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SECTION 2. Section 508.046,
Government Code, is amended to read as follows:
Sec. 508.046. EXTRAORDINARY
VOTE REQUIRED. To release on parole an inmate who was convicted of an offense under Section 20A.03, 21.02,
21.11(a)(1), or 22.021, Penal Code, or who is serving a sentence under
Section 12.42(c)(2), Penal Code [required under Section 508.145(c)
to serve 35 calendar years before becoming eligible for release on parole],
all members of the board must vote on the release on parole of the inmate,
and at least two-thirds of the members must vote in favor of the release on
parole. A member of the board may not vote on the release unless the member
first receives a copy of a written report from the department on the
probability that the inmate would commit an offense after being released on
parole.
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SECTION 1. Section 508.046,
Government Code, is amended to read as follows:
Sec. 508.046. EXTRAORDINARY
VOTE REQUIRED. To release on parole an inmate who is serving a sentence for [was convicted of] an offense
under Section 20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is serving
a sentence under Section 12.42(c)(2), Penal Code [required under
Section 508.145(c) to serve 35 calendar years before becoming eligible for
release on parole], all members of the board must vote on the release
on parole of the inmate, and at least two-thirds of the members must vote
in favor of the release on parole. A member of the board may not vote on
the release unless the member first receives a copy of a written report
from the department on the probability that the inmate would commit an
offense after being released on parole.
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SECTION 3. Subchapter E,
Chapter 508, Government Code, is amended by adding Section 508.1415 to read
as follows:
Sec. 508.1415. ADDITIONAL
PAROLE CONSIDERATIONS FOR YOUTHFUL OFFENDERS. (a) This section applies
only to the consideration for release on parole of an inmate who:
(1) is eligible for
release on parole; and
(2) was younger than 18
years of age at the time the offense for which the inmate is eligible for
release on parole was committed.
(b) In determining
whether to release an inmate described by Subsection (a) on parole, a
parole panel shall assess the growth and maturity of the inmate, taking
into consideration:
(1) the diminished
culpability of juveniles as compared to that of adults; and
(2) the hallmark features
of youth.
(c) In assessing an
inmate's growth and maturity, a parole panel shall consider the following
information about the inmate:
(1) age at the time of
the offense;
(2) developmental stage
at the time of the offense;
(3) family and community
environment;
(4) ability to appreciate
the risks and consequences of the conduct;
(5) intellectual
capacity;
(6) if presented to the
panel, the outcome of a comprehensive mental health evaluation that is
conducted by a disinterested
expert unaffiliated with the board, such as a psychiatrist or psychologist,
who is qualified by education and clinical training in adolescent mental
health issues and that includes:
(A) family interviews;
(B) family history;
(C) prenatal history;
(D) developmental
history;
(E) medical history;
(F) history of treatment
for substance use;
(G) social history; and
(H) a psychological
evaluation;
(7) peer or familial
pressure;
(8) level of
participation in the offense;
(9) inability to
effectively communicate with defense counsel or to participate meaningfully
in the defense of the case;
(10) capacity for rehabilitation;
(11) school records and
special education evaluations;
(12) trauma history;
(13) faith and community
involvement;
(14) involvement in the
child welfare system; and
(15) any other mitigating
factor or circumstance.
(d) The board may employ
a psychiatrist or psychologist who is qualified by education and clinical
training to:
(1) conduct an evaluation
described by Subsection (c)(6), regardless of whether the evaluation is
also conducted by a disinterested
expert under that subdivision; or
(2) assist a parole panel
in performing its other duties under this section.
(e) The board shall adopt
a policy to ensure that an inmate to whom this section applies is provided
a meaningful opportunity to obtain release on parole. The policy must allow
the following persons having
knowledge of the inmate before the inmate committed the offense for which
the inmate is eligible for parole or having knowledge of the inmate's
growth and maturity after the offense was committed to submit statements
regarding the inmate to the parole panel:
(1) family members and
friends of the inmate;
(2) school personnel;
(3) faith leaders; and
(4) representatives of
community-based organizations.
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SECTION 2. Subchapter E,
Chapter 508, Government Code, is amended by adding Section 508.1415 to read
as follows:
Sec. 508.1415. ADDITIONAL
PAROLE CONSIDERATIONS FOR YOUTHFUL OFFENDERS. (a) This section applies
only to the consideration for release on parole of an inmate who:
(1) is eligible for
release on parole; and
(2) was younger than 18
years of age at the time the offense for which the inmate is eligible for
release on parole was committed.
