1-1 AN ACT
1-2 relating to the organization and duties of the Board of Pardons and
1-3 Paroles and the consequences of the revocation of parole or
1-4 mandatory supervision.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 508.034, Government Code, is amended by
1-7 adding Subsection (f) to read as follows:
1-8 (f) It is a ground for removal from the board that a member
1-9 fails to comply with policies or rules adopted by the policy board.
1-10 SECTION 2. Section 508.035, Government Code, is amended by
1-11 adding Subsection (c) to read as follows:
1-12 (c) The presiding officer reports directly to the governor
1-13 and serves as the administrative head of the policy board and the
1-14 board.
1-15 SECTION 3. Section 508.036(c), Government Code, is amended
1-16 to read as follows:
1-17 (c) The policy board shall:
1-18 (1) adopt rules relating to the decision-making
1-19 processes used by the board and parole panels;
1-20 (2) establish caseloads and required work hours for
1-21 members of the board and assign duties to members of the policy
1-22 board that are in addition to the duties those members have in
1-23 handling a caseload;
1-24 (3) update parole guidelines, assign precedential
2-1 value to previous decisions of the board relating to the granting
2-2 of parole and the revocation of parole or mandatory supervision,
2-3 and develop policies to ensure that members of the board use
2-4 guidelines and previous decisions of the board in making decisions
2-5 under this chapter;
2-6 (4) require members of the board to file activity
2-7 reports, on forms provided by the policy board, that provide
2-8 information on release decisions made by members of the board, the
2-9 workload and hours worked of the members of the board, and the use
2-10 of parole guidelines by members of the board; and
2-11 (5) report at least annually to the governor and the
2-12 legislature on board activities, parole release decisions, and the
2-13 use of parole guidelines by the board.
2-14 SECTION 4. Section 508.044, Government Code, is amended by
2-15 amending Subsection (b) and adding Subsection (f) to read as
2-16 follows:
2-17 (b) In addition to performing the duties imposed on the
2-18 board by the Texas Constitution and other law, board members shall
2-19 determine:
2-20 (1) which inmates are to be released on parole or
2-21 mandatory supervision;
2-22 (2) conditions of parole or mandatory supervision,
2-23 including special conditions;
2-24 (3) the modification and withdrawal of conditions of
2-25 parole or mandatory supervision;
2-26 (4) which releasees may be released from supervision
2-27 and reporting; and
3-1 (5) [(4)] the continuation, modification, and
3-2 revocation of parole or mandatory supervision.
3-3 (f) Board members shall, at the direction of the presiding
3-4 officer, file activity reports on duties performed under this
3-5 chapter.
3-6 SECTION 5. Section 508.115(a), Government Code, is amended
3-7 to read as follows:
3-8 (a) Not later than the 11th day before the date a parole
3-9 panel [the board] orders the release on parole of an inmate or not
3-10 later than the 11th day after the date the board recommends that
3-11 the governor grant executive clemency, the division shall notify
3-12 the sheriffs, each chief of police, the prosecuting attorneys, and
3-13 the district judges in the county in which the inmate was convicted
3-14 and the county to which the inmate is released that a parole panel
3-15 [the board] is considering release on parole or the governor is
3-16 considering clemency.
3-17 SECTION 6. Section 508.153(a), Government Code, is amended
3-18 to read as follows:
3-19 (a) A parole panel considering for release on parole or
3-20 mandatory supervision an inmate who is serving a sentence for an
3-21 offense in which a person was a victim shall allow:
3-22 (1) the victim, a guardian of the victim, a close
3-23 relative of the deceased victim, or a representative of the victim,
3-24 the victim's guardian, or the victim's close relative to provide a
3-25 written statement to the panel; and
3-26 (2) the victim, guardian of the victim, or close
3-27 relative of the deceased victim to appear in person before the
4-1 board members to present a statement of the person's views about:
4-2 (A) the offense;
4-3 (B) the inmate; and
4-4 (C) the effect of the offense on the victim.
4-5 SECTION 7. Section 508.283, Government Code, is amended to
4-6 read as follows:
4-7 Sec. 508.283. SANCTIONS. (a) After a parole panel or
4-8 designated agent of the board has held a hearing under Section
4-9 508.281, [the board may,] in any manner warranted by the evidence:
4-10 (1) the board may recommend to the governor to
4-11 continue, revoke, or modify the conditional pardon; and [or]
4-12 (2) a parole panel may continue, revoke, or modify the
4-13 parole or mandatory supervision.
