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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 499.053(d), Government Code, is amended |
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to read as follows: |
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(d) A person transferred from the Texas Juvenile Justice |
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Department or a post-adjudication secure correctional facility for |
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the offense of capital murder shall become eligible for parole as |
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provided in Section 508.145(d-2) [508.145(d) for an offense listed
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in Article 42A.054, Code of Criminal Procedure, or an offense for
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which a deadly weapon finding has been made]. |
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SECTION 2. 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 was convicted of an offense under Section |
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20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is |
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serving a sentence under Section 12.42(c)(2), Penal Code [required
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under Section 508.145(c) to serve 35 calendar years before becoming
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eligible for release on parole], all members of the board must vote |
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on the release on parole of the inmate, and at least two-thirds of |
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the members must vote in favor of the release on parole. A member of |
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the board may not vote on the release unless the member first |
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receives a copy of a written report from the department on the |
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probability that the inmate would commit an offense after being |
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released on parole. |
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SECTION 3. 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 is conducted by a |
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disinterested expert unaffiliated with the board, such as a |
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psychiatrist or psychologist, who is qualified by education and |
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clinical training in adolescent mental health issues and that |
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includes: |
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(A) family interviews; |
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(B) family history; |
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(C) prenatal history; |
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(D) developmental history; |
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(E) medical history; |
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(F) history of treatment for substance use; |
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(G) social history; and |
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(H) 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 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 or psychologist who |
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is qualified by education and clinical training 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 a |
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disinterested expert 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 to ensure that an inmate |
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to whom this section applies is provided a meaningful opportunity |
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to obtain release on parole. The policy must allow the following |
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persons having knowledge of the inmate before the inmate committed |
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the offense for which the inmate is eligible for parole or having |
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knowledge of the inmate's growth and maturity after the offense was |
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committed to submit statements regarding the inmate to the parole |
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panel: |
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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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SECTION 4. 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) an offense described by Article |
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42A.054(a), Code of Criminal Procedure; |
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(ii) an offense for which the judgment |
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contains an affirmative finding under Article 42A.054(c) or (d), |
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Code of Criminal Procedure; |
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(iii) an offense for which the punishment |
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is increased under Section 481.134, Health and Safety Code; or |
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(iv) an offense under Section 20A.03, |
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21.02, 71.02, or 71.023, 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 5. Section 508.145(b), Government Code, is |
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repealed. |
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SECTION 6. 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 7. 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, 2017. |