By Gallego H.B. No. 1649
77R5795 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the organization and duties of the Board of Pardons and
1-3 Paroles.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 508.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 508.001. DEFINITIONS. In this chapter:
1-8 (1) "Board" means the Board of Pardons and Paroles.
1-9 (2) "Community supervision and corrections department"
1-10 means a department established under Chapter 76.
1-11 (3) "Director" means the director of the pardons and
1-12 paroles division.
1-13 (4) "Division" means the pardons and paroles division.
1-14 (5) "Mandatory supervision" means the release of an
1-15 eligible inmate sentenced to the institutional division so that the
1-16 inmate may serve the remainder of the inmate's sentence not on
1-17 parole but under the supervision of the pardons and paroles
1-18 division.
1-19 (6) "Parole" means the discretionary and conditional
1-20 release of an eligible inmate sentenced to the institutional
1-21 division so that the inmate may serve the remainder of the inmate's
1-22 sentence under the supervision of the pardons and paroles division.
1-23 (7) "Parole commissioner" means a person appointed by
1-24 the board to perform the duties described by Section 508.044.
2-1 (8) "Parole officer" means a person appointed by the
2-2 director and assigned the duties of assessment of risks and needs,
2-3 investigation, case management, and supervision of releasees to
2-4 ensure that releasees are complying with the conditions of parole
2-5 or mandatory supervision.
2-6 [(8) "Policy board" means the Board of Pardons and
2-7 Paroles Policy Board.]
2-8 (9) "Releasee" means a person released on parole or to
2-9 mandatory supervision.
2-10 SECTION 2. Section 508.031(a), Government Code, is amended
2-11 to read as follows:
2-12 (a) The board consists of six [18] members appointed by the
2-13 governor with the advice and consent of the senate.
2-14 SECTION 3. Section 508.034, Government Code, is amended to
2-15 read as follows:
2-16 Sec. 508.034. GROUNDS FOR REMOVAL. (a) It is a ground for
2-17 removal from the board that a member:
2-18 (1) does not have at the time of taking office the
2-19 qualification required by Section 508.032(b) for appointment to the
2-20 board;
2-21 (2) is ineligible for membership under Section
2-22 508.033;
2-23 (3) is unable to discharge the member's duties for a
2-24 substantial part of the term for which the member is appointed
2-25 because of illness or disability; or
2-26 (4) is absent from more than half of the regularly
2-27 scheduled board or panel meetings that the member is eligible to
3-1 attend during each calendar year, except when the absence is
3-2 excused by majority vote of the board.
3-3 (b) [It is a ground for removal from the board and the
3-4 policy board if a member of the policy board is absent from more
3-5 than half of the regularly scheduled policy board meetings that the
3-6 member is eligible to attend during each calendar year.]
3-7 [(c)] The board administrator or the board administrator's
3-8 designee shall provide to members of the board[, to members of the
3-9 policy board,] and to employees, as often as necessary, information
3-10 regarding their qualification for office or employment under this
3-11 chapter and their responsibilities under applicable laws relating
3-12 to standards of conduct for state officers or employees.
3-13 (c) [(d)] The validity of an action of[:]
3-14 [(1)] the board or panel is not affected by the fact
3-15 that the action is taken when a ground for removal of a board
3-16 member exists[; and]
3-17 [(2) the policy board is not affected by the fact that
3-18 the action is taken when a ground for removal of a member of the
3-19 policy board exists].
3-20 (d) [(e)] If the general counsel to the board has knowledge
3-21 that a potential ground for removal exists, the general counsel
3-22 shall notify the presiding officer of the board of the potential
3-23 ground. The presiding officer shall notify the governor and the
3-24 attorney general that a potential ground for removal exists. If
3-25 the potential ground for removal involves the presiding officer,
3-26 the general counsel to the board shall notify the governor and the
3-27 attorney general that a potential ground for removal exists.
4-1 SECTION 4. Section 508.036, Government Code, is amended to
4-2 read as follows:
4-3 Sec. 508.036. [POLICY BOARD: COMPOSITION;] GENERAL
4-4 ADMINISTRATIVE DUTIES. (a) The [governor shall designate six
4-5 members of the board to serve as the Board of Pardons and Paroles
4-6 Policy Board. The governor shall designate the presiding officer
4-7 of the board as one of the six members of the policy board, and the
4-8 presiding officer of the board shall serve as presiding officer of
4-9 the policy board. Service on the policy board is an additional duty
4-10 of office for members appointed to the policy board.]
