentence and is released;
5-2 or
5-3 (2) escapes from a facility operated by the
5-4 institutional division.
5-5 SECTION 5. This Act takes effect September 1, 1997.
5-6 SECTION 6. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.