Parole decisions that account for victims

Put Victims on the Parole Board

Reserving two of the seven seats on the Texas Board of Pardons and Paroles for victims of serious crime, or close family members of victims, whose offenders were tried and convicted.

DRAFT — not filed  Proposed bill for the 90th Texas Legislature · Amends Texas Government Code §508.031 · Last updated November 5, 2026

The problem

The Board of Pardons and Paroles decides who is released from prison, whose parole is revoked, and whether to recommend clemency to the Governor. Texas law gives victims and their families real rights in that process — to be notified, to submit a victim impact statement, to protest, to be heard. What it does not give them is a single person in the room where the decision is made who has ever sat where they sit. Every other perspective that shapes a release decision — corrections, law, supervision, risk — is represented among the decision-makers. The state's own Sunset Advisory Commission concluded in 2024 that the Board's decision-making does not ensure fairness, consistency, transparency, or data discipline.

What the bill does

The bill amends Government Code §508.031 so that at least two of the Board's seven members — within the Board as it exists today, with no new seats — must be victims of offences on the list Texas already uses for its most serious crimes (Code of Criminal Procedure art. 42A.054, taken as a whole), or close relatives of deceased victims, where the offender was convicted. A conviction on a guilty plea counts the same as one after trial. Eligibility is established quietly, by attestation through the prosecuting attorney or TDCJ's Victim Services Division; the appointment is publicly identified as a victim-category appointment, but the member's own case details remain theirs to share or withhold. These are full members: they vote on parole, revocation, and clemency — including capital clemency — like every other member. The seats are filled as existing terms expire; no sitting member is displaced.

Why it works

Most Board business is not done by all seven members. Ordinary release and revocation cases are decided by three-person panels — one board member sitting with two parole commissioners — so two victim members bring that lived experience into roughly two of every seven panels, and into every full-Board clemency and extraordinary-vote decision.

The idea is tested, not theoretical: Virginia guarantees at least one victim representative on its five-member board, and Ohio reserves exactly one seat for a victim, a family member, or a victims' advocate. No state goes further — our research found no board anywhere reserving anything close to a third. Two of seven (28.6 per cent) would be the strongest victim representation on any parole board in the country, achieved without enlarging the Board or altering any offender's eligibility. Texas law already shapes this Board by category — no more than three members may be former prison-system employees — so a composition rule is a familiar tool, not a radical one. No constitutional amendment is needed: Article IV, §11 leaves the Board's size and qualifications to statute.

Rights and safeguards

How hard will this be to pass?

High — 4 of 5

This bill asks for more than any state has done: two of seven seats would be the strongest victim representation on any parole board in the country, and the serious objection — that members chosen for their victimisation will be partial, where parole decisions need neutral professionals — will be pressed hard. The design answers it with statutory recusal, the same training and guidelines for every member, and no change to any offender's eligibility or to the votes a release requires. Expect a genuine fight over who belongs on the Board, not a technical argument about drafting.

Cost

Minimal. The Board keeps its current size, salaries, and structure; the expected costs are limited to recruitment, training, and support.

What we need — and the next step

We are asking victims' advocacy organisations to champion or endorse this bill, testify for it, or advise on it — and members of the 90th Legislature to consider authoring it. The principle behind it: victims should be heard in every case, and represented, where a board decides, among those who decide.

Next step: a 20-minute briefing with Lawrence Baitland — and then your yes or no on championing this bill.

Download the one-page summary (PDF)

Layer 2 — The advocacy brief

For advocates preparing to pitch this bill: how parole decisions actually get made, the arguments against this bill stated fairly, and our answers.

How parole decisions actually get made — and who is missing from the room

Content note: this section describes how the parole process looks to a victim's family, in plain terms and without graphic detail.

Start with how the Board actually works, because the bill is designed around it. The Board has seven members, appointed by the Governor with the Senate's consent, serving staggered six-year terms. But most parole business is not done by all seven. Ordinary release and revocation cases are decided by panels of three — one board member sitting with two parole commissioners, the Board's employed decision-makers. Two kinds of decision belong to the full Board alone: the "extraordinary vote" releases Texas law treats as most serious, which require two-thirds of the whole Board (five of seven), and clemency recommendations, which only board members can make and which the Governor can act on only on the Board's written recommendation.

