85R18352 JRR-D     By: Moody, Wu H.B. No. 1274     Substitute the following for H.B. No. 1274:     By:  Moody C.S.H.B. No. 1274       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.  Section 508.046, Government Code, is amended to   read as follows:          Sec. 508.046.  EXTRAORDINARY VOTE REQUIRED. To release on   parole an inmate who is serving a sentence for [was convicted of] an   offense under Section 20A.03, 21.02, 21.11(a)(1), or 22.021, Penal   Code, or who is serving a sentence under Section 12.42(c)(2), Penal   Code [required under Section 508.145(c) to serve 35 calendar years   before becoming eligible for release on parole], all members of the   board must vote on the release on parole of the inmate, and at least   two-thirds of the members must vote in favor of the release on   parole. A member of the board may not vote on the release unless the   member first receives a copy of a written report from the department   on the probability that the inmate would commit an offense after   being released on parole.          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:                (1)  is eligible for release on parole; and                (2)  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; and                (2)  the hallmark features of youth.          (c)  In assessing an inmate's growth and maturity, a parole   panel shall consider the following information about the inmate:                (1)  age at the time of the offense;                (2)  developmental stage at the time of the offense;                (3)  family and community environment;                (4)  ability to appreciate the risks and consequences   of the conduct;                (5)  intellectual capacity;                (6)  if presented to the panel, the outcome of a   comprehensive mental health evaluation that is conducted by an   expert unaffiliated with the board, such as a psychiatrist,   psychologist, or psychiatric mental health advanced practice   registered nurse, who is qualified by education and clinical   training in adolescent mental health issues and that may include:                      (A)  family interviews;                      (B)  family history;                      (C)  prenatal history;                      (D)  developmental history;                      (E)  medical history;                      (F)  history of treatment for substance use;                      (G)  social history; and                      (H)  a psychological evaluation;                (7)  peer or familial pressure;                (8)  level of participation in the offense;                (9)  inability to effectively communicate with defense   counsel or to participate meaningfully in the defense of the case;                (10)  capacity for or demonstrations of   rehabilitation;                (11)  school records and special education   evaluations;                (12)  trauma history;                (13)  faith and community involvement;                (14)  involvement in the child welfare system; and                (15)  any other mitigating factor or circumstance.          (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 an evaluation described by Subsection   (c)(6), regardless of whether the evaluation is also conducted by   an expert unaffiliated with the board under that subdivision; or                (2)  assist a parole panel in performing its other   duties under this section.          (e)  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 allow persons having knowledge of the inmate before the inmate   committed the offense for which the inmate is eligible for parole or   having knowledge of the inmate's growth and maturity after the   offense was committed to submit statements regarding the inmate to   the parole panel, including:                (1)  family members and friends of the inmate;                (2)  school personnel;                (3)  faith leaders; and                (4)  representatives of community-based organizations.          (f)  This section does not affect the rights granted under   this chapter or Article 56.02, Code of Criminal Procedure, to a   victim, guardian of a victim, or close relative of a deceased   victim.          SECTION 3.  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 subsection 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 one-half of the   sentence or 20 calendar years, whichever is less, but in no event is   the inmate eligible for release on parole in less than two calendar   years.          SECTION 4.  Sections 499.053(d) and 508.145(b), Government   Code, are repealed.          SECTION 5.  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 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.