Texas House of Representatives Passes H.B. 3387 by Rep. Matt Krause

May 11, 2015

By Rep. Matt Krause

AUSTIN, TEXAS – Today the Texas House of Representatives passed H.B. 3387, which gives the Texas Board of Pardons and Paroles the statutory authority to prescribe sex offender treatment as a condition of an offender’s parole.

“The Board of Pardons and Paroles has been operating under the authority of case law since 2005,” said Rep. Matt Krause. “H.B. 3387 amends the law so that the Board has authority, concurrent with the court’s opinions, to impose a sex offender treatment program as a condition of parole for certain offenders.”

Since 2005, the Board of Pardons and Paroles has been using the “Coleman” process to impose sex offender treatment for offenders that committed a sexually based offense. In accordance with the court’s decision in Coleman v. Dretke, the Board provides due process for the offender when he/she comes up for parole. These due process rights were defined by the court in Meza v. Livingston to include a written notice of the hearing, disclosure of the state’s evidence, and an offender’s right to legal counsel. The decision to impose sex offender treatment is made by an independent decision maker who is required to provide a written statement as to the evidence relied upon and the reasons for the decision.

“The goal of H.B. 3387 and the ‘Coleman’ Process is to ensure that the Board of Pardons and Paroles has the statutory authority they need in order to protect the integrity of the parole process,” said Rep. Matt Krause. “We have an obligation to the public and to the offenders in the Texas Department of Criminal Justice to provide a treatment program for those offenders being paroled while preserving the right of due process of law.”


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