HBA-MSH C.S.H.B. 1649 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1649 By: Gallego Corrections 4/30/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the primary duty of the Board of Pardons and Paroles (board) is the discretionary release of eligible inmates sentenced to the institutional division of the Texas Department of Criminal Justice. The board is composed of 18 members appointed by the governor. Six of these members are chosen by the governor to serve as policy board members who adopt rules relating the decision-making process and administer the board's responsibilities. Questions have been raised about the efficiency of the board, including difficulties in coordinating activities, monitoring performance, establishing and tracking caseloads, and organizational structure. C.S.H.B. 1649 sets forth provisions relating to the administration of the board and duties of the policy board. 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 C.S.H.B. 1649 amends the Government Code to provide that it is grounds for removal from the Board of Pardons and Paroles (board) that a member fails to comply with policies or rules adopted by the Board of Pardons and Paroles Policy Board (policy board) (Section 508.034). The bill provides that the presiding officer of the board reports directly to the governor and serves as the administrative head of the policy board and the board (Sec. 508.035). The bill requires the policy board to establish required work hours for members of the board. The bill requires the policy board to require members of the board to file activity reports that provide information on the hours worked of the members of the board (Sec. 508.036). The bill requires the board to determine which inmates are to be released on mandatory supervision, special conditions of parole or mandatory supervision, the modification and withdrawal of conditions of parole or mandatory supervision, the continuation, and modification of parole or mandatory supervision, and at the direction of the presiding officer file activity reports on duties performed (Sec. 508.044). The bill requires a parole panel rather than the board to provide notification to appropriate entities when an inmate is released (Sec. 508.115). The bill requires a parole panel that is considering the release of an inmate on mandatory supervision to allow the victim or another appropriate person to provide a written statement or appear in person (Sec. 508.153). After a hearing before a parole panel, the bill authorizes a parole panel rather than the board to continue, revoke, or modify the parole or mandatory supervision. If the parole, mandatory supervision, or conditional pardon of a person convicted of certain felonies is revoked, the bill provides that a person may be required to serve the remaining portion of the sentence on which the person was released. The bill sets forth provisions relating to serving the remaining portion of a sentence for a person convicted of other offenses (Sec. 508.283). The bill amends the Code of Criminal Procedure to remove references in provisions regarding restitution to "probation" and replace such references with the phrase "community supervision" and remove "Board of Pardons and Paroles" and replace it with "parole panel"(Sec. 42.037). EFFECTIVE DATE January 1, 2002. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1649 differs from the original by adding provisions relating to the administration of the Board of Pardons and Paroles (board) grounds for removal from the board, and required work hours for board members. The substitute requires board members to determine which inmates are to be released on mandatory supervision, the special conditions of mandatory supervision, the modification or withdrawal of conditions of parole or mandatory supervision. The substitute adds provisions regarding a person whose parole, mandatory supervision, or conditional pardon is revoked serving the remaining time on the person's sentence. The substitute removes provisions relating to the transfer of duties and responsibilities of the Board of Pardons and Paroles Policy Board (policy board) to the board and provisions regarding the establishment, employment, supervision, training, and duties of parole commissioners. The substitute removes provisions that decrease the number of members of the board and provisions expanding the administrative duties of the board. The substitute removes the transfer of rulemaking authority to the board relating to the decision-making processes, the eligibility for and conduct and conditions of release, and submission of information for and in behalf of an inmate. The substitute restores provisions regarding the designation and terms of members of the policy board and grounds for removal from the board.