4-11 [(b) Members of the board designated as members of the
4-12 policy board serve on the policy board for six-year terms that are
4-13 concurrent with their six-year terms on the board, with the service
4-14 of two members expiring February 1 of each odd-numbered year.]
4-15 [(c) The policy] board shall:
4-16 (1) adopt rules relating to the decision-making
4-17 processes used by the board and parole panels;
4-18 (2) establish caseloads for members of the board and
4-19 parole commissioners [and assign duties to members of the policy
4-20 board that are in addition to the duties those members have in
4-21 handling a caseload];
4-22 (3) update parole guidelines, assign precedential
4-23 value to previous decisions of the board relating to the granting
4-24 of parole and the revocation of parole or mandatory supervision,
4-25 and develop policies to ensure that members of the board and parole
4-26 commissioners use guidelines and previous decisions of the board
4-27 and parole commissioners in making decisions under this chapter;
5-1 (4) require members of the board and parole
5-2 commissioners to file activity reports[, on forms provided by the
5-3 policy board,] that provide information on release decisions made
5-4 by members of the board and parole commissioners, the workload of
5-5 the members of the board and parole commissioners, and the use of
5-6 parole guidelines by members of the board and parole commissioners;
5-7 and
5-8 (5) report at least annually to the governor and the
5-9 legislature on board activities, parole release decisions, and the
5-10 use of parole guidelines by parole panels [the board].
5-11 (b) The board shall:
5-12 (1) develop and implement policies that clearly
5-13 separate the policy-making responsibilities of the board and the
5-14 management responsibilities of the board administrator and the
5-15 staff of the board;
5-16 (2) prepare information of public interest describing
5-17 the functions of the board and make the information available to
5-18 the public and appropriate state agencies;
5-19 (3) comply with federal and state laws related to
5-20 program and facility accessibility; and
5-21 (4) prepare annually a complete and detailed written
5-22 report that meets the reporting requirements applicable to
5-23 financial reporting provided in the General Appropriations Act and
5-24 accounts for all funds received and disbursed by the board during
5-25 the preceding fiscal year.
5-26 (c) The board administrator shall prepare and maintain a
5-27 written plan that describes how a person who does not speak English
6-1 can be provided reasonable access to the board's programs and
6-2 services.
6-3 (d) The board, in performing administrative duties, is
6-4 subject to the open meetings law, Chapter 551, and the
6-5 administrative procedure law, Chapter 2001. This subsection does
6-6 not affect the provisions of Section 2001.223 exempting hearings
6-7 and interviews conducted by the board or the division from Section
6-8 2001.038 and Subchapters C-H, Chapter 2001.
6-9 SECTION 5. Section 508.0362, Government Code, is amended to
6-10 read as follows:
6-11 Sec. 508.0362. TRAINING REQUIRED. (a) A person who is
6-12 appointed to and qualifies for office as a member of the board [or
6-13 the policy board] may not vote, deliberate, or be counted as a
6-14 member in attendance at a meeting of the board [or policy board]
6-15 until the person completes at least one course of a training
6-16 program that complies with this section.
6-17 (b) A training program must provide information to the
6-18 person regarding:
6-19 (1) the enabling legislation that created the board
6-20 [and the policy board];
6-21 (2) the programs operated by the board;
6-22 (3) the role and functions of the board;
6-23 (4) the rules of the board;
6-24 (5) the current budget for the board;
6-25 (6) the results of the most recent formal audit of the
6-26 board;
6-27 (7) the requirements of the:
7-1 (A) open meetings law, Chapter 551;
7-2 (B) open records law, Chapter 552; and
7-3 (C) administrative procedure law, Chapter 2001;
7-4 (8) the requirements of the conflict of interest laws
7-5 and other laws relating to public officials; and
7-6 (9) any applicable ethics policies adopted by the
7-7 [policy] board or the Texas Ethics Commission.
7-8 (c) A person appointed to the board [or policy board] is
7-9 entitled to reimbursement, as provided by the General
7-10 Appropriations Act, for the travel expenses incurred in attending
7-11 the training program regardless of whether the attendance at the
7-12 program occurs before or after the person qualifies for office.
