Bill Text: TX SB77 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the release on parole of certain youthful offenders; changing parole eligibility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-08-11 - Filed [SB77 Detail]
Download: Texas-2021-SB77-Introduced.html
| 87S20659 JRR-D | ||
| By: Lucio | S.B. No. 77 | |
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| relating to the release on parole of certain youthful offenders; | ||
| changing parole eligibility. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 42.01991(a), Code of Criminal Procedure, | ||
| as effective September 1, 2021, is amended to read as follows: | ||
| (a) This article applies only in the trial of an offense | ||
| under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, in which: | ||
| (1) the defendant enters a plea of guilty; and | ||
| (2) the attorney representing the state, the attorney | ||
| representing the defendant, and the defendant agree in writing that | ||
| the defendant will become eligible for release on parole as | ||
| described by Section 508.145(c-1)(2) or (d-2)(2), Government Code, | ||
| as applicable. | ||
| SECTION 2. Subchapter E, Chapter 508, Government Code, is | ||
| amended by adding Section 508.1415 to read as follows: | ||
| Sec. 508.1415. ADDITIONAL PAROLE CONSIDERATIONS FOR | ||
| YOUTHFUL OFFENDERS. (a) This section applies only to the | ||
| consideration for release on parole of an inmate who was younger | ||
| than 17 years of age at the time the offense for which the inmate is | ||
| eligible for release on parole was committed. | ||
| (b) In determining whether to release an inmate described by | ||
| Subsection (a) on parole, a parole panel shall assess the growth and | ||
| maturity of the inmate, taking into consideration: | ||
| (1) the diminished culpability of juveniles, as | ||
| compared to that of adults; | ||
| (2) the hallmark features of youth; and | ||
| (3) the greater capacity of juveniles for change, as | ||
| compared to that of adults. | ||
| (c) The board shall adopt a policy establishing factors for | ||
| a parole panel to consider when reviewing for release on parole an | ||
| inmate to whom this section applies to ensure that the inmate is | ||
| provided a meaningful opportunity to obtain release. The policy | ||
| must: | ||
| (1) consider the age of the inmate at the time of the | ||
| commission of the offense as a mitigating factor in favor of | ||
| granting release on parole; | ||
| (2) permit persons having knowledge of the inmate | ||
| before the inmate committed the offense or having knowledge of the | ||
| inmate's growth and maturity after the offense was committed to | ||
| submit statements regarding the inmate for consideration by the | ||
| parole panel; and | ||
| (3) establish a mechanism for the outcome of a | ||
| comprehensive mental health evaluation conducted by an expert | ||
| qualified by education and clinical training in adolescent mental | ||
| health issues to be considered by the parole panel. | ||
| (d) This section does not: | ||
| (1) affect the rights granted under this chapter or | ||
| Article 56A.051, Code of Criminal Procedure, to a victim, guardian | ||
| of a victim, or close relative of a deceased victim; or | ||
| (2) create a legal cause of action. | ||
| SECTION 3. Section 508.145, Government Code, is amended by | ||
| amending Subsection (b) and adding Subsection (d-2) to read as | ||
| follows: | ||
| (b) An inmate serving a life sentence under Section | ||
| 12.31(a)(1), Penal Code, for a capital felony is not eligible for | ||
| release on parole until the actual calendar time the inmate has | ||
| served, without consideration of good conduct time, equals 30 [ |
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| calendar years, except that an inmate serving a life sentence under | ||
| Section 12.31(a)(1), Penal Code, for a capital felony under Section | ||
| 19.03(a)(1) or (7) of that code is not eligible for release on | ||
| parole until the actual calendar time the inmate has served, | ||
| without consideration of good conduct time, equals 40 calendar | ||
| years. | ||
| (d-2)(1) This subsection applies only to an inmate who: | ||
| (A) is serving a sentence for: | ||
| (i) a first degree felony described by | ||
| Article 42A.054(a), Code of Criminal Procedure; | ||
| (ii) an offense under Section 20A.03 or | ||
| 71.023, Penal Code; or | ||
| (iii) a first degree felony under Section | ||
| 71.02, Penal Code; and | ||
| (B) was younger than 17 years of age at the time | ||
| the offense was committed. | ||
| (2) Notwithstanding any other provision of this | ||
| section, an inmate described by Subdivision (1) is not eligible for | ||
| release on parole until the inmate's actual calendar time served, | ||
| without consideration of good conduct time, equals 30 calendar | ||
| years or one-half of the applicable time provided by this section, | ||
| whichever is less, but in no event is the inmate eligible for | ||
| release on parole in less than four calendar years unless the inmate | ||
| would otherwise be eligible for release on parole under another | ||
| provision of this section. | ||
| SECTION 4. The change in law made by this Act applies to any | ||
| inmate who is confined 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 whether the offense for | ||
| which the inmate is confined occurred before, on, or after the | ||
| effective date of this Act. | ||
| SECTION 5. This Act takes effect April 1, 2022. | ||
