Adopted Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

Part 5. TEXAS BOARD OF PARDONS AND PAROLES

Chapter 141. GENERAL PROVISIONS

Subchapter C. SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS

37 TAC §141.61

The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §141.61, concerning representation of an offender. The amendment is adopted without change to the proposed text as published in the March 14, 2008, issue of the Texas Register (33 TexReg 2267). The text of the rule will not be republished.

The amended rule is adopted for the purpose of clarifying the language of the rule.

No public comment was received regarding adoption of the amendment.

The amended rule is adopted under §508.082 and §508.083, Government Code. Section 508.082 requires the board to adopt rules relating to the submission and presentation of information and arguments to the board, a parole panel, and the department for and in behalf of an inmate. Section 508.083 relates to representation of an inmate in a matter before the board or a parole panel.

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

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 May 19, 2008.

TRD-200802589

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: June 8, 2008

Proposal publication date: March 14, 2008

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

Chapter 145. PAROLE

Subchapter A. PAROLE PROCESS

37 TAC §145.15

The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §145.15, concerning action upon review; extraordinary vote. The amendment is adopted with one change to the proposed text as published in the March 14, 2008, issue of the Texas Register (33 TexReg 2268). The text of the rule will be republished.

The amended rule is adopted for the purposes of adding new language to establish a voting option for placement of offenders into the Sex Offender Education Program (SOEP) or the Sex Offender Treatment Program (SOTP). One non-substantive change was made in §145.15(a), §21.02 was added to the current language.

No public comment was received regarding adoption of the amendment.

The amendment is adopted under §508.036, Government Code, which provides the board with the authority to promulgate rules relating to the board's decision-making processes, and §508.044, Government Code, providing the board with the authority to adopt rules relating to the eligibility of an inmate for release on parole or mandatory supervision.

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

§145.15.Action Upon Review; Extraordinary Vote.

(a) This section applies to any offender convicted of a capital offense under §§21.02, 21.11(a)(1) or 22.021, Penal Code, or who is required under §508.145(c), Government Code, to serve 35 calendar years before becoming eligible for parole review. All members of the board shall vote on the release of an eligible offender. At least two-thirds of the members must vote favorably for the offender to be released to parole. Members of the board shall not vote until they receive and review a copy of a written report from the department on the probability of the offender committing an offense after being released.

(1) Upon review, use of the full range of voting options is not conducive to determining whether two-thirds of the board considers the offender ready for release to parole.

(2) If it is determined that circumstances favor the offender's release to parole the board has the following voting options available:

(A) FI-1: Release the offender when eligible; or

(B) FI-4R (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four months from specified date. Such TDCJ program shall be either the Sex Offender Education Program (SOEP) or the Sex Offender Treatment Program (SOTP).

(C) FI-18 R (Month/Year): Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than eighteen months from the specified date. Such TDCJ program may include the Sex Offender Treatment Program (SOTP). In no event shall the specified date be set more than three years from the current panel decision date.

(3) If it is determined that circumstances do not support a favorable action upon review, the following options are available:

(A) NR (Month/Year): Deny release and set the next review date for 36 months following the panel decision date; or

(B) SA: The offender's minimum or maximum expiration date is less than 36 months away. The offender will continue to serve their sentence until that date.

(b) If the offender is sentenced to serve consecutive sentences and each sentence in the series is for an offense committed on or after September 1, 1987, the following voting options are available to the board panel:

(1) CU/FI (Month/Year-Cause Number): A favorable parole action that designates the date an offender would have been released if the offender had been sentenced to serve a single sentence;

(2) CU/NR (Month/Year-Cause Number): Deny release and set the next review date for 36 months following the panel decision date; or

(3) CU/SA (Month/Year-Cause Number): Deny release and order serve-all if the offender is within 36 months of their maximum expiration date.

(c) Some offenders are eligible for consideration for release to Discretionary Mandatory Supervision if the sentence is for an offense committed on or after September 1, 1996. Prior to the offender reaching the projected release date, the voting options are the same as those listed in subsections (a) and (b) of this section. If TDCJ-CID determines that release of the offender will occur because the offender will reach the projected release date, the case shall be referred to a three-member parole panel within 30 days of the offender's projected release date for consideration for release to mandatory supervision using the following options:

(1) RMS: Release to mandatory supervision; or

(2) DMS (Month/Year): Deny release to mandatory supervision and set for review on a future specific month and year. The next mandatory supervision review date shall be set one year from the panel decision date.

(d) Upon review of any eligible offender who qualifies for release to Medically Recommended Intensive Supervision (MRIS), the MRIS panel shall initially vote to either recommend or deny MRIS consideration. The MRIS panel shall base this decision on the offender's medical condition and medical evaluation, and shall determine whether the offender constitutes a threat to public safety.

(1) If the MRIS panel determines the offender does constitute a threat to public safety, no further voting is required.

(2) If the MRIS panel determines that the offender does not constitute a threat to public safety, the case shall be sent to the full board, which shall determine whether to approve or deny the offender's release to parole. The following voting options are available to the board:

(A) Approve MRIS: The board shall vote FI-1 and impose special condition "O"-"The offender shall comply with the terms and conditions of the MRIS program and abide by a Texas Correctional Office for Offenders with Mental or Medical Impairments (TCOOMMI)-approved release plan. At any time this condition is in effect, an offender shall remain under the care of a physician and in a medically suitable placement"; the board shall provide appropriate reasons for the decision to approve MRIS.

(B) Deny MRIS: The board shall provide appropriate reasons for the decision to deny MRIS.

(3) The decision to approve release to MRIS for an offender remains in effect until specifically withdrawn by the board.

(e) If a request for a special review meets the criteria set forth in §145.17(f) of this title (relating to Action upon Special Review--Release Denied), the offender's case shall be sent to the special review panel.

(1) The special review panel may take action as set forth in §145.17(i) of this title.

(2) When the special review panel decides the offender's case warrants a special review, the case shall be re-voted by the full board. The presiding officer shall determine the order of the voting panel. Voting options are the same as those in subsections (a) - (c) of this section.