The provisions of the bill addressing parole eligibility are the subject of this analysis. The bill would amend the Government Code as it relates to the eligibility for release onto parole of certain youthful offenders convicted of certain offenses. Under the provisions of the bill, certain individuals younger than 17 years at the time of offense would be eligible for consideration for release onto parole supervision when the actual time served on a sentence equals one-half of the sentence or 30 years, whichever is less, with a minimum term of confinement of four years. Additionally, certain individuals serving a life sentence for a capital felony committed when younger than 18 years would be eligible for consideration for release onto parole supervision when the actual calendar time equals 30 years.
Under existing statute, most individuals serving a life sentence for a capital felony committed when younger than 18 years are eligible for parole consideration when the actual calendar time equals 40 years. Under existing statute, most individuals younger than 17 years at the time of offense with the offense requirements outlined in the bill are eligible for parole consideration when the actual time served on a sentence equals one-half of the sentence or 30 years, whichever is less, with a minimum term of confinement of two years. Decreasing the amount of time an individual must serve before becoming eligible for parole consideration is expected to result in reduced demands on the correctional resources of the State due to an opportunity for shorter terms of confinement within state correctional institutions. The bill would also increase the minimum term of confinement from two years to four years and increasing a minimum term of confinement is expected to result in increased demands on the correctional resources of the State.
As of August 31, 2020, 27 individuals serving a life sentence in a state correctional institution for a capital felony committed when younger than 18 years met the requirements outlined in the bill. As of August 31, 2020, 613 individuals incarcerated in a state correctional institution for an offense committed when younger than 17 years met the offense requirements outlined in the bill. Of those, 105 had served between two and four years. Removing those who had not yet served half of their sentence, those who had already been considered for parole release (either approved or set-off), and applying the fiscal year 2020 average parole approval rate of 38.8 percent would further reduce those potentially impacted by the bill's provisions. Implementing the provisions of the bill addressing parole release eligibility considerations would not result in a significant impact on state correctional populations or on the demand for state correctional resources.