7-13 SECTION 6. Section 508.040(a), Government Code, is amended
7-14 to read as follows:
7-15 (a) The [policy] board shall employ and supervise:
7-16 (1) a general counsel to the board;
7-17 (2) a board administrator to manage the day-to-day
7-18 activities of the board;
7-19 (3) 18 parole commissioners;
7-20 (4) hearing officers;
7-21 (5) [(4)] personnel to assist in clemency matters; and
7-22 (6) [(5)] secretarial or clerical personnel.
7-23 SECTION 7. Section 508.041, Government Code, is amended to
7-24 read as follows:
7-25 Sec. 508.041. DESIGNEE TRAINING; HANDBOOK. (a) The
7-26 [policy] board shall develop and implement:
7-27 (1) a training program that each newly hired employee
8-1 of the board designated to conduct hearings under Section 508.281
8-2 must complete before conducting a hearing without the assistance of
8-3 a board member or experienced parole commissioner or designee; and
8-4 (2) a training program to provide an annual update to
8-5 designees of the board on issues and procedures relating to the
8-6 revocation process.
8-7 (b) The [policy] board shall prepare and biennially update a
8-8 procedural manual to be used by designees of the board. The
8-9 [policy] board shall include in the manual:
8-10 (1) descriptions of decisions in previous hearings
8-11 determined by the [policy] board to have value as precedents for
8-12 decisions in subsequent hearings;
8-13 (2) laws and court decisions relevant to decision
8-14 making in hearings; and
8-15 (3) case studies useful in decision making in
8-16 hearings.
8-17 (c) The [policy] board shall prepare and update as necessary
8-18 a handbook to be made available to participants in hearings under
8-19 Section 508.281, such as defense attorneys, persons released on
8-20 parole or mandatory supervision, and witnesses. The handbook must
8-21 describe in plain language the procedures used in a hearing under
8-22 Section 508.281.
8-23 SECTION 8. Section 508.042, Government Code, is amended to
8-24 read as follows:
8-25 Sec. 508.042. TRAINING PROGRAM FOR MEMBERS AND PAROLE
8-26 COMMISSIONERS. (a) The [policy] board shall develop for board
8-27 members and parole commissioners a comprehensive training and
9-1 education program on the criminal justice system, with special
9-2 emphasis on the parole process.
9-3 (b) A new member may not participate in a vote of the board
9-4 or a panel, deliberate, or be counted as a member in attendance at
9-5 a meeting of the board [or policy board] until the member completes
9-6 the program. A new parole commissioner may not participate in a
9-7 vote of a panel until the member completes the program.
9-8 SECTION 9. Section 508.044, Government Code, is amended to
9-9 read as follows:
9-10 Sec. 508.044. RELEASE AND REVOCATION DUTIES [POWERS AND
9-11 DUTIES OF BOARD]. (a) A board member shall give full time to the
9-12 duties of the member's office.
9-13 (b) In addition to performing the duties imposed on the
9-14 board by the Texas Constitution, board members shall determine, for
9-15 those inmates for whom parole eligibility is established by Section
9-16 508.145(b), (c), or (d):
9-17 (1) which inmates are to be released on parole;
9-18 (2) conditions of parole or mandatory supervision;
9-19 (3) which releasees may be released from supervision
9-20 and reporting; and
9-21 (4) the revocation of parole or mandatory supervision.
9-22 (c) Parole commissioners shall determine, for those inmates
9-23 for whom parole eligibility is established by Section 508.145(e) or
9-24 (f):
9-25 (1) which inmates are to be released on parole;
9-26 (2) conditions of parole or mandatory supervision;
9-27 (3) which releasees may be released from supervision
10-1 and reporting; and
10-2 (4) the revocation of parole or mandatory supervision.
10-3 (d) The [policy] board shall develop and implement a policy
10-4 that clearly defines circumstances under which a board member or
10-5 parole commissioner should disqualify himself or herself from
10-6 voting on:
10-7 (1) a parole decision; or
10-8 (2) a decision to revoke parole or mandatory
10-9 supervision.
10-10 (e) [(d)] The [policy] board may adopt reasonable rules as
10-11 the [policy] board considers proper or necessary relating to:
10-12 (1) the eligibility of an inmate for release on parole
10-13 or release to mandatory supervision;
10-14 (2) the conduct of a parole or mandatory supervision
10-15 hearing; or
10-16 (3) conditions to be imposed on a releasee.
10-17 (f) [(e)] The [policy] board may provide a written plan for
10-18 the administrative review of actions taken by a parole panel by the
10-19 entire membership or by a subset of the entire membership of the
10-20 board.
