Parole Process

  • §145.1. Parole Decision-Maker
    • (a) The board is the parole release decision-maker of persons convicted of a Capital felony, or an offense under §§21.11 (a)(1), 22.021, or 12.42 (d)(2) of the Penal Code. The board may grant parole only upon a two-thirds vote of the entire membership of the board. The board is not required to meet as a body to perform this duty.
    • (b) In all other matters of Parole and Mandatory Supervision and Revocation of Parole and Mandatory Supervision, a three-member parole panel is the parole decision-maker. A parole panel may consider for parole any eligible person and upon approval by panel majority may release such person on parole. The members of a parole panel are not required to meet as a body to perform these decision-making duties.

The provisions of this §145.1 adopted to be effective July 1, 1994. 19 TexReg 4754, amended to be effective January, 6, 1997. 21 TexReg 12426.

  • §145.2. Standard Parole Guidelines
    • (a) The parole decision-maker is vested with complete discretion in making parole decisions to accomplish the mandatory duties found in Code of Criminal Procedure, Article 42.18.
    • (b) There are no mandatory rules or criteria upon which parole release decisions must be based. The parole decision-maker has the complete discretion to investigate a candidate for parole.
      • (1) To assist the parole decision-maker in its investigation of a possible parole release, the board has adopted standard parole guidelines that are the basis, but not the exclusive criteria upon which parole decisions are made.
      • (2) The standard parole guidelines shall include:
        • (A) current offense or offenses;
        • (B) time served;
        • (C) the risk factors (consideration for public safety);
        • (D) institutional adjustment;
        • (E) the criminal history;
        • (F) official information supplied by trial officials including victim impact statements;
        • (G) information in support of parole.
    • (c) The adoption and use of the standard parole guidelines does not imply the creation of any parole release formula, or a right or expectation by an inmate to parole based upon the guidelines. A parole score and salient factor while utilized for research and reporting is not to be construed so as to indicate the parole decision. The standard parole guidelines shall serve as an aid in the parole decision process and the parole decision shall be at the discretion of the parole decision-maker.
    • (d) The Board is authorized to revise the standard parole guidelines as warranted.

The provisions of this §145.2 adopted to be effective May 1, 1995, 20 TexReg 2861 1995, 20 TexReg 2861.

  • §145.3. Policy Statements Relating to Parole Release Decisions by the Board of Pardons and Paroles

    To aid the Board of Pardons and Paroles in its analysis and research of parole release, the board adopts the following policies.

    • (a) Release to parole is a privilege, not an inmate right, and the parole decision maker is vested with complete discretion to grant, or to deny parole release as defined by statutory law.
      • (1) Candidates for parole are to be evaluated on an individual basis.
      • (2) There are no mandatory rules or guidelines for analysis or set release criteria that must be followed in every case because each inmate is unique.
      • (3) Since the board has the statutory duty to make release decisions which are only in the best interest of society, and "when it thinks an inmate is able and willing to be a law abiding citizen, set guidelines are merely optional tools to aid in the completely discretionary parole decision.
    • (b) An inmate will be considered for parole when he becomes statutorily eligible and meets the following criteria dealing with his behavior while incarcerated.
      • (1) Other than on initial parole eligibility, the person 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 time and/or reduction to a classification status below that assigned during that person's initial entry into TDCJ-ID.
      • (2) 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 initial entry into TDCJ-ID.
      • (3) If any inmate who has received an affirmative vote to parole and following the vote, notification is received that the inmate has been reduced below initial classification status or has lost good time, the parole decision will be reviewed and revoted by the parole decision maker.
      • (4) An administrative release violator (parole or mandatory supervision violator) who has been revoked for technical reasons will be eligible for release to parole when he has been incarcerated for 12 months calendar time, to be computed from his date of return to custody as an administrative release violator.
      • (5) An administrative release violator (parole or mandatory supervision violator) with a new felony conviction or convictions will be eligible for parole when he has served 12 months calendar time or has accumulated sufficient time to become eligible for parole on the new sentence, whichever is greater.
      • (6) An inmate who is convicted of a felony offense committed while confined in the TDCJ Institutional Division, or in a facility under the supervision of the TDCJ, or under contract to the TDCJ, in a jail in this state, a federal correctional institution, or a jail or correctional institution in another state will be considered eligible for parole after the inmate has served either three years flat time from the date the offense occurred or has served the new sentence in calendar days, whichever is less.
      • (7) An inmate who is otherwise statutorily eligible for parole and who is charged with a felony offense committed while in the TDCJ, any facility under its supervision, or a facility under contract to the TDCJ will not be released to parole until the felony charge if finally adjudicated and the board notified of the final disposition for appropriate board action.
      • (8) An inmate may be approved for parole under the condition that he complete the In-Prison Therapeutic Community Program (IPTC) or Substance Abuse Felony Punishment Facility Program (SAFPF) and any requirements of those programs, such as after-care. An inmate approved for parole under these conditions will be reconsidered if he fails to complete the requirements of a special treatment/educational program, to include after-care components of the program.
    • (c) Any consideration by a Board member of an inmate's litigation activities when determining an inmate's candidacy for parole is strictly prohibited. No inmate 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 process is a violation of Board policy. In the event parole is denied in violation of this subsection, the inmate may pursue a remedy under the special review, provisions of §145.16(b) of this title (relating to Action Upon Review of Additional Information).