4-14 (b) If the [a person's] parole, mandatory supervision, or
4-15 conditional pardon of a person described by Section 508.149(a) is
4-16 revoked, the person may be required to serve the remaining portion
4-17 of the sentence on which the person was released. The remaining
4-18 portion is computed without credit for the time from the date of
4-19 the person's release to the date of revocation.
4-20 (c) If the parole, mandatory supervision, or conditional
4-21 pardon of a person other than a person described by Section
4-22 508.149(a) is revoked, the person may be required to serve the
4-23 remaining portion of the sentence on which the person was released.
4-24 For a person who on the date of issuance of a warrant or summons
4-25 initiating the revocation process is subject to a sentence the
4-26 remaining portion of which is greater than the amount of time from
4-27 the date of the person's release to the date of issuance of the
5-1 warrant or summons, the remaining portion is to be served without
5-2 credit for the time from the date of the person's release to the
5-3 date of revocation. For a person who on the date of issuance of
5-4 the warrant or summons is subject to a sentence the remaining
5-5 portion of which is less than the amount of time from the date of
5-6 the person's release to the date of issuance of the warrant or
5-7 summons, the remaining portion is to be served without credit for
5-8 an amount of time equal to the remaining portion of the sentence on
5-9 the date of issuance of the warrant or citation.
5-10 (d) If a warrant is issued charging a violation of a release
5-11 condition or a summons is issued for a hearing under Section
5-12 508.281, the sentence time credit may be suspended until a
5-13 determination is made in the case. The suspended time credit may
5-14 be reinstated if the parole, mandatory supervision, or conditional
5-15 pardon is continued.
5-16 SECTION 8. Section 508.313(c), Government Code, is amended
5-17 to read as follows:
5-18 (c) The department may provide information that is
5-19 confidential and privileged under Subsection (a) to:
5-20 (1) the governor;
5-21 (2) a member of the board;
5-22 (3) the Criminal Justice Policy Council in performing
5-23 duties of the council under Section 413.017 [413.021]; or
5-24 (4) an eligible entity requesting information for a
5-25 law enforcement, prosecutorial, correctional, clemency, or
5-26 treatment purpose.
5-27 SECTION 9. Section 508.322(c), Government Code, is amended
6-1 to read as follows:
6-2 (c) When a parole panel [the board] orders the payment of
6-3 restitution from a releasee as provided by Article 42.037(h), Code
6-4 of Criminal Procedure, the department shall:
6-5 (1) collect the payment for disbursement to the
6-6 victim;
6-7 (2) deposit the payment in the releasee restitution
6-8 fund; and
6-9 (3) transmit the payment to the victim as soon as
6-10 practicable.
6-11 SECTION 10. Article 42.037(h), Code of Criminal Procedure,
6-12 is amended to read as follows:
6-13 (h) If a defendant is placed on community supervision
6-14 [probation] or is paroled or released on mandatory supervision
6-15 [under this chapter], the court or the parole panel [Board of
6-16 Pardons and Paroles] shall order the payment of restitution ordered
6-17 under this article as a condition of community supervision
6-18 [probation], parole, or mandatory supervision. The court may
6-19 revoke community supervision [probation] and the parole panel
6-20 [Board of Pardons and Paroles] may revoke parole or mandatory
6-21 supervision if the defendant fails to comply with the order. In
6-22 determining whether to revoke community supervision [probation],
6-23 parole, or mandatory supervision, the court or parole panel [board]
6-24 shall consider:
6-25 (1) the defendant's employment status;
6-26 (2) the defendant's earning ability;
6-27 (3) the defendant's financial resources;
7-1 (4) the willfulness of the defendant's failure to pay;
7-2 and
7-3 (5) any other special circumstances that may affect
7-4 the defendant's ability to pay.
7-5 SECTION 11. The change in law made by this Act to Section
7-6 508.283, Government Code, applies to any revocation that occurs on
7-7 or after September 1, 2001.
7-8 SECTION 12. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1649 was passed by the House on May
8, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1649 was passed by the Senate on May
21, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor