C.S.H.B. 1715 78(R)    BILL ANALYSIS


C.S.H.B. 1715
By: Hodge
Corrections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Board of Pardons and Paroles sets a date for parole
consideration within three years of a vote to deny parole, regardless of
the likelihood that an offender will be granted parole. The Board is also
limited to three sanctions it can impose upon a parolee who violates a
condition of release: returning to supervision, revocation, or spending up
to six months in a sanctions facility. Finally, the Board cannot terminate
supervision for parolees, despite clear indications that they no longer
pose a threat to public safety.  

C.S.H.B. 1715 aims to provide the Board with additional tools to continue
addressing public safety needs while responding to decreased budgets and
increased prison capacity projections.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

SECTION 1. Adds Subsection (g) to Section 508.141, Government Code as
follows: 
(g) Requires the policy board of the Board of Pardons and Paroles to adopt
a policy establishing the date on which the board may reconsider parole of
an inmate described by Section 508.149 of the Government Code.  Specifies
that the policy must require that at the time parole is denied, the board
must designate a month when the inmate can be reconsidered. Further
specifies that the designated month must begin after the first anniversary
of the date of denial and end before the fifth anniversary of the date of
denial. 

SECTION 2. Adds Section 508.1451 to Subchapter E, Chapter 508, Government
Code as follows: 
 Sec. 508.1451. RELEASE FOLLOWING REVOCATION. 
(a) Defines "technical violation" for this section as a violation of a
condition of release that does not involve an arrest, criminal charge or
conviction of an offense, other than a Class C misdemeanor.  
(b) Specifies that, except as provided in Subsection (d), a parole panel
shall establish a release date between 180 days and two years after the
date a releasee is returned to prison following revocation of parole or
mandatory supervision for a technical violation.  
(c) Specifies that an inmate released under this section is subject to the
same conditions of release as inmates released under Section 508.145,
Government Code. 
(d) Prohibits the release of inmates under this section who are serving a
sentence for an offense listed under 508.149(a) [violent offenders].  

SECTION 3. Amends Section 508.155, Government Code, as follows:
  Section 508.155 adds early termination procedures for parole and
mandatory supervision.  
(a) Specifies that, other than a releasee granted early termination of
supervision, a releasee must serve the entire parole period or a period of
mandatory supervision. 
(c) Allows the division to recommend to the parole panel a releasee for
early termination of supervision. Specifies that the releasee must have
been under supervision for five years or have served two-thirds of the
releasee's sentence before the releasee can be considered for early
termination. Requires the parole panel to review the recommendation and
allows the parole panel to order or deny early termination. 
(d) Specifies that a releasee granted early termination under Subsection
(c) has the same status as a releasee who completes a parole period or
period of mandatory supervision.   

SECTION 4. (a) Specifies that the policy board of the Board of Pardons and
Paroles shall adopt the reconsideration policy required by Section
508.141(g), Government Code, as added by this Act, not later than January
1, 2004. 
 (b) Specifies that Section 508.1451, Government Code, as added by this
Act, applies only to a releasee who is charged with violation of release
on or after the effective date of this Act. Continues the law in effect at
the time of a violation for releasees who are charged with a violation
before the effective date of this Act.  
 (c) Specifies that the change in law made by this Act to Section 508.155,
Government Code, applies to a releasee on parole or mandatory supervision
on or after the effective date of this Act, regardless of whether the
releasee was released before, on or after the effective date of this Act.  

SECTION 5. Effective date.

EFFECTIVE DATE

September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1715 removes provisions in the original bill to require the Board
to employ administrative officers, to determine the composition of certain
parole panels, to require the average time of imprisonment served to be a
factor in parole guidelines, to specify the use of summons instead of
warrants, and to repeal a requirement on county of origin. C.S.H.B. 1715
adds provisions to specify the date of a subsequent parole hearing and the
procedures for release following revocation.