Part 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 152. CORRECTIONAL INSTITUTIONS DIVISION
Subchapter D. OTHER RULES
The Texas Board of Criminal Justice files this notice of intent to review and proposes amendments to §152.51, Authorized Witnesses to the Execution of an Inmate Sentenced to Death. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four (4) years. The amendments are necessary to add clarity, increase the number of victim witnesses to six (6) under certain circumstances and authorize other persons to witness the execution upon approval of the TDCJ Executive Director.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that, for each year of the first five (5) years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first five (5) year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to provide the close relatives of the victim, offender relatives and friends, the media, and public officials the opportunity to witness executions.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendments are proposed under Texas Code of Criminal Procedure, art. 43.20.
Cross Reference to Statutes: Texas Government Code, §492.013.
§152.51.Authorized Witnesses to the Execution of an Offender [Inmate] Sentenced to Death.
(a) Purpose. The purpose of this rule is to specify
those persons who are authorized to witness the
scheduled execution of an offender who has been [
inmate] sentenced to death.
(b) Victim Witnesses. [Definition.
"Close relative of the deceased victim" means the following persons
in relation to the victim for whose death an inmate is sentenced to
death:]
(1) "Close relative of the victim" means the following
persons in relation to the victim for whose death an offender is sentenced
to death: [the spouse of the victim at the time of the
victim's death;]
(A) The spouse of the victim at the time of the victim's death;
(B) A parent or stepparent of the victim;
(C) An adult brother, sister, child or stepchild of the victim (adult is defined as anyone 18 years of age or older); or
(D) An individual who had a close relationship with the victim or has a close relationship with a relative of the victim, upon the recommendation of the Victim Services Division (VSD) and the approval of the Director of the Correctional Institutions Division (CID).
(2) The number of close relatives of the victim
who are permitted to witness an execution may not exceed five (5).
[a parent or stepparent of the deceased victim; or]
(3) If there are fewer than five (5) close relatives
of the victim, others may be permitted to attend the execution as
follows: [
an adult brother, sister, child, or stepchild
of the deceased victim (adult is defined as anyone 18 years of age
or older); or]
(A) Close relatives of a victim for whose death the offender has been convicted but for whose death the offender is not sentenced to death;
(B) If there are still fewer than five (5) persons, close relatives of a victim for whose death the offender is unequivocally responsible, upon the recommendation of the VSD and approval of the Director of the CID; and
(C) If there are multiple victims involved relating to the offense for which the offender has been convicted and sentenced to death, the total number of witnesses shall be increased to six (6).
[(4) another individual
with a close relationship to the deceased victim, or to a close relative
of the victim, upon the recommendation of the Victim Services Division
(VSD) and approval of the Director of the Texas Department of Criminal
Justice Institutional Division (TDCJ-ID). ]
(c) Offender Witnesses. Individuals
that may be offender witnesses are as follows: [The only
persons authorized to witness an execution are as follows:]
(1) Five (5) relatives or friends and a spiritual
advisor, if requested by the condemned offender, are eligible to attend
the execution of the condemned offender if: [departmental
staff as deemed necessary by the Director of the TDCJ-ID;]
(A) The condemned offender provides a list of witnesses and the name or type of spiritual advisor requested to attend the execution to the Classification and Records Department at least 14 days prior to the date of execution; and
(B) The witnesses and spiritual advisor requested by the offender are on the offender's approved Visitors List and the witnesses are 18 years of age or older.
(2) If less than 14 days prior to the scheduled
execution the condemned offender requests to change the names of previously
submitted witnesses or requested spiritual advisor, the offender shall
submit a request in writing to the Director of the CID who shall approve
or disapprove the changes. [members of the Texas Board
of Criminal Justice;]
(3) The spiritual advisor shall be a bona fide
pastor or comparable official (e.g., minister, priest or rabbi) of
the condemned offender's elected religion. [chaplains of
the Texas Department of Criminal Justice;]
[(4) Walker County Judge;]
[(5) Walker County Sheriff;]
[(6) media pool representatives consisting of:]
[(A) one reporter from the Huntsville Item;]
[(B) one reporter from
the United Press International and the Associated Press; ]
[(C) one additional print
media representative and one broadcast representative selected from
rotating lists of applicants maintained by the TDCJ-ID Public Information
Office. ]
[(7) relatives or friends
requested by the condemned inmate, not to exceed five in number, who
are eligible under subsections (d)(1) and (d)(2) of this section,
and one spiritual advisor requested by the condemned inmate who is
eligible under subsection (d) of this section; ]
[(8) close relatives of
the deceased victim not to exceed five in number; and]
[(9) if there are fewer
than five close relatives of the deceased victim:]
[(A) additional close relatives
of a victim for whose death the inmate has been convicted but for
whose death the inmate is not sentenced to death; and ]
[(B) if there are still
fewer than five persons, additional close relatives of a victim for
whose death the inmate is unequivocally responsible, upon the recommendation
of the Victim Services Division and approval of the Director of TDCJ-ID.]
(d) Other Witnesses. The only persons other than
those listed in subsections (b) and (c) above who are authorized to
witness an execution are: [Spiritual Advisor and Relatives
or friends of the inmate.]
(1) Texas Department of Criminal Justice (TDCJ)
staff or law enforcement staff as deemed necessary by the Director
of the CID; [Five relatives or friends and a spiritual
advisor, if requested by the condemned inmate, are eligible to attend
the execution of the condemned inmate if:]
[(A) the condemned inmate
provides a list of witnesses and the name or type of spiritual advisor
he/she wishes to attend the execution to the Bureau of Classification
at least 14 days prior to the date of execution; and]
[(B) the witnesses and
spiritual advisor requested by the inmate are on the inmate's approved
"Visitor's List." ]
(2) Members of the Texas Board of Criminal Justice (TBCJ); [
If less than 14 days prior to the scheduled execution,
the condemned inmate wishes to change the names of his/her witnesses
or spiritual advisor, the inmate shall submit a request in writing
to the Director of TDCJ-ID who shall approve or disapprove the changes.]
