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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain inmates for release to |
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mandatory supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.149, Government Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (e) to |
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read as follows: |
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(b)(1) This subsection applies to an inmate who: |
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(A) is serving a sentence for or has been |
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previously convicted of an offense listed in or described by |
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Subsection (a) but is nonetheless eligible for release on mandatory |
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supervision because the offense was committed before the offense |
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was listed in or described by Subsection (a); |
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(B) is serving a sentence for or has been |
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previously convicted of: |
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(i) a felony of the third degree or any |
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higher category of offense under Section 15.031, 19.04, 20.03, |
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20A.02, 21.12, 22.01, 22.05, 22.07, 25.08, or 25.11, Penal Code; or |
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(ii) a felony of the first or second degree |
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under Section 22.09, Penal Code; |
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(C) has been previously convicted at least two |
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times of a felony offense and served at least two terms of |
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imprisonment in a facility operated by or under contract with the |
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department; or |
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(D) has been the subject of major disciplinary |
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action within the 12-month period preceding the inmate's scheduled |
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release date as determined under Section 508.147, if the director |
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or director's designee, after consulting with the warden of the |
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unit to which the inmate is assigned, recommends review by a parole |
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panel under Subdivision (2). |
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(2) An inmate to whom this subsection applies may not |
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be released to mandatory supervision if a parole panel determines |
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that: |
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(A) [(1)] the inmate's accrued good conduct time |
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is not an accurate reflection of the inmate's potential for |
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rehabilitation; and |
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(B) [(2)] the inmate's release would endanger |
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the public. |
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(c) A parole panel that makes a determination under |
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Subsection (b)(2) [(b)] shall specify in writing the reasons for |
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the determination. |
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(d) A determination under Subsection (b)(2) [(b)] is not |
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subject to administrative or judicial review, except that the |
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parole panel making the determination shall reconsider the inmate |
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for release to mandatory supervision at least twice during the two |
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years after the date of the determination. |
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(e) An inmate not described by Subsection (a) or (b) is |
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entitled to release on the inmate's scheduled release date as |
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provided by Section 508.147. |
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SECTION 2. The change in law made by this Act applies to any |
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inmate serving a term of imprisonment in a facility operated by or |
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under contract with the Texas Department of Criminal Justice on or |
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after the effective date of this Act, regardless of when the inmate |
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was sentenced to serve that term. |
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SECTION 3. This Act takes effect September 1, 2011. |