Bill Text: TX HB2352 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the eligibility of certain inmates for release to mandatory supervision.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-05-10 - Committee report sent to Calendars [HB2352 Detail]
Download: Texas-2011-HB2352-Comm_Sub.html
| 82R20260 PEP-F | |||
| By: Allen, Marquez | H.B. No. 2352 | ||
| Substitute the following for H.B. No. 2352: | |||
| By: Allen | C.S.H.B. No. 2352 | ||
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| relating to the eligibility of certain inmates for release to | ||
| mandatory supervision. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 508.149, Government Code, is amended by | ||
| amending Subsections (b), (c), and (d) and adding Subsection (e) to | ||
| read as follows: | ||
| (b)(1) This subsection applies to an inmate who: | ||
| (A) is serving a sentence for or has been | ||
| previously convicted of an offense listed in or described by | ||
| Subsection (a) but is nonetheless eligible for release on mandatory | ||
| supervision because the offense was committed before the offense | ||
| was listed in or described by Subsection (a); | ||
| (B) is serving a sentence for or has been | ||
| previously convicted of: | ||
| (i) a felony of the third degree or any | ||
| higher category of offense under Section 15.031, 19.04, 20.03, | ||
| 20A.02, 21.12, 22.01, 22.05, 22.07, 25.08, or 25.11, Penal Code; or | ||
| (ii) a felony of the first or second degree | ||
| under Section 22.09, Penal Code; | ||
| (C) has been previously convicted at least two | ||
| times of a felony offense and served at least two terms of | ||
| imprisonment in a facility operated by or under contract with the | ||
| department; or | ||
| (D) has been the subject of major disciplinary | ||
| action within the 12-month period preceding the inmate's scheduled | ||
| release date as determined under Section 508.147, if the director | ||
| or director's designee, after consulting with the warden of the | ||
| unit to which the inmate is assigned, recommends review by a parole | ||
| panel under Subdivision (2). | ||
| (2) An inmate to whom this subsection applies may not | ||
| be released to mandatory supervision if a parole panel determines | ||
| that: | ||
| (A) [ |
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| is not an accurate reflection of the inmate's potential for | ||
| rehabilitation; and | ||
| (B) [ |
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| the public. | ||
| (c) A parole panel that makes a determination under | ||
| Subsection (b)(2) [ |
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| the determination. | ||
| (d) A determination under Subsection (b)(2) [ |
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| subject to administrative or judicial review, except that the | ||
| parole panel making the determination shall reconsider the inmate | ||
| for release to mandatory supervision at least twice during the two | ||
| years after the date of the determination. | ||
| (e) An inmate not described by Subsection (a) or (b) is | ||
| entitled to release on the inmate's scheduled release date as | ||
| provided by Section 508.147. | ||
| SECTION 2. The change in law made by this Act applies to any | ||
| inmate serving a term of imprisonment in a facility operated by or | ||
| under contract with the Texas Department of Criminal Justice on or | ||
| after the effective date of this Act, regardless of when the inmate | ||
| was sentenced to serve that term. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