Provisions of this §145.3 adopted to be effective May 1, 1995. 20 TexReg 2862; amended to be effective August 14, 1996, 21 TexReg 7564; amended to be effective January 6, 1997, 21 TexReg 12427.

  • §145.4. Policy Statements Relating to Felony -Consecutive Sentences.
    • (a) A parole panel may not treat consecutive sentences as a single sentence for purposes of parole.
    • (b) A parole panel shall treat consecutive felony sentences singularly and in sequence.
    • (c) A parole panel may not release on parole a prisoner sentenced to serve consecutive felony sentences earlier than the date on which the prisoner becomes eligible for release on parole from the last sentence imposed on the prisoner.
    • (d) A parole panel shall designate during each sentence the date, if any, on which the prisoner would have been eligible for release on parole if the prisoner had been sentenced to serve a sin-le sentence.

The provisions of this §145.4 adopted to be effective April 7, 1997, 22 TexReg 3042.

  • §145.12. Action upon Review

    A case reviewed by a parole panel for parole consideration may be:

    • (a) deferred for request and receipt of further information.
    • (b) denied a favorable parole action at this time and set for review on a future specific month and year (Set-Off). The next review docket date (Month/Year) may be set at any date in the three year incarceration period following the prior parole docket date, but in no event shall it be less than one calendar year from either the prior parole docket date or the date of the panel decision if the prior parole docket date has passed;
    • (c) deny parole and order serve-all, but in no event shall this be utilized if the inmate's minimum expiration date is over three years from either the prior parole docket date or the date of the panel decision if the prior parole docket date has passed. If the serve-all date in effect on the date of the panel decision is extended by more than 180 days, the case shall be placed in regular parole review;
    • (d) determined that the totality of the circumstances favor the inmate's release on parole, further investigation (FI) is ordered in the following manner; and, upon release to parole, all conditions of parole or release to mandatory supervision that the parole panel is required by law to impose as a condition of parole or release to mandatory supervision are imposed;
      • (1) Fl-1--release when eligible;
      • (2) FI-2 (Month/Year)--release on a specified future date within the three year incarceration period following either the prior parole docket date or date of the panel decision if the prior parole docket date has passed;
      • (3) FI-3 R (Month/Year)--transfer to a TDCJ rehabilitation tier program of not less than three months in length and not earlier than the specified date. Release to parole upon program completion. Such TDCJ program may include the Pre-Release Substance Abuse Program (PRSAP). In no event shall the specified date be set more than three years from the current docket date or the date of the panel decision if the current docket date has passed;
      • (4) FI-4 (Month/Year)--transfer to Pre-parole Transfer facility prior to presumptive parole date set by board panel and release to parole supervision on presumptive parole date, but in no event shall the specified date be set more than three years from either initial eligibility date, current docket date or date of panel decision, if the aforementioned dates have passed;
      • (5) FI-5--transfer to Inpatient Therapeutic Community Program. Release to aftercare component only after completion of IPTC program;
      • (6) FI-6 R (Month/Year)--transfer to a TDCJ rehabilitation tier pro-ram of not less than six months in length and not earlier than the specified date. Release to parole upon program completion. Such TDCJ program may include the Pre-Release Therapeutic Community (PRTC). In no event shall the specified date be set more than three years from the current docket date or the date of the panel decision if the current docket date has passed;
      • (7) FI-9 R (Month/Year)--Transfer to a TDCJ rehabilitation tier program of not less than nine months in length and not earlier than the specified date. Release to parole upon program completion. Such TDCJ program may include the In-Prison Therapeutic Community (IPTC). In no event shall the specified date be set more than three years from the current docket date or the date of the panel decision if the current docket date has passed;
      • (8) FI-18 R (Month/Year)--transfer to a TDCJ rehabilitation tier program. of not less than eighteen months in length and not earlier than the specified date. Release to parole upon program completion. 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 docket date or the date of the panel decision if the current docket date has passed;
    • (e) if in special review or group review status, a case may be ordered to remain set or placed in further investigation (FI) status. The provisions of this §145.12 adopted to be effective May 1, 1995, 20 TexReg 2863, amended to be effective August 14, 1996, 21 TexReg 7564; amended to be effective June 30, 1997, 22 TexReg 5843; amended to be effective June 30, 1998, 23 TexReg 6722. This Section cited in 37 TAC §145.16, (relating to Action upon Review of Additional Information).

