TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 5. TEXAS BOARD OF PARDONS AND PAROLES

Chapter 143. EXECUTIVE CLEMENCY

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §143.43 and §143.57, concerning the procedure in capital reprieve cases and commutation of death sentence to lesser penalty. The amendments are adopted without change to the proposed text as published in the June 9, 2006, issue of the Texas Register (31 TexReg 4705). The text of the rules will not be republished.

The amended rules are adopted for the purpose of clarifying the address for submission of an application and supplemental information for a reprieve and commutation of death sentence to a lesser penalty.

No public comment was received regarding adoption of the amendment.

Subchapter D. REPRIEVE OF EXECUTION

37 TAC §143.43

The amended rules are adopted under Article IV, Section 11 of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that invest the Board of Pardons and Paroles with the power to recommend clemency, including pardons, commutations of sentence, and reprieves; and under §508.036(b), Government Code, that provides the Board with authority to adopt rules relating to the decision-making processes used by the Board of Pardons and Paroles.

No other statutes, articles, or codes are affected by the amendment.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 21, 2006.

TRD-200603835

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 10, 2006

Proposal publication date: June 9, 2006

For further information, please call: (512) 406-5388


Subchapter E. COMMUTATION OF SENTENCE

37 TAC §143.57

The amended rules are adopted under Article IV, Section 11 of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that invest the Board of Pardons and Paroles with the power to recommend clemency, including pardons, commutations of sentence, and reprieves; and under §508.036(b), Government Code, that provides the Board with authority to adopt rules relating to the decision-making processes used by the Board of Pardons and Paroles.

No other statutes, articles or codes are affected by these amendments.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 21, 2006.

TRD-200603837

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 10, 2006

Proposal publication date: June 9, 2006

For further information, please call: (512) 406-5388


Chapter 145. PAROLE

Subchapter A. PAROLE PROCESS

37 TAC §145.3

The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §145.3, concerning policy statements relating to parole release decisions by the Board of Pardons and Paroles. The amendment is adopted without change to the proposed text as published in the June 9, 2006, issue of the Texas Register (31 TexReg 4707). The text of the rule will not be republished.

The amended rule is adopted for the purpose of updating the cross references to 37 TAC §145.17 and clarifying the language of the rule.

No public comment was received regarding adoption of the amendment.

The amended rule is adopted under §§508.036, 508.0441, and 508.141, Government Code. Section 508.036 provides the board with the authority to adopt rules relating to the decision-making processes used by the board and parole panels. Section 508.0441 provides the board with the authority to adopt reasonable rules as proper or necessary relating to the eligibility of an inmate for release on parole or release to mandatory supervision. Section 508.141 provides the board with the authority to consider and order release on parole.

No other statutes, articles, or codes are affected by the amendment.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 21, 2006.

TRD-200603833

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 10, 2006

Proposal publication date: June 9, 2006

For further information, please call: (512) 406-5388


37 TAC §145.16

The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §145.16, concerning action upon special review--release approved. The amendment is adopted without change to the proposed text as published in the June 9, 2006, issue of the Texas Register (31 TexReg 4707). The text of the rule will not be republished.

The amended rule is adopted for the purpose of updating the language of the section title and to clarify the procedures regarding subsequent reviews of parole panel votes to approve release to parole or mandatory supervision.

No public comment was received regarding adoption of the amendment.

The amended rule is adopted under §§508.036, 508.0441, and 508.141, Government Code. Section 508.036 provides the board with the authority to adopt rules relating to the decision-making processes used by the board and parole panels. Section 508.0441 provides the board with the authority to adopt reasonable rules as proper or necessary relating to the eligibility of an inmate for release on parole or release to mandatory supervision. Section 508.141 provides the board authority to consider and order release on parole.

No other statutes, articles, or codes are affected by the amendment.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 21, 2006.

TRD-200603831

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 10, 2006

Proposal publication date: June 9, 2006

For further information, please call: (512) 406-5388


37 TAC §145.17

The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §145.17, concerning action upon special review--release denied. The amendment is adopted with one change to the proposed text as published in the June 9, 2006, issue of the Texas Register (31 TexReg 4708). The purpose of the change is to specify who may submit a request for special review. The text of the rule will be republished.

