37 Tex. Admin. Code § 145.17 - Action upon Special Review-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. If the denial decision was based upon erroneous information or an administrative file processing error, this rule does not apply.

(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 and signed by the offender, his or her attorney, or in cases where the offender is unable to sign due to a mental or physical impairment, by a person acting on his or her behalf.

(d) All requests for special review shall be filed with the Texas Board of Pardons and Paroles, Board Administrator, 8610 Shoal Creek Blvd., Austin, Texas 78757.

(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) Requests for special review shall be considered in the following circumstances:

(1) a written request on behalf of an offender is received which cites information not previously available to the parole panel; or

(2) 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 (NR) date; or

(3) if both parole panel members who voted with the majority are no longer active Board Members or Parole Commissioners, the Presiding Officer Chair places the case in the special review process to be reconsidered prior to the NR date.

(g) 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 has committed an error of law or Board rule.

(h) Erroneous information shall mean information provided to the parole panel during the review process that may have been utilized as a basis for denial but is later determined to be inaccurate.

(i) Administrative processing error shall mean an action during the processing of an offender's file which results in the omission of or the recording of inaccurate information with respect to voting, denial reasons, or NR dates.

(j) A special review parole panel, other than the current voting panel, shall decide and exercise final action on such requests for special review.

(k) 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) vote remain set; or

(3) revote the case in accordance with applicable provisions of Subchapter A of this chapter (relating to Parole Process).

(l) The special review parole panel shall not set an offender's NR date on a date later than the previous NR date.

Notes

37 Tex. Admin. Code § 145.17

The provisions of this §145.17 adopted to be effective February 3, 1999, 24 TexReg 788; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective July 13, 2004, 29 TexReg 6733; amended to be effective June 12, 2005, 30 TexReg 3261; amended to be effective August 10, 2006, 31 TexReg 6238; amended to be effective December 9, 2007, 32 TexReg 8854; amended to be effective February 18, 2009, 34 TexReg 1096; Amended by Texas Register, Volume 40, Number 31, July 31, 2015, TexReg 4905, eff. 8/6/2015; Amended by Texas Register, Volume 41, Number 06, February 5, 2016, TexReg 970, eff. 2/11/2016; Amended by Texas Register, Volume 43, Number 45, November 9, 2018, TexReg 7466, eff. 11/18/2018