Against that machinery, here is everything Texas law gives a victim's family. On request, they are notified of parole proceedings and of a release. They may submit a victim impact statement and a protest, and what they send goes into the offender's file to be considered. They may participate in the process and be heard. Those rights are real, and families who came earlier fought for them. But notice their shape: every one of them is a right to speak to the Board.

"Every right my family has in the parole process is a right to speak to the Board. Not one places a victim in the room where the decision is made."
— Lawrence Baitland, in testimony prepared for this bill

The people in the room are appointed to be "representative of the general public," and Texas law asks no particular experience of them at all — no corrections background, no legal training, nothing. In practice the room holds experience of prisons, prosecution, defence, and supervision. The one experience it never holds, by design, is the experience of the people the crime was committed against. Meanwhile the state's own Sunset Advisory Commission concluded in 2024 that the Board's decision-making does not ensure fairness, consistency, transparency, or data discipline. The principle behind this bill is the one its supporters have adopted throughout: victims should be heard in every case, and represented, where a board decides, among those who decide. The hearing exists. The representation is what this bill adds — and it is the only thing it adds.

And it adds it honestly. Two of seven is 28.6 per cent: presence on roughly two of every seven three-member panels, a voice and a vote in every clemency recommendation and extraordinary-vote decision — and no power to block or carry any of them. Nothing on this page claims more for it than that.

Likely criticism — and our answers

You will meet these arguments in committee, in the press, and possibly inside your own organisation. Each is stated in its strongest fair form. The expected sources are the criminal-defence bar, civil-liberties and capital-defence organisations, and criminal-justice reform groups — named here as likely critics, which is a different thing from naming an ally: no critic is misrepresented by being expected to argue its own stated mission. None of them has taken a position on this bill.

"A person chosen because a crime was committed against them cannot be neutral. Parole decisions need impartial decision-makers, not bereaved ones."

This is the central objection — the Texas Criminal Defense Lawyers Association and others will make it — and it deserves a direct answer, not a dismissal. Start with the law: there is no constitutional right to parole. Release before the end of a valid sentence is the state's discretionary act, and who sits on the body exercising that discretion is a legislative choice — the same statute already caps one category of member (no more than three former prison-system employees) without anyone suggesting the Board became illegitimate. Then look at how the bill protects neutrality: not by hoping for it, but the way the law protects it everywhere else — a statutory bar on ever sitting on a case the member was personally involved in, the same oath, the same training, and the same parole guidelines binding every member equally. What the objection ultimately argues is that victims of violent crime, as a class, are unfit for a public board because of what was done to them. That is not a neutrality principle; it is an exclusion, and it is the thing this bill exists to end.

"Parole is technical work — risk instruments, guidelines, institutional records. Seats should go to corrections and legal professionals, not to people selected for a personal experience."

Texas law requires no professional qualification for this Board — none. The statutory standard is that members be "representative of the general public," and members today arrive from many backgrounds. Whatever technical apparatus the work requires is supplied the same way for every member: no member of any kind may vote before completing the statutory training programme, and the parole guidelines bind every vote. A victim member displaces no professional qualification, because there is none to displace. What they add is the one form of knowledge the current appointment standard cannot produce: what the decisions look like from the other side of the file.

"Victims already have rights in this process — notice, impact statements, protests that must be placed in the file. Why isn't that enough?"

Because those are input rights, and this bill is about decision rights — and the distinction is the whole case. A family can be notified, can write, can protest, and can be considered, and still have no one in the room who has ever stood where they stand when the vote is taken. The state's own Sunset review found the decision process itself — not the input process — wanting on fairness, consistency, transparency, and data discipline. If being heard were the same as being represented, this bill would be unnecessary. The testimony behind it puts the point in one line: every right a family has is a right to speak to the Board; not one places a victim among those who decide.

"Categorical seats politicise appointments. Every nominee's own case will be re-litigated at confirmation, and every other constituency will demand its seat next."

Appointments to this Board are already gubernatorial and already confirmed by the Senate; a category does not change that machinery. What the bill changes is what confirmation can fairly examine: eligibility is established by attestation through TDCJ's Victim Services Division or the prosecuting attorney, the appointment is publicly identified as a victim-category appointment, and the facts of the member's own case are protected from disclosure unless the member consents in writing — so the debate can be about fitness for office, not a retrial of the nominee's worst day. As for the queue of constituencies: crime victims are not one interest group among many. The Texas Constitution itself singles them out, in Article I, §30, for rights no other constituency holds. These seats extend a constitutional status; they do not invent a spoils system.

"Victim members will vote on capital clemency. That compromises the Board's role as a safeguard of mercy."

Capital-defence organisations — which already criticise the opacity of Texas capital clemency — are expected to lead with this, and the bill answers it by design rather than by exemption. Clemency recommendations require a majority of the whole Board: two victim members can neither carry a recommendation nor block one. Excluding them from capital cases would create two classes of member and has no mechanism in the constitutional text, which speaks of a majority of the Board, not of categories of it. Mercy decided by a body that embodies the whole community — including the people murder happens to — is not mercy compromised; it is mercy with its eyes open. And the recusal rule applies with full force: no member touches a case they were personally involved in, clemency included.

"You are asking survivors to read violent case files every day. That is its own harm — and the pool of people who can serve full-time through a public confirmation is small."

Both halves are true, and the bill does not pretend otherwise. Service is voluntary — nobody is conscripted into these seats — and the same is true of many hard public roles filled by people who choose them with open eyes. The design reduces the avoidable harms: case details stay private under the attestation shield, support resources for members exposed to violent files are part of the expected cost, and no member ever has to sit on the case that involves their own family. The pool point answers itself in the definition's breadth: victims and close relatives, across the whole of the art. 42A.054 list, convicted on a plea or at trial — drawn from decades of Texas cases, and filling only as terms expire, two seats at a time.

Potential allies

These are the kinds of organisation whose missions and records align with this bill. Organisations are deliberately not named here. A group that found its own name on a bill page could reasonably read it as being cited as a supporter, and no organisation has committed to this bill. Named research is kept in the project's working papers; a category below means a natural conversation to have, not a position taken.

Prosecutors are a consultee, not a counted ally. Prosecutors' organisations work with victims through the parole protest process every day, but their position on board-composition mechanics cannot be assumed — a prosecutors' association is as likely to be cautious or neutral here as supportive. Consult early; do not count them.

Prospective authors

To be published after re-verification. Candidates to approach — several members, identified from their records on victims' legislation and on this Board's own recent Sunset continuation — have been researched and are held in the project's working papers. Because the 2026 election changed the House, the governorship, and the Lieutenant Governorship, no names are published here until rosters and committee assignments for the 90th Legislature are verified in January. One implementation fact can be stated now: this bill works entirely through gubernatorial appointment, so the author will need to sound out the Governor's appointments office before filing — a bill whose category the appointing authority will not appoint from is a dead letter, whoever carries it.

Cost and implementation

Talking points

Questions advocates ask

Does two of seven give victim members a veto over releases?

No. The releases treated as most serious require five of the seven members to agree, so two members can neither block a release nor grant one — and clemency recommendations need a majority of the whole Board. Two of seven is presence and voice, stated honestly as such.

Can a victim member ever sit on their own offender's case?

Never. The bill bars a victim member from any matter involving their own offender, a co-defendant or other party to that offence, or any offender in whose case the member submitted a protest or victim impact statement or testified in any capacity. The line is personal involvement in the specific case — drawn in the statute, not left to board policy.

Who qualifies for a victim seat?

A victim of an offence on the art. 42A.054 list (or an offence with an affirmative finding under that article), or a close relative of a victim who died — "close relative" as Chapter 56A defines it, which includes a stepparent who married the victim's parent while the victim was a minor — where the offender was convicted, whether on a guilty or nolo plea or after trial.

Do victim members get different training?

No. Every member completes the same statutory training programme, and no member of any kind may vote, deliberate, or be counted in a vote before completing it. Same oath, same training, same guidelines, same votes.

Will a member's own case become public?

The appointment is publicly identified as a victim-category appointment — that is open and intended. But the facts of the member's case, obtained to verify eligibility, may not be disclosed by the Governor, the Senate, the department, or the prosecutor except with the member's written consent or as otherwise required by law. What a member chooses to share about their own case is theirs to decide.

When would the first victim members be seated?

The bill takes effect September 1, 2027, and applies to appointments for terms beginning on or after that date. Because terms are staggered, the two seats fill at the earliest term expirations after that — no sitting member is removed or displaced mid-term.