The amended rule is adopted for the purpose of updating the language of the section title and to clarify the procedures regarding subsequent reviews of parole panel votes to deny release to parole or mandatory supervision.

No public comment was received regarding adoption of the amendment.

The amended rule is adopted under §§508.036, 508.0441, and 508.141, Government Code. Section 508.036 provides the board with the authority to adopt rules relating to the decision-making processes used by the board and parole panels. Section 508.0441 provides the board with the authority to adopt reasonable rules as proper or necessary relating to the eligibility of an inmate for release on parole or release to mandatory supervision. Section 508.141 provides the board authority to adopt policy establishing the date on which the board may reconsider for release an inmate who has previously been denied release.

No other statutes, articles, or codes are affected by the amendment.

§145.17.Action upon Special Review--Release Denied.

(a) This rule provides a forum for receipt and consideration of information not previously available to the parole panel where the decision of the panel was to deny release to parole or mandatory supervision. While affording a remedy for consideration of such information, the Board also intends by this rule to reduce frivolous and duplicate requests for special consideration.

(b) Requests for special review shall apply only to cases reviewed for release to parole or mandatory supervision where the decision of the parole panel was to deny release to parole or mandatory supervision.

(c) All requests for special review shall be in writing and signed by the offender or their attorney.

(d) All requests for special review shall be filed with the Texas Board of Pardons and Paroles, Board Administrator, P.O. Box 13401, Austin, Texas 78711.

(e) The board administrator shall refer to the special review parole panel only those requests for special review which meet the criteria set forth herein.

(f) Requests for special review shall be considered in the following circumstances:

(1) a parole panel denied release to parole or mandatory supervision and a parole panel member who voted with the majority on that panel desires to have the decision reconsidered prior to the next review (NR) date; or

(2) a written request on behalf of an offender is received which cites information not previously available to the parole panel.

(3) both parole panel members who voted with the majority are no longer active board members or parole commissioners, and the presiding officer (chair) places the decision in the special review process to be reconsidered prior to the NR date.

(g) Information not previously available shall mean only:

(1) responses from trial officials and victims;

(2) a change in an offender's sentence and judgment; or

(3) an allegation that the parole panel has committed an error of law or board rule.

(h) A special review parole panel, other than the current voting panel, shall decide and exercise final action on such requests for special review.

(i) Upon considering a case for special review, the special review parole panel may take the following action:

(1) defer for request and receipt of further information;

(2) vote remain set; or

(3) revote the case in accordance with applicable provisions of Subchapter A of this chapter (relating to Parole Process).

(j) The special review parole panel shall not set an offender's NR date on a date later than the previous NR date.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 21, 2006.

TRD-200603832

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 10, 2006

Proposal publication date: June 9, 2006

For further information, please call: (512) 406-5388


Subchapter B. TERMS AND CONDITIONS OF PAROLE

37 TAC §145.21

The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §145.21, concerning parole in absentia (parole review and mandatory supervision for offenders not in actual physical custody of the TDCJ Correctional Institutions Division). The amendment is adopted without change to the proposed text as published in the June 9, 2006, issue of the Texas Register (31 TexReg 4709). The text of the rule will not be republished.

The amended rule is adopted for the purpose of updating the cross references to 37 TAC §145.16 and §145.17, in the language of the rule.

No public comment was received regarding adoption of the amendment.

The amended rule is adopted under §§508.036, 508.0441, and 508.141, Government Code. Section 508.036 provides the board with the authority to adopt rules relating to the decision-making processes used by the board and parole panels. Section 508.0441 provides the board with the authority to adopt reasonable rules as proper or necessary relating to the eligibility of an inmate for release on parole or release to mandatory supervision. Section 508.141 provides the board with the authority to consider and order release on parole.

No other statutes, articles, or codes are affected by the amendment.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 21, 2006.

TRD-200603834

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 10, 2006

Proposal publication date: June 9, 2006

For further information, please call: (512) 406-5388