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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. 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 was younger |
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than 18 years of age at the time the offense for which the inmate is |
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eligible for release on parole was 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; |
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(2) the hallmark features of youth; and |
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(3) the greater capacity of juveniles for change, as |
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compared to that of adults. |
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(c) 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: |
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(1) consider the age of the inmate at the time of the |
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commission of the offense as a mitigating factor in favor of |
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granting release on parole; |
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(2) permit persons having knowledge of the inmate |
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before the inmate committed the offense or having knowledge of the |
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inmate's growth and maturity after the offense was committed to |
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submit statements regarding the inmate for consideration by the |
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parole panel; and |
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(3) establish a mechanism for the outcome of a |
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comprehensive mental health evaluation conducted by an expert |
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qualified by education and clinical training in adolescent mental |
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health issues to be considered by the parole panel. |
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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 a comprehensive mental health evaluation, |
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regardless of whether the evaluation is also conducted by an expert |
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unaffiliated with the board; or |
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(2) assist a parole panel in performing the panel's |
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duties under this section. |
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(e) This section does not: |
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(1) affect the rights granted under this chapter or |
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Article 56A.051, Code of Criminal Procedure, to a victim, guardian |
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of a victim, or close relative of a deceased victim; or |
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(2) create a legal cause of action. |
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SECTION 2. 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 provision of this |
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section and except as provided by Subdivision (3), an inmate |
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described by Subdivision (1) is not eligible for release on parole |
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until the inmate's actual calendar time served, without |
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consideration of good conduct time, equals 20 calendar years or |
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one-half of the applicable time provided by this section, whichever |
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is less, but in no event is the inmate eligible for release on |
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parole in less than four calendar years unless the inmate would |
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otherwise be eligible for release on parole under another provision |
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of this section. |
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(3) An inmate described by Subdivision (1) who is |
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serving a sentence for a capital felony under Section 19.03(a)(7), |
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Penal Code, other than an inmate who was found guilty only as a |
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party under Section 7.02(b), Penal Code, 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 40 calendar |
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years. |
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SECTION 3. The following provisions of the Government Code |
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are repealed: |
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(1) Section 499.053(d); and |
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(2) Section 508.145(b). |
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SECTION 4. 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 5. 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, 2021. |