Bills that Address Prison Overcrowding Through Parole Reform
Most experts agree that one of the causes of Texas prison overcrowding is the Board of Pardons and Paroles’ failure to follow its own guidelines for releasing non-violent offenders. In fact, the BPP is more likely to follow its guidelines when releasing violent recidivist felons than people with low-level drug or DWI convictions. Families are excluded from the parole process and offenders frequently don’t even know whey they’ve been turned down. This year, several important bills aimed at changing these longstanding dynamics were filed and made into law:
Analysis: Prohibits technical revocations for non-violent, non-sexually related parolees, ensuring that individuals released from incarceration are not unnecessarily sent back to prison for violations that do not constitute a threat to public safety.
Analysis: Allows inmates convicted of certain drug offenses to be released on mandatory supervision.
3. HB 403 by Hodge, Relating to the early termination of parole or mandatory supervision for certain releasees who successfully complete a residential substance abuse treatment program.
Analysis: Permits the Texas Board of Pardons and Paroles to grant early termination of parole to individuals that complete certain residential treatment programs and pay a fee; also instructs the Department of State Health Services to create policies and procedures for the development and maintenance of substance abuse treatment programs.
Analysis: Establishes maximum caseloads for parole officers based on the types of offenders under supervision.
5. HB 2611 by Madden, Relating to the eligibility of certain inmates of the Texas Department of Criminal Justice for medically recommended intensive supervision.
Analysis: Allows the supervised release of Elderly, mentally ill/retarded, terminally ill, or constant care for 3g offenders over the age of 55. It also allows the release for registered sex offenders in a vegetative state
6. HB 431 by Madden and McClendon, Relating to the release of a defendant convicted of a state jail felony on medically recommended intensive supervision.
Analysis: Would place the authorization for medically recommended intensive supervision for certain offenders in another statute and give judges the authority to release them because the parole board does not consider these cases.
7. HB 541 by Martinez Fischer, Relating to procedures for certain persons charged with an administrative violation of a condition of release from the Department of Criminal Justice on parole or mandatory supervision.
Analysis: Authorizes certain persons charged with certain violations of conditional release from a Texas Department of Criminal Justice correctional facility on parole or mandatory supervision to post bond pending their revocation hearings.