By Wise                                               H.B. No. 1799

         75R5077 GWK-D                           

                                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 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.