1-1 By: Gallego, Hinojosa, Menendez H.B. No. 1649
1-2 (Senate Sponsor - Staples)
1-3 (In the Senate - Received from the House May 9, 2001;
1-4 May 10, 2001, read first time and referred to Committee on Criminal
1-5 Justice; May 11, 2001, reported favorably by the following vote:
1-6 Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the organization and duties of the Board of Pardons and
1-10 Paroles and the consequences of the revocation of parole or
1-11 mandatory supervision.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 508.034, Government Code, is amended by
1-14 adding Subsection (f) to read as follows:
1-15 (f) It is a ground for removal from the board that a member
1-16 fails to comply with policies or rules adopted by the policy board.
1-17 SECTION 2. Section 508.035, Government Code, is amended by
1-18 adding Subsection (c) to read as follows:
1-19 (c) The presiding officer reports directly to the governor
1-20 and serves as the administrative head of the policy board and the
1-21 board.
1-22 SECTION 3. Section 508.036(c), Government Code, is amended
1-23 to read as follows:
1-24 (c) The policy board shall:
1-25 (1) adopt rules relating to the decision-making
1-26 processes used by the board and parole panels;
1-27 (2) establish caseloads and required work hours for
1-28 members of the board and assign duties to members of the policy
1-29 board that are in addition to the duties those members have in
1-30 handling a caseload;
1-31 (3) update parole guidelines, assign precedential
1-32 value to previous decisions of the board relating to the granting
1-33 of parole and the revocation of parole or mandatory supervision,
1-34 and develop policies to ensure that members of the board use
1-35 guidelines and previous decisions of the board in making decisions
1-36 under this chapter;
1-37 (4) require members of the board to file activity
1-38 reports, on forms provided by the policy board, that provide
1-39 information on release decisions made by members of the board, the
1-40 workload and hours worked of the members of the board, and the use
1-41 of parole guidelines by members of the board; and
1-42 (5) report at least annually to the governor and the
1-43 legislature on board activities, parole release decisions, and the
1-44 use of parole guidelines by the board.
1-45 SECTION 4. Section 508.044, Government Code, is amended by
1-46 amending Subsection (b) and adding Subsection (f) to read as
1-47 follows:
1-48 (b) In addition to performing the duties imposed on the
1-49 board by the Texas Constitution and other law, board members shall
1-50 determine:
1-51 (1) which inmates are to be released on parole or
1-52 mandatory supervision;
1-53 (2) conditions of parole or mandatory supervision,
1-54 including special conditions;
1-55 (3) the modification and withdrawal of conditions of
1-56 parole or mandatory supervision;
1-57 (4) which releasees may be released from supervision
1-58 and reporting; and
1-59 (5) [(4)] the continuation, modification, and
1-60 revocation of parole or mandatory supervision.
1-61 (f) Board members shall, at the direction of the presiding
1-62 officer, file activity reports on duties performed under this
1-63 chapter.
1-64 SECTION 5. Section 508.115(a), Government Code, is amended
2-1 to read as follows:
2-2 (a) Not later than the 11th day before the date a parole
2-3 panel [the board] orders the release on parole of an inmate or not
2-4 later than the 11th day after the date the board recommends that
2-5 the governor grant executive clemency, the division shall notify
2-6 the sheriffs, each chief of police, the prosecuting attorneys, and
2-7 the district judges in the county in which the inmate was convicted
2-8 and the county to which the inmate is released that a parole panel
2-9 [the board] is considering release on parole or the governor is
2-10 considering clemency.
2-11 SECTION 6. Section 508.153(a), Government Code, is amended
2-12 to read as follows:
2-13 (a) A parole panel considering for release on parole or
2-14 mandatory supervision an inmate who is serving a sentence for an
2-15 offense in which a person was a victim shall allow:
2-16 (1) the victim, a guardian of the victim, a close
2-17 relative of the deceased victim, or a representative of the victim,
2-18 the victim's guardian, or the victim's close relative to provide a
2-19 written statement to the panel; and
2-20 (2) the victim, guardian of the victim, or close
2-21 relative of the deceased victim to appear in person before the
2-22 board members to present a statement of the person's views about:
2-23 (A) the offense;
2-24 (B) the inmate; and
2-25 (C) the effect of the offense on the victim.
2-26 SECTION 7. Section 508.283, Government Code, is amended to
2-27 read as follows:
2-28 Sec. 508.283. SANCTIONS. (a) After a parole panel or
2-29 designated agent of the board has held a hearing under Section
2-30 508.281, [the board may,] in any manner warranted by the evidence:
2-31 (1) the board may recommend to the governor to
2-32 continue, revoke, or modify the conditional pardon; and [or]
2-33 (2) a parole panel may continue, revoke, or modify the
2-34 parole or mandatory supervision.
2-35 (b) If the [a person's] parole, mandatory supervision, or
2-36 conditional pardon of a person described by Section 508.149(a) is
2-37 revoked, the person may be required to serve the remaining portion
2-38 of the sentence on which the person was released. The remaining
2-39 portion is computed without credit for the time from the date of
2-40 the person's release to the date of revocation.
2-41 (c) If the parole, mandatory supervision, or conditional
2-42 pardon of a person other than a person described by Section
2-43 508.149(a) is revoked, the person may be required to serve the
2-44 remaining portion of the sentence on which the person was released.
2-45 For a person who on the date of issuance of a warrant or summons
2-46 initiating the revocation process is subject to a sentence the
2-47 remaining portion of which is greater than the amount of time from
2-48 the date of the person's release to the date of issuance of the
2-49 warrant or summons, the remaining portion is to be served without
2-50 credit for the time from the date of the person's release to the
2-51 date of revocation. For a person who on the date of issuance of
2-52 the warrant or summons is subject to a sentence the remaining
2-53 portion of which is less than the amount of time from the date of
2-54 the person's release to the date of issuance of the warrant or
2-55 summons, the remaining portion is to be served without credit for
2-56 an amount of time equal to the remaining portion of the sentence on
2-57 the date of issuance of the warrant or citation.
2-58 (d) If a warrant is issued charging a violation of a release
2-59 condition or a summons is issued for a hearing under Section
2-60 508.281, the sentence time credit may be suspended until a
2-61 determination is made in the case. The suspended time credit may
2-62 be reinstated if the parole, mandatory supervision, or conditional
2-63 pardon is continued.
2-64 SECTION 8. Section 508.313(c), Government Code, is amended
2-65 to read as follows:
2-66 (c) The department may provide information that is
2-67 confidential and privileged under Subsection (a) to:
2-68 (1) the governor;
2-69 (2) a member of the board;
3-1 (3) the Criminal Justice Policy Council in performing
3-2 duties of the council under Section 413.017 [413.021]; or
3-3 (4) an eligible entity requesting information for a
3-4 law enforcement, prosecutorial, correctional, clemency, or
3-5 treatment purpose.
3-6 SECTION 9. Section 508.322(c), Government Code, is amended
3-7 to read as follows:
3-8 (c) When a parole panel [the board] orders the payment of
3-9 restitution from a releasee as provided by Article 42.037(h), Code
3-10 of Criminal Procedure, the department shall:
3-11 (1) collect the payment for disbursement to the
3-12 victim;
3-13 (2) deposit the payment in the releasee restitution
3-14 fund; and
3-15 (3) transmit the payment to the victim as soon as
3-16 practicable.
3-17 SECTION 10. Article 42.037(h), Code of Criminal Procedure,
3-18 is amended to read as follows:
3-19 (h) If a defendant is placed on community supervision
3-20 [probation] or is paroled or released on mandatory supervision
3-21 [under this chapter], the court or the parole panel [Board of
3-22 Pardons and Paroles] shall order the payment of restitution ordered
3-23 under this article as a condition of community supervision
3-24 [probation], parole, or mandatory supervision. The court may
3-25 revoke community supervision [probation] and the parole panel
3-26 [Board of Pardons and Paroles] may revoke parole or mandatory
3-27 supervision if the defendant fails to comply with the order. In
3-28 determining whether to revoke community supervision [probation],
3-29 parole, or mandatory supervision, the court or parole panel [board]
3-30 shall consider:
3-31 (1) the defendant's employment status;
3-32 (2) the defendant's earning ability;
3-33 (3) the defendant's financial resources;
3-34 (4) the willfulness of the defendant's failure to pay;
3-35 and
3-36 (5) any other special circumstances that may affect
3-37 the defendant's ability to pay.
3-38 SECTION 11. The change in law made by this Act to Section
3-39 508.283, Government Code, applies to any revocation that occurs on
3-40 or after September 1, 2001.
3-41 SECTION 12. This Act takes effect September 1, 2001.
3-42 * * * * *