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A BILL TO BE ENTITLED
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AN ACT
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relating to the release on parole of certain inmates convicted of an |
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offense committed when younger than 18 years of age; changing |
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parole eligibility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.046, Government Code, is amended to |
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read as follows: |
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Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on |
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parole an inmate who is serving a sentence for [was convicted of] an |
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offense under Section 20A.03, 21.02, 21.11(a)(1), or 22.021, Penal |
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Code, or who is serving a sentence under Section 12.42(c)(2), Penal |
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Code [required under Section 508.145(c) to serve 35 calendar years
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before becoming eligible for release on parole], all members of the |
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board must vote on the release on parole of the inmate, and at least |
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two-thirds of the members must vote in favor of the release on |
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parole. A member of the board may not vote on the release unless the |
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member first receives a copy of a written report from the department |
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on the probability that the inmate would commit an offense after |
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being released on parole. |
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SECTION 2. Subchapter E, Chapter 508, Government Code, is |
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amended by adding Section 508.1415 to read as follows: |
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Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR |
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YOUTHFUL OFFENDERS. (a) This section applies only to the |
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consideration for release on parole of an inmate who: |
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(1) is eligible for release on parole; and |
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(2) was younger than 18 years of age at the time the |
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offense for which the inmate is eligible for release on parole was |
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committed. |
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(b) In determining whether to release an inmate described by |
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Subsection (a) on parole, a parole panel shall assess the growth and |
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maturity of the inmate, taking into consideration: |
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(1) the diminished culpability of juveniles as |
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compared to that of adults; and |
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(2) the hallmark features of youth. |
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(c) In assessing an inmate's growth and maturity, a parole |
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panel shall consider the following information about the inmate: |
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(1) age at the time of the offense; |
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(2) developmental stage at the time of the offense; |
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(3) family and community environment; |
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(4) ability to appreciate the risks and consequences |
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of the conduct; |
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(5) intellectual capacity; |
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(6) if presented to the panel, the outcome of a |
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comprehensive mental health evaluation that: |
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(A) is conducted by an expert unaffiliated with |
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the board, such as a psychiatrist, psychologist, or psychiatric |
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mental health advanced practice registered nurse, who is qualified |
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by education and clinical training in adolescent mental health |
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issues; and |
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(B) may include: |
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(i) family interviews; |
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(ii) family history; |
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(iii) prenatal history; |
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(iv) developmental history; |
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(v) medical history; |
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(vi) history of treatment for substance |
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use; |
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(vii) social history; and |
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(viii) a psychological evaluation; |
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(7) peer or familial pressure; |
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(8) level of participation in the offense; |
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(9) inability to effectively communicate with defense |
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counsel or to participate meaningfully in the defense of the case; |
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(10) capacity for or demonstrations of |
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rehabilitation; |
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(11) school records and special education |
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evaluations; |
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(12) trauma history; |
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(13) faith and community involvement; |
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(14) involvement in the child welfare system; and |
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(15) any other mitigating factor or circumstance. |
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(d) The board may employ a psychiatrist, psychologist, or |
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psychiatric mental health advanced practice registered nurse who is |
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qualified by education and clinical training in adolescent mental |
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health issues to: |
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(1) conduct an evaluation described by Subsection |
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(c)(6), regardless of whether the evaluation is also conducted by |
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an expert unaffiliated with the board under that subdivision; or |
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(2) assist a parole panel in performing its other |
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duties under this section. |
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(e) The board shall adopt a policy establishing factors for |
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a parole panel to consider when reviewing for release on parole an |
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inmate to whom this section applies to ensure that the inmate is |
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provided a meaningful opportunity to obtain release. The policy |
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must allow persons having knowledge of the inmate before the inmate |
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committed the offense for which the inmate is eligible for parole or |
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having knowledge of the inmate's growth and maturity after the |
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offense was committed to submit statements regarding the inmate to |
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the parole panel, including: |
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(1) family members and friends of the inmate; |
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(2) school personnel; |
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(3) faith leaders; and |
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(4) representatives of community-based organizations. |
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(f) This section does not affect the rights granted under |
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this chapter or Article 56.02, Code of Criminal Procedure, to a |
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victim, guardian of a victim, or close relative of a deceased |
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victim. |
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SECTION 3. Section 508.145, Government Code, is amended by |
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adding Subsection (d-2) to read as follows: |
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(d-2)(1) This subsection applies only to an inmate who: |
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(A) is serving a sentence for: |
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(i) a capital or first degree felony |
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described by Article 42A.054(a), Code of Criminal Procedure; |
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(ii) an offense under Section 20A.03, |
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21.02, or 71.023, Penal Code; or |
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(iii) a first degree felony under Section |
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71.02, Penal Code; and |
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(B) was younger than 18 years of age at the time |
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the offense was committed. |
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(2) Notwithstanding any other subsection of this |
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section, an inmate described by Subdivision (1) is not eligible for |
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release on parole until the inmate's actual calendar time served, |
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without consideration of good conduct time, equals one-half of the |
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sentence or 20 calendar years, whichever is less, but in no event is |
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the inmate eligible for release on parole in less than two calendar |
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years. |
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SECTION 4. Sections 499.053(d) and 508.145(b), Government |
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Code, are repealed. |
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SECTION 5. The change in law made by this Act applies to any |
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inmate who is confined in a facility operated by or under contract |
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with the Texas Department of Criminal Justice on or after the |
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effective date of this Act, regardless of whether the offense for |
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which the inmate is confined occurred before, on, or after the |
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effective date of this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |