Terms and definitions

§141.111. Definitions

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

Administrative release (parole/mandatory, supervision) revocation hearing, administrative release revocation hearing, revocation hearing or violation hearing--Are synonymous terms for a hearing conducted under §§145.41-145.55 of this title (relating to Revocation of Administrative Release (Parole and Mandatory Supervision)); and for hearings, §§147.1-147.7 of this title (relating to General Rules for Hearings); and §§147.21-147.28 of this title (relating to Evidence), to determine whether the board will enter an order revoking the administrative release or order some lesser sanction or recommend to the governor the revocation of the administrative release of any individual subject to executive clemency.

Administrative releasee--A person released to parole or mandatory supervision and under the supervision of the TDCJ-Parole Division. The term also includes a person released on a conditional pardon.

Administrative Violation of Parole or Mandatory Supervision--A violation of parole or mandatory supervision which does not allege criminal conduct.

Area supervisor or regional supervisor--Are synonymous terms for the regional staff officer supervising the parole officer to whom the parolee reports.

Board--The Texas Board of Pardons and Paroles.

Community residential facility--A facility for the provision of residential placement services to administrative releasees.

Commutation of sentence--An act of clemency by the governor which serves to modify the conditions of a sentence.

Conditional pardons--A form of executive clemency granted by the governor which serves to release the grantee from the conditions of his or her sentence and/or any disabilities imposed by law thereby, subject to the conditions contained in the clemency proclamation. A person released pursuant to the terms of a conditional pardon is considered, for purposes of revocation thereof, to be an administrative releasee (see the definition of administrative releasee set forth in this section), and all such revocations for revocation of administrative release, §§ 145.41-145.55 of this title (relating to Revocation of Administrative Release (Parole and Mandatory Supervision)).

Constitutional and statutory references--Articles of the Texas Constitution, the Texas Code of Criminal Procedure, the Texas Civil Statutes, or Texas Penal Code.

Contract of release--An order of the board incorporating the terms and conditions of release (See Parole Certificate).

Criminal conduct--An act prohibited by law, not including an offense punishable by fine only involving the operation of a motor vehicle.

CU/Fl--Consecutive felony sentence vote that designates 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 is not a release to parole vote.

CU/NR--Consecutive felony sentence vote to deny favorable parole action and set for review on a future specific month and year (set-off).

DMS--Mandatory supervision vote to deny release to mandatory supervision and set for review on a future specific month and year (set-off).

Division--The Parole Division of the Texas Department of Criminal Justice.

Executive committee--Six members appointed by the Chairman to perform duties as described in Texas Code of Criminal Procedure, Article 42.18, §6(c).

Full pardon--An unconditional act of executive clemency by the governor which serves to release the grantee from the conditions of his or her sentence and from any disabilities imposed by law thereby.

Further investigation (Fl)--An initial determination by a parole panel favorable to parole of an inmate, subject to additional investigation and processing.

Hearing officer--A staff member designated by the board and assigned to conduct an administrative release revocation hearing concerning one or more allegations of violation of the terms and/or conditions of parole, mandatory supervision, or conditional pardon.

Hearing section--The hearing section of the Texas Board of Pardons and Paroles.

Inmate--A person incarcerated in the TDCJ Institutional Division, other penal institution, or jail serving a sentence imposed upon conviction of a felony.

Mandatory supervision--The non-discretionary release of a prisoner from imprisonment but not from the legal custody of the state, under such conditions and provisions for supervision as the board panel may determine. A prisoner released to mandatory supervision is deemed as if on parole. For the purposes of revocation, the terms "parole" and "mandatory supervision" are interchangeable and reference to either one of said terms includes the other.

Mandatory supervision certificate--An order of the board or board panel incorporating the terms and conditions of supervision.

Mandatory supervision date--The date on which the release to mandatory supervision of an eligible prisoner may occur.

Mandatory supervision releasee and mandatory releasee--A person released from prison under mandatory supervision (see definition of "mandatory supervision" set forth in this section). A mandatory releasee is also an administrative releasee (see definition of "administrative releasee" set forth in this section).

Pardon--See the definition of "full pardon" set forth in this section.

Parole--The discretionary release of a prisoner from imprisonment but not from the legal custody of the state, under such conditions and provisions for supervision as the board or board panel may determine.

Parole certificate--An order of the board or board panel, incorporating the terms and conditions of release (See Contract of Release).

Parole officer--A person duly appointed by the director of the TDCJ-Parole Division and assigned the duty of supervising administrative releasees.

Parole panel--A three member decision-making body authorized to act in administrative release matters.

Parolee--A person released from prison on parole (see definition of "parole" set forth in this section). A parolee is also an administrative releasee (see definition of "administrative releasee" set forth in this section).

Party--Each person or agency named or admitted as a party.

Preliminary hearing--Hearing at which is determined whether probable cause exists to support an allegation of a parole violation, pending a revocation hearing.

Pre-parole transfer--The transfer of an eligible prisoner, as defined in Texas Civil Statutes, Article 6166-4, to a community residential facility, as defined in Texas Civil Statutes, Article 6616-4.

Release plan--Proposed community and place of residence and proposed employment or proposed provision for maintenance and care of the releasee.

Remission of fine or forfeiture--An act of clemency by the governor releasing the grantee from payment of all or a portion of a fine or canceling a forfeiture of a bond.

Reprieve--A temporary release from the terms of an imposed sentence.

Restoration of rights of citizenship--A pardon limited to the restoration of the right to vote, which in turn restores any other civil rights conditioned upon the right to vote.

Parole revocation--The cancellation of parole, mandatory supervision, or of a conditional act of executive clemency which subjects the administrative releasee or grantee of the act of executive clemency to immediate incarceration or, in the instance of reprieve of a fine, to immediate payment of the fine.

RMS--Mandatory supervision vote to release to mandatory supervision when TDCJ determines that the prisoner has reached a mandatory supervision date.

Serve-All (SA)--A decision by the board or board panel to deny parole and to not release the inmate until the serve-all date.

Serve-All Date--The projected release date or minimum expiration date as determined by the Texas Department of Criminal Justice.

Statutory references--See the definition of "constitutional and statutory references" set forth in this section.

Trial officials--The present sheriff, prosecuting attorney, and judge in the county and court of offense, conviction and release.

Victim--A person who is a victim of sexual assault, kidnapping, aggravated robbery, or felony harassment or who has suffered bodily injury or death as a result of the criminal conduct of another, as defined in the Texas Code of Criminal Procedure, Article 24.18, §8.

The provisions of this §141.111 adopted to be effective May 1, 1995, 20 TexReg 2861; amended to be effective August 14, 1996; 21 TexReg 7563; amended to be effective November 4,1996, 21 TexReg 10437; amended to be effective June 30, 1997, 22 TexReg 5842; amended to be effective December 29, 1997, 22 TexReg 12540. This Section cited in 37 TAC §143.21, (relating to Definition); 37 TAC §141.5, (relating to witnesses.)