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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of, departure from, and modification |
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of certain parole guidelines and recommended parole approval rates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.144, Government Code, is amended by |
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adding Subsections (a-1) and (g) and amending Subsections (b) and |
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(e) to read as follows: |
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(a-1) The parole guidelines adopted under Subsection (a) |
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must include criteria that are specifically ascertainable in |
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relation to an individual inmate for whom a parole decision is made. |
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(b) If a board member or parole commissioner deviates from |
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the parole guidelines in voting on a parole decision, the member or |
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parole commissioner shall: |
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(1) produce a written statement describing in detail: |
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(A) the specific circumstances regarding the |
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departure from the guidelines, including any parole guideline |
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described by Subsection (a-1); and |
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(B) any specific actions or steps an inmate who |
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is denied release must take before the inmate is reconsidered in |
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accordance with Section 508.141(g) to have the greatest likelihood |
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of being released on parole on reconsideration; |
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(2) place a copy of the statement in the file of the |
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inmate for whom the parole decision was made; and |
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(3) provide a copy of the statement to the inmate. |
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(e) Based on the board's review of the parole guidelines |
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under Subsection (d), the board may: |
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(1) update the guidelines by: |
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(A) including new risk factors; or |
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(B) changing the values of offense severity or |
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risk factor scores; or |
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(2) subject to Subsection (g), modify the recommended |
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parole approval rates under the guidelines, if parole approval |
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rates differ significantly from the recommended rates. |
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(g) The board may lower a recommended parole approval rate |
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under Subsection (e)(2) only if the current recommended parole |
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approval rate threatens the public safety. |
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SECTION 2. (a) The Board of Pardons and Paroles shall |
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establish the parole guidelines described by Section 508.144(a-1), |
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Government Code, as added by this Act, not later than January 1, |
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2010. |
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(b) Section 508.144(b), Government Code, as amended by this |
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Act, applies only to a parole decision made on or after the |
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effective date of this Act. A parole decision made before the |
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effective date of this Act is covered by the law in effect on the |
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date the decision was made, and the former law is continued in |
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effect for that purpose. |
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(c) Section 508.144(g), Government Code, as added by this |
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Act, applies only to the modification of a recommended parole |
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approval rate that occurs on or after the effective date of this |
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Act. The modification of a parole approval rate that occurs before |
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the effective date of this Act is covered by the law in effect when |
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the modification occurred, and the former law continues in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |