HB5525 - Relating to parole guidelines and procedures for inmates convicted of an offense committed when younger than 18 years of age.

  89R25515 MCF-F     By: Jones of Harris H.B. No. 5525       A BILL TO BE ENTITLED   AN ACT   relating to parole guidelines and procedures for inmates convicted   of an offense committed when younger than 18 years of age.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Youth Parole Reform   Act.          SECTION 2.  Subchapter E, Chapter 508, Government Code, is   amended by adding Sections 508.1441 and 508.1442 to read as   follows:           Sec.   508.1441.     PAROLE GUIDELINES AND PROCEDURES FOR INMATE   WHO COMMITTED OFFENSE BEFORE AGE OF 18; REPORT. (a) The board, in   consultation with the Texas Juvenile Justice Department, shall   develop and implement:                 (1)     a version of the parole guidelines adopted under   Section 508.144 that:                       (A)     is specifically designed for 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; and                       (B)     prioritizes rehabilitation, educational   attainment, mental health treatment, and reintegration support;   and                 (2)     specific procedures to be used during the   consideration for release on parole of an inmate described by   Subdivision (1)(A).           (b)  The procedures developed under Subsection (a)(2) must:                 (1)     require a parole panel considering the release on   parole of an inmate described by Subsection (a)(1)(A) to use the   parole guidelines developed under Subsection (a)(1);                 (2)     prohibit the parole panel from applying the parole   guidelines adopted under Section 508.144;                 (3)     require the parole panel to consider the   following:                       (A)     the inmate's age at the time the offense for   which the inmate is eligible for release on parole was committed;                       (B)     the inmate's demonstrated rehabilitation   progress;                       (C)     the inmate's educational and vocational   achievements;                       (D)     the inmate's psychological and behavioral   evaluations; and                       (E)     input from relevant professionals, family   members, and victims, if appropriate;                 (4)     include a comprehensive reintegration plan for the   inmate; and                 (5)     include the additional parole considerations   required under Section 508.1442.           (c)     The board shall annually submit to the governor,   lieutenant governor, and members of the legislature a report that   includes:                 (1)     the following information with respect to inmates   described by Subsection (a)(1)(A) who are considered for release on   parole under the parole guidelines and procedures developed under   this section:                       (A)     the number of inmates considered and the   number released;                       (B)     the success rate of the reintegration of   inmates released; and                       (C)  the recidivism rate of inmates released; and                 (2)     recommendations for improving the parole   guidelines and procedures developed under this section.           (d)   The board shall to the extent possible:                 (1)     use data compiled by the Legislative Budget Board   in creating the report required under Subsection (c); and                 (2)     collaborate with the Legislative Budget Board to   ensure the accuracy and consistency of the data used in the report.           (e)     The board shall publish the report described by   Subsection (c) on the board's Internet website.           Sec.   508.1442.     ADDITIONAL PAROLE CONSIDERATIONS FOR INMATE   WHO COMMITTED OFFENSE BEFORE AGE OF 18. (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 persons younger than   18 years of age, as compared to that of adults;                 (2)  the hallmark features of youth; and                 (3)     the greater capacity of persons younger than 18   years of age 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; and                 (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.           (d)  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 3.  As soon as practicable after the effective date   of this Act, the Texas Juvenile Justice Department shall develop   and provide training to members of the Board of Pardons and Paroles   and parole commissioners, as defined by Section 508.001, Government   Code, on best practices for parole consideration for inmates   described by Section 508.1441(a)(1)(A), Government Code, as added   by this Act.          SECTION 4.  (a) Not later than September 1, 2026, the Board   of Pardons and Paroles shall develop and implement the parole   guidelines and procedures required under Section 508.1441,   Government Code, as added by this Act.          (b)  As soon as practicable after the date the Board of   Pardons and Paroles implements the parole guidelines and procedures   under Subsection (a) of this section, the board shall reconsider   for release on parole any inmate described by Section   508.1441(a)(1)(A), Government Code, as added by this Act, who was   previously denied release on parole before the implementation of   the parole guidelines and procedures under Subsection (a) of this   section.          SECTION 5.  This Act takes effect September 1, 2025.