10-21 SECTION 10. Section 508.045, Government Code, is amended to
10-22 read as follows:
10-23 Sec. 508.045. PAROLE PANELS. (a) Except as provided by
10-24 Section 508.046, board members shall act in panels composed of
10-25 three members [persons] each. Parole commissioners shall act in
10-26 panels composed of three commissioners each. Parole panels,
10-27 whether composed of board members or parole commissioners, act in
11-1 matters of:
11-2 (1) release on parole;
11-3 (2) release to mandatory supervision; and
11-4 (3) revocation of parole or mandatory supervision.
11-5 (b) The presiding officer of the board shall designate the
11-6 composition of each panel, whether composed of board members or
11-7 parole commissioners.
11-8 (c) A parole panel may:
11-9 (1) grant, deny, or revoke parole;
11-10 (2) revoke mandatory supervision; and
11-11 (3) conduct parole revocation hearings and mandatory
11-12 supervision revocation hearings.
11-13 SECTION 11. Section 508.047(a), Government Code, is amended
11-14 to read as follows:
11-15 (a) The members of the [policy] board shall meet at least
11-16 once in each quarter of the calendar year at a site determined by
11-17 the presiding officer.
11-18 SECTION 12. Section 508.049, Government Code, is amended to
11-19 read as follows:
11-20 Sec. 508.049. MISSION STATEMENT. (a) The [policy] board,
11-21 after consultation with the governor and the Texas Board of
11-22 Criminal Justice, shall adopt a mission statement that reflects the
11-23 responsibilities for the operation of the parole process that are
11-24 assigned to the [policy board, the] board, the division, the
11-25 department, or the Texas Board of Criminal Justice.
11-26 (b) The [policy] board shall include in the mission
11-27 statement a description of specific locations at which the board
12-1 intends to conduct business related to the operation of the parole
12-2 process.
12-3 SECTION 13. Section 508.082, Government Code, is amended to
12-4 read as follows:
12-5 Sec. 508.082. RULES. The [policy] board shall adopt rules
12-6 relating to:
12-7 (1) the submission and presentation of information and
12-8 arguments to the board, a parole panel, and the department for and
12-9 in behalf of an inmate; and
12-10 (2) the time, place, and manner of contact between a
12-11 person representing an inmate and:
12-12 (A) a member of the board;
12-13 (B) an employee of the board; or
12-14 (C) an employee of the department.
12-15 SECTION 14. Section 508.115(a), Government Code, is amended
12-16 to read as follows:
12-17 (a) Not later than the 11th day before the date a parole
12-18 panel [the board] orders the release on parole of an inmate or not
12-19 later than the 11th day after the date the board recommends that
12-20 the governor grant executive clemency, the division shall notify
12-21 the sheriffs, each chief of police, the prosecuting attorneys, and
12-22 the district judges in the county in which the inmate was convicted
12-23 and the county to which the inmate is released that a parole panel
12-24 [the board] is considering release on parole or the governor is
12-25 considering clemency.
12-26 SECTION 15. Section 508.144(b), Government Code, is amended
12-27 to read as follows:
13-1 (b) If a board member or parole commissioner deviates from
13-2 the parole guidelines in voting on a parole decision, the member or
13-3 commissioner shall:
13-4 (1) produce a brief written statement describing the
13-5 circumstances regarding the departure from the guidelines; and
13-6 (2) place a copy of the statement in the file of the
13-7 inmate for whom the parole decision was made.
13-8 SECTION 16. Section 508.153(b), Government Code, is amended
13-9 to read as follows:
13-10 (b) If more than one person is entitled to appear in person
13-11 before the board members or parole commissioners, only the person
13-12 chosen by all persons entitled to appear as the persons' sole
13-13 representative may appear [before the board members].
13-14 SECTION 17. Section 508.281(a), Government Code, is amended
13-15 to read as follows:
13-16 (a) A releasee, a person released although ineligible for
13-17 release, or a person granted a conditional pardon is entitled to a
13-18 hearing before a parole panel or a designated agent of the board
13-19 under the rules adopted by the [policy] board and within a period
13-20 that permits a parole panel, a designee of the board, or the
13-21 department to dispose of the charges within the periods established
13-22 by Sections 508.282(a) and (b) if the releasee or person:
13-23 (1) is accused of a violation of the releasee's parole
13-24 or mandatory supervision or the person's conditional pardon, on
13-25 information and complaint by a peace officer or parole officer; or
13-26 (2) is arrested after an ineligible release.
