37 TAC §145.17
The Texas Board of Pardons and Paroles proposes an amendment
to 37 TAC §145.17, concerning action upon special review of information
not previously available--release denied. The amendment is proposed for the
purpose of clarifying the procedures regarding subsequent reviews of parole
panel votes to deny release to parole or mandatory supervision.
Rissie Owens, Chair of the Board, has determined, that for the first five-year
period the proposed amendment is in effect, no fiscal implications exist for
state or local government as a result of enforcing or administering this section.
Ms. Owens also has determined that for each year of the first five years
the amended rule as proposed is in effect, the public benefit anticipated
as a result of the amendment to this section will be to bring the rules into
compliance with current board practice. There will be no effect on small 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, 211 W. 14th Street, Suite 500, Austin, Texas 78701.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The amended rule is proposed under §§508.0441, 508.045,
508.141, and 508.147 Government Code. Sections 508.0441, 508.045, 508.141,
and 508.147 authorize the Board to adopt reasonable rules as proper or necessary
relating to the eligibility of an offender for release to parole or mandatory
supervision; to act on matters of release to parole or mandatory supervision;
to consider and order release on parole; and release to mandatory supervision.
No other statutes, articles, or codes are affected by the amendment.
§145.17.Action upon Special Review of Information Not Previously Available--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.
(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)
[
(d)
] 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 date; or
(2)
a
written request
[
petition
] on behalf
of an offender cites information not previously available to the parole panel.
Information not previously available shall mean only:
(A)
responses from trial officials
and victims;
(B)
a change in an offender's sentence
and judgment; or
(C)
an allegation that the parole
panel has committed an error of law or board rule.
(3)
[
If
] both parole panel members who voted with
the majority are no longer active board members or parole commissioners,
and
the presiding officer (chair) or designated board member may places
the decision in the special review process to be reconsidered prior to the
next review date.
[
(e)
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 commits
an error of law or board rule.]
[
(f)
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.]
[
(g)
The board administrator shall
refer to the special review parole panel only those requests for special review
which meet the criteria set forth herein.]
(g)
[
(h)
] A special review parole panel,
other than the current voting panel, shall decide and exercise final action
on such requests for special review.
(h)
[
(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)
grant special review, and either
[
deny
special review; or
]
(A)
vote remain set, or
(B)
revote the case in accordance
with applicable provisions of Chapter 145 of this title (relating to Parole
Process).
[
(3)
grant special review and revote
the case in accordance with applicable provisions of Chapter 145 of this title
(relating to Parole Process).]
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 February 18, 2005.
TRD-200500776
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: April 3, 2005
For further information, please call: (512) 406-5388