SECOND LOOK FOR TEXAS TEENS 2017

Texas legislators are considering two Second Look bills during the 85th session. SB 556 and HB 1274. The basic idea is to change the current requirement that individuals convicted and sentenced to prison for 3g {violent crimes} must serve half their sentences before parole review. These two bills focus on those individuals convicted before the age of eighteen. The change to existing requirements proposed in each bill makes parole review possible after 20 years, or half the sentence, whichever is less.

HB 1274 has had a public hearing { 3-21-17 } during which all the testimony was for the bill. This comes as no surprise to those familiar with neuro-science research on juvenile brains in the last ten years. What this shows is that male brains don’t fully mature till around the mid twenties. Some use this evidence to prove the diminished culpability of juveniles as a mitigating factor in case disposition. In theory, this evidence would encourage the District Attorney and Judge to consider this evidence in arriving at a resolution of the cases before them. This bill , however, jumps forward twenty years from prison entry, to state that these prisoners deserve somewhat earlier parole review because of their age at the time of the crime.

In no way does this bill guarantee parole after twenty years…..all it does is provide an opportunity for review. Such a formula based approach to parole review flies in the face of the evidence based methods now preferred in most reform proposals. It continues the decades long pattern of “one size fits all” approach to dealing with inmates. It is supported by the notion that ” the punishment should fit the crime”. The United States Supreme Court does not support this formula based approach to juveniles. It has stated clearly over the last five years that because juveniles are different, they should not be treated the same as adults. The mitigating factors of young age need to be considered when juveniles are involved in the criminal justice system.

HB 1274 is a very small step in the direction of common sense parole review. Legislation in other states sets earlier review times….10 to 15 years. If neuroscience evidence was the basis for review, the first one would take place at age 25…..when maturity has been achieved. Since juveniles have a much greater ability to change, a review at 25 would determine their actual growth and development. In addition it would provide valuable information about readiness for release. Such a review is not part of this bill….maybe down the road somewhere.

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