87(R) HB 686 - Enrolled version - Bill Text

	H.B.  No.  686

	AN ACT
	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.    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  2.    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 [40]
	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  3.    The change in law made by this Act applies to any
	inmate who is confined in a facility operated b