  • §145.13. Action upon Review; Consecutive (Cumulative) Felony Sentencing

    • (a) This section applies only to a prisoner sentenced to serve consecutive sentences if each sentence in the series is for an offense committed on or after September 1, 1987.
    • (b) A parole panel shall review for parole consideration consecutive felony sentencing cases as determined and in the sequence submitted by TDCJ.
    • (c) If the case under parole consideration is a pre-final consecutive felony sentencing case, the parole panel may,
      • (1) defer for request and receipt of further information;
      • (2) vote CU/NR Month/Year - Cause No., deny favorable parole action and set for review on a future specific month and year (set-off). The next review docket date (Month/Year) may be set at any date in the three-year incarceration period following the prior parole docket date, but in no event shall it be less than one calendar year from either the prior parole docket date or the date of the panel decision if the prior parole docket date has passed; or
      • (3) vote CU/Fl Month/Year Cause No., designate the date on which the prisoner would have been eligible for release on parole if the prisoner had been sentenced to serve a single sentence. This date shall be within a three year incarceration period following either the prior parole docket date or date of the panel decision if the prior parole docket date has passed.
    • (d) If the case under parole consideration is the last and final in a series of consecutive felony sentencing cases, the case shall be reviewed in accordance with 37 TAC 145.12 of this title (relating to action upon review,).
    • (e) When a parole panel reviews for parole consideration a consecutive felony sentencing case, the parole panel shall indicate the Cause No. of the consecutive felony sentencing case it is considering.

The provisions of this §145.13 adopted to be effective June 30, 1997, 22 TexReg 5843.

  • §145.14. Action Upon Review; Release to Mandatory Supervision
    • (a) This section applies only to a prisoner eligible for release to mandatory supervision if the sentence is for an offense committed on or after September 1, 1996.
    • (b) A parole panel shall consider the prisoner for release to mandatory supervision if release of the prisoner may occur because the prisoner will reach a mandatory supervision date as determined by TDCJ.
    • (c) Upon considering a case for release to mandatory supervision a parole panel may:
      • (1) defer for request and receipt of further information;
      • (2) vote DMS Month/Year, deny release to mandatory supervision and set for review on a future specific month and year (set-off). The next mandatory supervision review docket date (Month/Year) shall be set one year from either the prior parole docket date or the date of the panel decision if the prior parole docket date has passed; or,
      • (3) vote RMS, release to mandatory supervision when TDCJ determines that the prisoner has reached a mandatory supervision date.
    • (d) Subsection (c) of this section applies to all subsequent reconsiderations for release to mandatory supervision.

The provisions of this §145.14 adopted to be effective June 30, 1997, 22 TexReg 5843.

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