13-27 SECTION 18. Section 508.283(a), Government Code, is amended
14-1 to read as follows:
14-2 (a) After a parole panel or designated agent of the board
14-3 has held a hearing under Section 508.281, [the board may,] in any
14-4 manner warranted by the evidence:
14-5 (1) the board may recommend to the governor to
14-6 continue, revoke, or modify the conditional pardon; and [or]
14-7 (2) a parole panel may continue, revoke, or modify the
14-8 parole or mandatory supervision.
14-9 SECTION 19. Section 508.313(c), Government Code, is amended
14-10 to read as follows:
14-11 (c) The department may provide information that is
14-12 confidential and privileged under Subsection (a) to:
14-13 (1) the governor;
14-14 (2) a member of the board or a parole commissioner;
14-15 (3) the Criminal Justice Policy Council in performing
14-16 duties of the council under Section 413.017 [413.021]; or
14-17 (4) an eligible entity requesting information for a
14-18 law enforcement, prosecutorial, correctional, clemency, or
14-19 treatment purpose.
14-20 SECTION 20. Section 508.322(c), Government Code, is amended
14-21 to read as follows:
14-22 (c) When a parole panel [the board] orders the payment of
14-23 restitution from a releasee as provided by Article 42.037(h), Code
14-24 of Criminal Procedure, the department shall:
14-25 (1) collect the payment for disbursement to the
14-26 victim;
14-27 (2) deposit the payment in the releasee restitution
15-1 fund; and
15-2 (3) transmit the payment to the victim as soon as
15-3 practicable.
15-4 SECTION 21. Section 492.0131, Government Code, is amended to
15-5 read as follows:
15-6 Sec. 492.0131. PAROLE RULES, POLICIES, PROCEDURES. The
15-7 board and the Board of Pardons and Paroles [Policy Board] shall
15-8 jointly review all rules, policies, and procedures of the
15-9 department and the Board of Pardons and Paroles that relate to or
15-10 affect the operation of the parole process. The board and the
15-11 Board of Pardons and Paroles [policy board] shall identify areas of
15-12 inconsistency between the department and the Board of Pardons and
15-13 Paroles and shall amend rules or change policies and procedures as
15-14 necessary for consistent operation of the parole process.
15-15 SECTION 22. Article 42.037(h), Code of Criminal Procedure,
15-16 is amended to read as follows:
15-17 (h) If a defendant is placed on community supervision
15-18 [probation] or is paroled or released on mandatory supervision
15-19 [under this chapter], the court or the parole panel [Board of
15-20 Pardons and Paroles] shall order the payment of restitution ordered
15-21 under this article as a condition of community supervision
15-22 [probation], parole, or mandatory supervision. The court may
15-23 revoke community supervision [probation] and the parole panel
15-24 [Board of Pardons and Paroles] may revoke parole or mandatory
15-25 supervision if the defendant fails to comply with the order. In
15-26 determining whether to revoke community supervision [probation],
15-27 parole, or mandatory supervision, the court or parole panel [board]
16-1 shall consider:
16-2 (1) the defendant's employment status;
16-3 (2) the defendant's earning ability;
16-4 (3) the defendant's financial resources;
16-5 (4) the willfulness of the defendant's failure to pay;
16-6 and
16-7 (5) any other special circumstances that may affect
16-8 the defendant's ability to pay.
16-9 SECTION 23. Section 508.0361, Government Code, is repealed.
16-10 SECTION 24. (a) The governor shall appoint new members to
16-11 the Board of Pardons and Paroles on or before January 1, 2002, and
16-12 the terms of members serving on December 31, 2001, expire on the
16-13 appointment of the new members. The governor may appoint but is
16-14 not required to appoint as new members persons who served on the
16-15 board before January 1, 2002.
16-16 (b) Of the new members of the board, the governor shall
16-17 appoint two to serve terms expiring February 1, 2003, two to serve
16-18 terms expiring February 1, 2005, and two to serve terms expiring
16-19 February 1, 2007. On the expiration of the terms of the initial
16-20 members of the new board, the term of a member appointed by the
16-21 governor is six years.
16-22 (c) On January 1, 2002, a rule of the Board of Pardons and
16-23 Paroles Policy Board is a rule of the Board of Pardons and Paroles.
16-24 SECTION 25. This Act takes effect January 1, 2002.