37 Tex. Admin. Code § 145.3 - Policy Statements Relating to Parole Release Decisions by the Board of Pardons and Paroles
To aid the Board in its analysis and research of parole release, the Board adopts the following policies.
(1) Release to parole is a privilege, not an
offender right, and the parole decision maker is vested with complete
discretion to grant, or to deny, parole release as defined by statutory law.
(A) Candidates for parole are evaluated on an
individual basis.
(B) There are no
mandatory rules or guidelines that must be followed in every case because each
offender is unique. The Board and Parole Commissioners have the statutory duty
to make release decisions, which are only in the best interest of society. The
Board and parole panels use parole guidelines as a tool to aid in the
discretionary parole decision process.
(2) The Board will reconsider for release an
offender, other than an offender serving a sentence for an offense listed in
Section
508.149(a),
Government Code as soon as practicable after the first anniversary of the date
of denial.
(3) The Board will
reconsider for release an offender who is serving a sentence for an offense
under Section
508.149(a),
Government Code or an offense punishable as a second or third degree felony
under Section
22.04, Penal Code, after
the first anniversary date of the denial and end before the fifth anniversary
date of the denial, but in no event shall it be less than one (1) calendar year
from the panel decision date.
(4)
The Board will reconsider for release an offender who is serving a sentence for
an offense under Section
22.021, Penal Code; or
serving a life sentence for a capital felony, who is eligible for parole, after
the first anniversary of the date of the denial and before the 10th anniversary
of the date of denial.
(5) An
offender will be considered for parole when eligible and when the offender
meets the following criteria with regard to behavior during incarceration.
(A) Other than on initial parole eligibility,
the offender must not have had a major disciplinary misconduct report in the
six-month period prior to the date he is reviewed for parole, which has
resulted in loss of good conduct time or reduction to a classification status
below that assigned during that offender's initial entry into the
TDCJ-CID.
(B) Other than on initial
parole eligibility, at the time he is reviewed for parole the person must be
classified in the same or higher time earning classification assigned during
that person's entry into the TDCJ-CID.
(C) If an offender who has received an
affirmative vote to parole and, following the vote, notification is received
that the offender has been reduced below initial classification status or has
lost good conduct time, the parole decision will be reviewed and revoted by the
parole panel that rendered the decision.
(D) A person who has been revoked and
returned to custody for a violation of the conditions of release to parole or
mandatory supervision will be considered for release to parole or mandatory
supervision when eligible.
(E) An
offender who is otherwise eligible for parole and who has charges pending
alleging a felony offense committed while in the TDCJ, any facility under its
supervision, or a facility under contract with the TDCJ, and for which a
complaint has been filed with a magistrate of the State of Texas, will not be
considered for release to parole.
(F) An offender who is otherwise eligible for
release and meets the criteria for Medically Recommended Intensive Supervision
(MRIS) as required by Section
508.146, Government
Code may be considered for release on parole.
(6) Any consideration by a Board Member or
Parole Commissioner of an offender's litigation activities when determining an
offender's candidacy for parole is strictly prohibited. No offender will be
denied the opportunity to present to the judiciary, including appellate courts,
his or her allegations concerning violations of fundamental constitutional
rights. Any consideration of such legal activity during the parole review,
supervision, or revocation process is a violation of Board policy. In the event
parole is denied in violation of this section, the offender may pursue a remedy
under the special review provisions of §
145.17 of this title (relating to
Action upon Special Review--Release Denied). In the event parole or mandatory
supervision is revoked in violation of this section, the offender may pursue a
remedy under the motion to reopen hearing provisions of §
146.11 of this title (relating to
Releasee's Motion to Reopen Hearing or Reinstate Supervision).
Notes
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