BILL ANALYSIS

 

 

 

C.S.H.B. 2468

By: Davis, Sarah

Corrections

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties note the success of statistical models in analyzing and predicting rates of recidivism for purposes of granting parole, but call for a study to identify and eliminate any potential inefficiencies that exist in these assessments. C.S.H.B. 2468 seeks to address this issue by requiring the Board of Pardons and Paroles to study the methods currently employed in assessing recidivism risks for purposes of parole decisions.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

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

 

C.S.H.B. 2468 amends the Government Code to require the Board of Pardons and Paroles to conduct a study on the effectiveness of the assessment components of the parole guidelines  adopted by the board and used by the board and parole panels in determining which inmates should be released on parole. The bill requires the board in conducting the study to obtain information on inmates considered for parole during the period beginning January 1, 2015, and ending December 31, 2017, from the Texas Board of Criminal Justice, the Texas Department of Criminal Justice (TDCJ), and any other criminal justice agency with relevant information on the recidivism of inmates sentenced to the institutional division of TDCJ and releasees under the supervision of the pardons and paroles division. The bill authorizes the board in conducting the study to use information for a select group of inmates based on an acceptable research methodology. The bill requires the board, in evaluating the effectiveness of the assessments, to compare and analyze the recidivism rates and parole guideline score of the inmates used in the study and requires the board to determine for each category or score within the parole guidelines the number of inmates released on parole who are convicted of a misdemeanor offense following release on parole, the number of inmates released on parole who are convicted of a felony offense following release on parole, and the number of inmates released on parole who have parole revoked for a reason other than a new conviction. The bill requires the board, not later than January 1, 2019, to submit a report on the results of the study to the governor, the lieutenant governor, and each member of the legislature and requires the report to include any recommendations the board considers necessary to improve the parole decision-making process. The bill's provisions expire August 31, 2019.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2468 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Subchapter E, Chapter 508, Government Code, is amended by adding Section 508.1446 to read as follows:

Sec. 508.1446.  STUDY ON ASSESSMENTS USED DURING PAROLE DECISIONS.  (a)  The board shall conduct a study on the effectiveness of the assessments used by the board and parole panels in determining, for purposes of making parole decisions under this chapter, an inmate's risk of recidivism.

 

(b)  In conducting the study, the board shall, at a minimum, use information for inmates considered for parole during the period beginning January 1, 2015, and ending December 31, 2017.

 

 

 

 

 

 

 

 

 

 

(c)  In evaluating the effectiveness of the assessments, the board shall analyze the number and percentage of inmates released on parole who:

 

 

 

 

(1)  are convicted of a misdemeanor offense following release on parole;

 

(2)  are convicted of a felony offense following release on parole; or

 

(3)  have parole revoked for a reason other than a new conviction.

(d)  Not later than January 1, 2019, the board shall submit a report on the results of the study to the governor, the lieutenant governor, and each member of the legislature.  The report must include any recommendations the board considers necessary to improve the parole decision-making process, including any changes to the assessments used or the parole guidelines or recommended parole approval rates described by Section 508.144.

(e)  This section expires August 31, 2019.

SECTION 1.  Subchapter E, Chapter 508, Government Code, is amended by adding Section 508.1446 to read as follows:

Sec. 508.1446.  STUDY ON ASSESSMENTS USED DURING PAROLE DECISIONS.  (a)  The board shall conduct a study on the effectiveness of the assessment components of the parole guidelines adopted under Section 508.144 and used by the board and parole panels in determining which inmates should be released on parole.

(b)  In conducting the study, the board:

(1)  shall obtain information on inmates considered for parole during the period beginning January 1, 2015, and ending December 31, 2017, from the Texas Board of Criminal Justice, the department, and any other criminal justice agency with relevant information on the recidivism of:

(A)  inmates sentenced to the institutional division; and

(B)  releasees under the supervision of the division; and

(2)  may use information for a select group of inmates based on an acceptable research methodology.

(c)  In evaluating the effectiveness of the assessments, the board shall compare and analyze the recidivism rates and parole guideline score of the inmates used in the study.  The board shall determine for each category or score within the parole guidelines:

(1)  the number of inmates released on parole who are convicted of a misdemeanor offense following release on parole;

(2)  the number of inmates released on parole who are convicted of a felony offense following release on parole; and

(3)  the number of inmates released on parole who have had parole revoked for a reason other than a new conviction.

(d)  Not later than January 1, 2019, the board shall submit a report on the results of the study to the governor, the lieutenant governor, and each member of the legislature.  The report must include any recommendations the board considers necessary to improve the parole decision-making process, including any changes to the assessments used or to the parole guidelines or recommended parole approval rates described by Section 508.144.

(e)  This section expires August 31, 2019.

SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.

SECTION 2. Same as introduced version.