(3) Inspector General or designee and the Office of the Inspector General (OIG) assigned staff as deemed necessary by the Inspector General;
(4) [(3)] TDCJ Chaplains; [
The spiritual advisor must be a bonafide pastor or comparable official
(e.g., minister, priest, or rabbi) of the church of the condemned
inmate's elected religion.]
(5) Walker County Judge;
(6) Walker County Sheriff;
(7) Media pool representatives consisting of:
(A) One (1) reporter from the Huntsville Item;
(B) One (1) reporter from the Associated Press (AP);
(C) Three (3) additional print media and/or broadcast media representatives selected from rotating lists of applicants maintained by the TDCJ Public Information Office; and
(8) Any other person as approved by the TDCJ Executive Director.
(e) Prohibition of Attendance. [on attendance.] Any
offender [inmate] currently
confined within the TDCJ is specifically denied authorization to witness
the execution of an offender. [inmate sentenced to death.]
(f) Victim Notification.
(1) The VSD shall maintain a list of scheduled executions and any subsequent updates regarding significant changes pertaining to the execution (e.g., dates, court rulings, etc.). The Executive Clemency Section of the Board of Pardons and Paroles (BPP) will provide a list of scheduled executions to the VSD in an expedient manner.
[(1) The TDCJ-ID Victim
Services Liaison (VSL) shall be responsible for maintaining a list
of scheduled executions.]
[(2) The VSL/Emergency
Action Center (EAC) shall provide a list of scheduled executions to
the TDCJ (VSD). Subsequent updates regarding significant changes pertaining
to the execution (e.g., dates, court rulings, etc.) shall also be
provided to the TDCJ VSD by the VSL/EAC in an expedient manner.]
(2) [(3)] The VSD is responsible
for notifying the victim(s) and/or close relatives of the
victim of the scheduled execution date, time[,
] and location,
upon request. It is the responsibility of the
victim(s) and/or close relatives [relatives
] to notify the [TDCJ]
VSD of any subsequent address or telephone number changes
and their intent to attend.
(3) [(4)] The relatives [
relative] of the victim shall [must] be
identified and approved by the VSD.
(4) [(5)] It is the responsibility
of the VSD to notify the Director of the CID, [VSL,]
no later than five (5)
days prior to the scheduled execution
date, of the names and contact numbers for
the victim's witnesses who plan [
those persons planning] to attend.
(5) [(6)] The VSD shall contact the relatives
[relative] of the victim and provide
information regarding the written procedures affecting their participation.
(g) Requirements for the Execution Chamber. [
execution chamber.] The room provided for the execution shall
be arranged so that:
(1) There [there] is sight and
sound separation between any offender witnesses and any victim
witnesses; [relative or friend of the condemned inmate
and any close relative of a deceased victim;] and
(2) There [there] is sound separation
between the condemned offender [inmate] and
those in attendance, except [that] arrangements shall be
provided to [that] allow those in attendance
to hear the statements of the condemned offender. [
inmate.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 28, 2008.
TRD-200801623
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: May 11, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice files this notice of intent to review and proposes amendments to §159.1, Substance Abuse Felony Punishment Facilities (SAFPF) Eligibility Criteria. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four (4) years. The proposed amendments are necessary to conform to state law.
Charles Marsh, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that, for each year of the first five (5) years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Marsh has also determined that, for the first five (5) year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to provide substance abuse treatment for eligible offenders.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendments are proposed under Texas Government Code §493.009 and Texas Code of Criminal Procedure, art. 42.12, §14.
Cross Reference to Statutes: Texas Government Code, §492.013.
§159.1.Substance Abuse Felony Punishment Facilities (SAFPF) Eligibility Criteria.
(a) Offenders [Defendants] with a detainer
filed by the United States Immigration and Customs
Enforcement, or a felony detainer, or misdemeanor detainer, or
pending charges except as noted in subsection (d) below are
not eligible to participate unless the jurisdiction that placed the
detainer agrees not to seek custody of the defendant until after the
program and continuum of care requirements have been completed. Exceptions
may be made on a case by case basis for offenders whose sentences
are being served concurrently, provided that the sentence length is
the same or less than the term of confinement in the SAFPF.
(b) Offenders shall [Persons must]
be physically and mentally capable of uninterrupted participation
in a rigorous, stressful, and confrontational therapeutic community program.
Offenders [Defendants] with special
medical or psychological needs shall [must]
meet the eligibility criteria for the Special Needs SAFPF as defined
in both the Community Justice Assistance Division CJAD/SAFPF
Procedure Manual and the Substance Abuse Treatment Operations Manual.
(c) Offenders [Persons] who have
signs or symptoms of acute drug or alcohol withdrawal or who require
detoxification are not eligible to participate until they have detoxified.
(d) Pretrial detainees are eligible to participate if ordered to do so pursuant to a drug court program established under Chapter 469, Health and Safety Code, or a similar program. The detainee must have already been ordered to participate in an outpatient substance abuse treatment program or a residential substance abuse treatment facility, if available, as a condition of a pretrial order for the charges that are currently pending and has been unsuccessfully discharged from both programs.
(e) Offenders convicted of offenses for which sex offender registration is required are not eligible to participate.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 28, 2008.
TRD-200801624
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: May 11, 2008
For further information, please call: (512) 463-0422