By Madden H.B. No. 2972
75R2005 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring as a condition of release on parole or
1-3 mandatory supervision that a prisoner demonstrate a certain level
1-4 of educational skill.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 8(b), Article 42.18, Code of Criminal
1-7 Procedure, is amended by adding Subdivision (6) to read as follows:
1-8 (6) A parole panel may not release a prisoner
1-9 otherwise eligible for release under this subsection unless the
1-10 parole panel determines that the prisoner has, and has
1-11 demonstrated, an educational skill level that is equal to or
1-12 greater than the average skill level of students who have completed
1-13 the sixth grade in the public schools of this state or that the
1-14 prisoner lacks the intellectual capacity or the learning ability to
1-15 achieve that level of skill.
1-16 SECTION 2. Section 8(c), Article 42.18, Code of Criminal
1-17 Procedure, is amended to read as follows:
1-18 (c) Except as otherwise provided by this subsection and
1-19 Subsection (c-1), a prisoner who is not on parole shall be released
1-20 to mandatory supervision by order of a parole panel when the
1-21 calendar time he has served plus any accrued good conduct time
1-22 equal the maximum term to which he was sentenced. A parole panel
1-23 may not order the release of a prisoner otherwise eligible for
1-24 release under this subsection unless the parole panel determines
2-1 that the prisoner has, and has demonstrated, an educational skill
2-2 level that is equal to or greater than the average skill level of
2-3 students who have completed the sixth grade in the public schools
2-4 of this state or that the prisoner lacks the intellectual capacity
2-5 or learning ability to achieve that level of skill. A prisoner
2-6 released to mandatory supervision shall, upon release, be deemed as
2-7 if released on parole. To the extent practicable, arrangements for
2-8 the prisoner's proper employment, maintenance, and care shall be
2-9 made prior to his release to mandatory supervision. The period of
2-10 mandatory supervision shall be for a period equivalent to the
2-11 maximum term for which the prisoner was sentenced less calendar
2-12 time actually served on the sentence. The time served on mandatory
2-13 supervision is calculated as calendar time. Every prisoner while
2-14 on mandatory supervision shall remain in the legal custody of the
2-15 state and shall be amenable to conditions of supervision ordered by
2-16 the parole panel. A prisoner may not be released to mandatory
2-17 supervision if the prisoner is serving or has previously been
2-18 convicted for an offense and the judgment for the offense contains
2-19 an affirmative finding under Subdivision (2), Subsection (a),
2-20 Section 3g, Article 42.12, of this code or if the prisoner is
2-21 serving a sentence for or has previously been convicted of:
2-22 (1) a first degree felony under Section 19.02, Penal
2-23 Code (Murder);
2-24 (2) a capital felony under Section 19.03, Penal Code
2-25 (Capital Murder);
2-26 (3) a first degree felony or a second degree felony
2-27 under Section 20.04, Penal Code (Aggravated Kidnapping);
3-1 (4) a second degree felony under Section 22.011, Penal
3-2 Code (Sexual Assault);
3-3 (5) a second degree or first degree felony under
3-4 Section 22.02, Penal Code (Aggravated Assault);
3-5 (6) a first degree felony under Section 22.021, Penal
3-6 Code (Aggravated Sexual Assault);
3-7 (7) a first degree felony under Section 22.04, Penal
3-8 Code (Injury to a Child, Elderly Individual, or Disabled
3-9 Individual);
3-10 (8) a first degree felony under Section 28.02, Penal
3-11 Code (Arson);
3-12 (9) a second degree felony under Section 29.02, Penal
3-13 Code (Robbery);
3-14 (10) a first degree felony under Section 29.03, Penal
3-15 Code (Aggravated Robbery);
3-16 (11) a first degree felony under Section 30.02, Penal
3-17 Code (Burglary); or
3-18 (12) a felony for which the punishment is increased
3-19 under Section 481.134, Health and Safety Code (Drug-Free Zones).
3-20 SECTION 3. Section 8(k), Article 42.18, Code of Criminal
3-21 Procedure, is repealed.
3-22 SECTION 4. (a) The change in law made by this Act applies
3-23 only to a prisoner sentenced for an offense committed on or after
3-24 the effective date of this Act. For purposes of this section, an
3-25 offense is committed before the effective date of this Act if any
3-26 element of the offense occurs before the effective date.
3-27 (b) A prisoner sentenced for an offense committed before the
4-1 effective date of this Act is covered by the law in effect when the
4-2 offense was committed, and the former law is continued in effect
4-3 for that purpose.
4-4 SECTION 5. This Act takes effect September 1, 1997.
4-5 SECTION 6. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.