HBA-MPM H.B. 95 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 95
By: Reyna, Arthur
Corrections
3/17/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a paroled individual is required to complete the
remaining time of the individual's prison term if parole is revoked.  H.B.
95 authorizes the Board of Pardons and Paroles to make recommendations to
the governor  regarding the commutation of punishment of incarcerated
individuals who, because of serious illness, do not pose a threat to
society.  This bill also eliminates the authority of the board to grant
parole for any reason other than medical. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Repealer:  Chapter 508, Government Code (Parole and Mandatory
Supervision), with the exceptions of Sections 508.001 (1)-(4)
(Definitions), 508.031-508.035 (Composition of Board, Requirements for
Membership, Disqualifications, Grounds for Removal, and Presiding Officer,
respectively), 508.037-508.039 (Terms; Removal, Vacancies, and
Compensation, respectively), and 508.051 (Sunset Provision). 

SECTION 2.  Amends Subchapter B, Chapter 508, Government Code, by adding
Section 508.053, as follows: 

Sec. 508.053.  COMMUTATION OF PUNISHMENT BASED ON SERIOUS ILLNESS.
Authorizes the Board of Pardons and Paroles to recommend to the governor
that commutation of punishment be granted to inmates who because of serious
illness do not pose a threat to public safety if released. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 1999.

SECTION 5.  Emergency clause.