TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 5. TEXAS BOARD OF PARDONS AND PAROLES

Chapter 145. PAROLE

Subchapter A. PAROLE PROCESS

37 TAC §145.1, §145.2

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §145.1, concerning parole decision-maker, and §145.2, concerning standard parole guidelines. The amendments are adopted without change to the proposed text as published in the September 20, 2002 issue of the Texas Register (27 TexReg 8909). The text of the rules will not be republished.

The amendments are adopted as an addition to Chapter 145, Parole. The purpose of the amendments is to conform the language of the rules to that of current board practice and to adopt into rule the board's guidelines currently being used in making parole release decisions.

No comments were received regarding adoption of the amendments.

These amendments are adopted under §508.036, §508.044, §508.046 and §508.144, Government Code. The board interprets §508.036 and §508.044 as relating to the Policy Board's duty to adopt rules as it considers proper or necessary concerning the decision making processes used by the Board and parole panels, and to determine which offenders are to be released to parole or mandatory supervision. The board interprets §508.046 as relating to extraordinary vote, and §508.144, as relating to parole guidelines.

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 February 28, 2003.

TRD-200301495

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Effective date: March 20, 2003

Proposal publication date: September 20, 2002

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


Subchapter B. TERMS AND CONDITIONS OF PAROLE

37 TAC §145.22

The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §145.22, concerning the rules and conditions of parole and the supervision of Texas offenders in other states. The amendment is adopted without change to the proposed text as published in the September 20, 2002 issue of the Texas Register (27 TexReg 8910). The text of the rule will not be republished.

The amendment is adopted as an addition to Chapter 145, Parole. The purpose of the amendment is to update the language and bring the section into compliance with current board practice.

No comments were received regarding adoption of the amendment.

The amendment is proposed under §508.036, §508.044 and §508.154, Government Code. The board interprets §508.036 and §508.044 as authorizing the Policy Board to adopt reasonable rules relating to the decision-making processes used by parole panels. The board interprets §508.154 as relating to an offender's requirement to be amenable to the conditions of supervision ordered by a parole panel.

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 February 28, 2003.

TRD-200301494

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Effective date: March 20, 2003

Proposal publication date: September 20, 2002

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