87(R) SB 687 - Introduced version - Bill Text

	87R3241 JRR-D
	By:  Lucio	S.B.  No.  687

	A BILL TO BE ENTITLED
	AN ACT
	relating to the release on parole of certain inmates convicted of an
	offense committed when younger than 18 years of age; 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 18 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)    The board may employ a psychiatrist, psychologist, or
	psychiatric mental health advanced practice registered nurse who is
	qualified by education and clinical training in adolescent mental
	health issues to:
	(1)    conduct a comprehensive mental health evaluation,
	regardless of whether the evaluation is also conducted by an expert
	unaffiliated with the board; or
	(2)    assist a parole panel in performing the panel's
	duties under this section.
	(e)    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
	adding Subsection (d-2) to read as follows:
	(d-2)(1)    This subsection applies only to an inmate who:
	(A)    is serving a sentence for:
	(i)    a capital or first degree felony
	described by Article 42A.054(a), Code of Criminal Procedure;
	(ii)    an offense under Section 20A.03,
	21.02, or 71.023, Penal Code; or
	(iii)    a first degree felony under Section
	71.02, Penal Code; and
	(B)    was younger than 18 years of age at the time
	the offense was committed.
	(2)    Notwithstanding any other provision of this
	section and except as provided by Subdivision (3), 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 20 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.