37 TAC §145.6
The Policy Board of the Texas Board of Pardons and Paroles
proposes an amendment to 37 TAC §145.6 concerning Notification of Parole
Panel Decision. The amendment is proposed in order to reflect the Board's
ongoing efforts to have more efficient procedures in place for parole release
decisions. The proposed amendment, approved by the Policy Board on July 27,
2000, relating to notification by the parole panel of the decision to approve
or deny release to parole, is to add subsection (e) to give the inmate notice
that parole approval will be indicated by "A," and that parole denial will
be indicated by "D."
Gerald Garrett, Chair of the Policy Board, has determined that for the
first five-year period the amended rule is in effect, there will be no fiscal
implications for state or local government.
Chairman Garrett has also determined that for each year of the first five
years the proposed amended rule is given effect, the public benefit anticipated
as a result of enforcing the amended rule will be to clarify procedures related
to parole decision-making.
There will be no effect on small businesses or micro-businesses. There
is no anticipated economic cost to persons required to comply with the amended
rule as proposed.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, 209 West 14th Street, 5th Floor, Austin, Texas 78701,
or to the following electronic mail address: laura.mcelroy@tdcj.state.tx.us.
Written comments from the public should be received within 30 days of the
publication of the proposed amended rule.
The amendment is proposed under §508.036, Government Code,
which grants the Policy Board the power to promulgate rules relating to the
decision-making process used by the Board and parole panels; and under §508.044,
Government Code, which provides that a Board member shall determine which
inmates are to be released on parole and which also provides that the Policy
Board may adopt reasonable rules as the Policy Board considers proper or necessary
relating to release of an inmate on parole or mandatory supervision; and under §508.144,
which requires the Board to develop guidelines that are the basic criteria
on which a parole decision is made.
There is no cross-reference to the proposed amended rule.
§145.6.Notification of Parole Panel Decision.
(a)-(d)
(No change.)
(e)
Parole approval will be indicated by "A"
and denial will be indicated by "D."
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 July 31, 2000.
TRD-200005264
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: September 10, 2000
For further information, please call: (512) 463-1883