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