Layer 3 — Technical appendix

For attorneys, board reviewers, and legislative staff: current law, what the draft changes, the legal analysis, and the seams we already know about.

Download the draft bill in Texas House format (PDF) — DRAFT, not filed

Current law

ProvisionWhat it does now
Tex. Const. art. IV, §11 The Legislature "shall by law establish a Board of Pardons and Paroles." The Board's existence is constitutional, but its size, composition, and qualifications are left entirely to statute. Section 11(b) adds the one constitutional rule the draft must respect: the Governor may grant clemency only on the written recommendation of the Board, or a majority of it — so who sits on the Board shapes clemency as well as parole.
Gov't Code §508.031 "The board consists of seven members appointed by the governor with the advice and consent of the senate." The Governor designates the presiding officer. Board size has been changed by ordinary statute repeatedly across its history — most recently from eighteen members to seven in 2003.
Gov't Code §508.032 Qualifications. Members "must be representative of the general public"; a member must have resided in Texas for the two years before appointment. No professional qualification is required — no corrections, legal, or law-enforcement experience. The section already contains a categorical composition rule: a former TDCJ employee must wait two years after leaving, and at no time may more than three members be former employees of the department.
Gov't Code §508.033 Conflict disqualifications: persons (and spouses) with specified financial or management interests in entities receiving department or board funds, and registered lobbyists on board matters, are ineligible.
Gov't Code §§508.0362, 508.037 Training and terms. A new member may not vote, deliberate, or be counted as a member in a vote until completing the statutory training programme. Members serve staggered six-year terms, with the terms of one-third of the members expiring February 1 of each odd-numbered year — the staggering that dictates this bill's phase-in.
Gov't Code §§508.045, 508.046; parole commissioners How decisions are actually made. Board members and parole commissioners (employed by the Board — fourteen, two in each of the seven board offices) act in panels of three under §508.045; a typical panel is one member and two commissioners. Under §508.046, release of specified serious offenders requires two-thirds of the full Board — five of seven — and commissioners do not supply those votes. Clemency votes are members only.
Tex. Const. art. I, §30; Code Crim. Proc. ch. 56A What victims already have. On request: information about parole procedures, participation in the parole process, notification of parole proceedings and of the offender's release, and the right to provide information — protests and impact statements — for the offender's file, to be considered before parole. Input rights in full; membership, none. This is the baseline the bill builds on, and the bill does not alter any of it.
Code Crim. Proc. art. 42A.054 The qualifying-offence list (the list long nicknamed "3g"): murder, capital murder, aggravated kidnapping, trafficking, sexual offences, aggravated robbery, and others, at subsection (a); plus, at subsections (b)–(d), any felony with an affirmative deadly-weapon finding. The bill incorporates the article as a whole rather than restating a list of its own. (The 89th Legislature amended subsection (a) — HB 1422 (2025) added continuous sexual abuse — a verification point noted below.)
Va. Code §53.1-134 (comparator) Virginia's Parole Board consists of up to five members, and "[a]t least one member of the Board shall be a representative of a crime victims' organization or a victim of crime." Recent amendments (effective for the board's move to five members in 2028) also require significant professional experience in fields that expressly include victim services. The longest-running American model of a guaranteed victim seat: one seat, on a smaller board.
Ohio Rev. Code §5149.10(B) (comparator) Ohio reserves exactly one seat on its parole board (up to twelve members) for a person who "has been a victim of crime or who is a member of a victim's family or who represents an organization that advocates for the rights of victims of crime." That member votes on all full-board cases, is compensated like other members, and coordinates with the Office of Victims' Services.
Mass. Gen. Laws ch. 27, §4 (comparator) The weaker model: no seat is reserved, but the nominating panel's list for each vacancy on Massachusetts's seven-member board should include, where possible, a victim-witness advocate among other categories. Included to show the spectrum — nomination-list inclusion, one reserved seat, and this bill's two reserved seats — and that every verified American model stops at one seat.

What the draft changes, section by section

Legal analysis

Known seams — flagged for the author and Legislative Council

Published here deliberately: a bill page that hides its drafting issues will not survive staff review, and these are mechanical rather than substantive.

Sources

The next step

Champion, endorse, testify, advise — or author. The next step is a 20-minute briefing with Lawrence Baitland, and then your yes or no.