HBA-TBM H.B. 1429 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1429
By: Danburg
Corrections
2/25/2001
Introduced



BACKGROUND AND PURPOSE 

Before the Texas Board of Pardons and Paroles (board) considers an inmate
for release, the pardons and paroles division is required to attempt to
notify the victim of the inmate or the victim's family or guardian. If the
board denies parole to the inmate, the board may grant the inmate a
set-off.  The set-off requires the board to review the inmate for parole
again not less than one year and not more than three years from the parole
docket date or the date of the board's decision.  For victims and their
families, this may mean that they continue to receive notification letters
of a parole review every year or two, giving them very little time to heal.
A number of states with similar sentencing guidelines utilize a five year
set-off, which may provide victims and their families more time to heal.
House Bill 1429 requires the policy board of the Texas Board of Pardons and
Paroles to increase the length of the set-off the board may grant certain
inmates to between three to five years after the previous refusal.   

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. 

ANALYSIS

House Bill 1429 amends the Government Code to require the Board of Pardons
and Paroles Policy Board to adopt a policy by January 1, 2002, establishing
the date on which the Board of Pardons and Paroles (parole board) is
authorized to reconsider for release an inmate who was convicted of a
capital felony, indecency with a child, or aggravated sexual assault or who
is required to serve 35 calendar years before becoming eligible for release
on parole and who has previously been denied release.  The policy must
permit the parole board to reconsider for release the inmate on or as soon
as practicable after the third anniversary of the refusal or, in the parole
board's discretion, on or as soon as practicable after the fifth
anniversary of the refusal.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.