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


Office of House Bill AnalysisC.S.H.B. 1429
By: Danburg
Corrections
4/16/2001
Committee Report (Substituted)


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.
C.S.H.B. 1429 modifies notification requirements to crime victims about the
release of certain inmates on parole.  
 
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. 1429 amends the Government Code to require the Texas Department of
Criminal Justice (TDCJ) to notify crime victims about the release of
certain inmates on parole.  Before a parole panel considers for release on
parole an inmate who is serving a sentence for an offense in which a person
was a victim (inmate), the pardons and paroles division (division) of TDCJ,
using the name and address provided on a written request for notification
rather than a victim impact statement, is required to make a reasonable
effort to notify the inmate's victim, the guardian of the victim, or close
relative of a deceased victim (victim).  The bill authorizes a victim who
wishes to receive notification of an inmate's consideration for parole to
file with the division a written request for notification regardless of
whether the victim provided a victim impact statement.  Not later than the
30th day before the date on which a parole panel orders the release on
parole of an inmate, the division, using the name and address provided on
the victim impact statement, is required to make a reasonable effort to
notify the victim.  A victim is entitled to notification of the imminent
release of an inmate, directed to the address provided on the victim impact
statement, or if no name or address was provided on the statement, directed
to the address stated in a written request for notification filed with the
division.  The bill provides that the notice must state that the inmate is
being considered for release or that a parole panel is giving favorable
consideration to releasing the inmate on parole, as appropriate.   

EFFECTIVE DATE

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1429 differs from the original by removing provisions relating to
the time during which certain inmates may be considered for release on
parole and adding provisions requiring the Texas Department of Criminal
Justice to notify crime victims about the release of certain inmates on
parole.