(b) In determining
whether to release an inmate described by Subsection (a) on parole, a
parole panel shall assess the growth and maturity of the inmate, taking
into consideration:
(1) the diminished
culpability of juveniles as compared to that of adults; and
(2) the hallmark features
of youth.
(c) In assessing an
inmate's growth and maturity, a parole panel shall consider the following
information about the inmate:
(1) age at the time of
the offense;
(2) developmental stage
at the time of the offense;
(3) family and community
environment;
(4) ability to appreciate
the risks and consequences of the conduct;
(5) intellectual
capacity;
(6) if presented to the
panel, the outcome of a comprehensive mental health evaluation that is
conducted by an expert unaffiliated with the board, such as a psychiatrist,
psychologist, or psychiatric mental
health advanced practice registered nurse, who is qualified by
education and clinical training in adolescent mental health issues and that
may include:
(A) family interviews;
(B) family history;
(C) prenatal history;
(D) developmental
history;
(E) medical history;
(F) history of treatment
for substance use;
(G) social history; and
(H) a psychological
evaluation;
(7) peer or familial
pressure;
(8) level of
participation in the offense;
(9) inability to
effectively communicate with defense counsel or to participate meaningfully
in the defense of the case;
(10) capacity for or demonstrations of rehabilitation;
(11) school records and
special education evaluations;
(12) trauma history;
(13) faith and community
involvement;
(14) involvement in the
child welfare system; and
(15) any other mitigating
factor or circumstance.
(d) The board may employ
a psychiatrist, psychologist, or psychiatric
mental health advanced practice registered nurse who is qualified by
education and clinical training in
adolescent mental health issues to:
(1) conduct an evaluation
described by Subsection (c)(6), regardless of whether the evaluation is
also conducted by an expert unaffiliated
with the board under that subdivision; or
(2) assist a parole panel
in performing its other duties under this section.
(e) The board shall adopt
a policy establishing factors for a
parole panel to consider when reviewing for release on parole an
inmate to whom this section applies to ensure that the inmate is provided a
meaningful opportunity to obtain release. The policy must allow persons
having knowledge of the inmate before the inmate committed the offense for
which the inmate is eligible for parole or having knowledge of the inmate's
growth and maturity after the offense was committed to submit statements
regarding the inmate to the parole panel, including:
(1) family members and
friends of the inmate;
(2) school personnel;
(3) faith leaders; and
(4) representatives of
community-based organizations.
(f) This section does not affect the rights granted under this
chapter or Article 56.02, Code of Criminal Procedure, to a victim, guardian
of a victim, or close relative of a deceased victim.
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SECTION 4. Section 508.145,
Government Code, is amended by adding Subsection (d-2) to read as follows:
(d-2)(1) This subsection
applies only to an inmate who:
(A) is serving a sentence
for:
(i) an offense described by Article
42A.054(a), Code of Criminal Procedure;
(ii) an offense for which the judgment contains an affirmative
finding under Article 42A.054(c) or (d), Code of Criminal Procedure;
(iii) an offense for which the punishment is increased under
Section 481.134, Health and Safety Code; or
(iv) an offense under
Section 20A.03, 21.02, 71.02, or 71.023, Penal Code; and
(B) was younger than 18
years of age at the time the offense was committed.
(2) Notwithstanding any
other subsection of this section, an inmate described by Subdivision (1) is
not eligible for release on parole until the inmate's actual calendar time
served, without consideration of good conduct time, equals one-half of the
sentence or 20 calendar years, whichever is less, but in no event is the
inmate eligible for release on parole in less than two calendar years.
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SECTION 3. Section 508.145,
Government Code, is amended by adding Subsection (d-2) to read as follows:
(d-2)(1) This subsection
applies only to an inmate who:
(A) is serving a sentence
for:
(i) a capital or first degree felony
described by Article 42A.054(a), Code of Criminal Procedure;
(ii) an offense under
Section 20A.03, 21.02, or 71.023, Penal Code; or
(iii) a first degree felony under Section 71.02, Penal Code; and
(B) was younger than 18
years of age at the time the offense was committed.
(2) Notwithstanding any
other subsection of this section, an inmate described by Subdivision (1) is
not eligible for release on parole until the inmate's actual calendar time
served, without consideration of good conduct time, equals one-half of the
sentence or 20 calendar years, whichever is less, but in no event is the
inmate eligible for release on parole in less than two calendar years.
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