Texas Register, Volume 38, Number 31, Pages 4821-4956, August 2, 2013 Page: 4,866
4821-4956 p. ; 28 cm.View a full description of this periodical.
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[(-9) a brief statement of the effect of the prisoners crime
upon the family of the victim.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 22, 2013.
TRD-201302972
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: September 1, 2013
For further information, please call: (512) 406-5388
CHAPTER 145. PAROLE
SUBCHAPTER A. PAROLE PROCESS
37 TAC 145.12, 145.13
The Texas Board of Pardons and Paroles proposes amendments
to 37 TAC 145.12 and 145.13, concerning action upon review,
and action upon review; consecutive (cumulative) felony sen-
tencing. The amendments are proposed to add penal code ref-
erences for offenders who are eligible for multi-year set-offs and
delete voting option FI-4 relating to Pre-Parole Transfer facilities.
Rissie Owens, Chair of the Board, determined that for each year
of the first five-year period the proposed amendments are in ef-
fect, no fiscal implications exist for state or local government as
a result of enforcing or administering these sections.
Ms. Owens also has determined that for each year of the first
five years the proposed amendments are in effect, the public
benefit anticipated as a result of enforcing the amendments to
these sections will be to bring the rules into compliance with cur-
rent board practice. There will be no effect on small businesses.
There is no anticipated economic cost to persons required to
comply with the amended rules as proposed.
An Economic Impact Statement and Regulatory Flexibility Anal-
ysis is not required because the proposed amendments will not
have an economic effect on small businesses as defined in Texas
Government Code 2006.001(2).
Comments should be directed to Bettie Wells, General Coun-
sel, Texas Board of Pardons and Paroles, 209 W. 14th
Street, Suite 500, Austin, Texas 78701 or by e-mail to bet-
tie.wells@tdcj.state.tx.us. Written comments from the general
public should be received within 30 days of the publication of
this proposal.
The amendments are proposed under 508.036, 508.0441,
508.045, and 508.141, Texas Government Code. Section
508.036 requires the board to adopt rules relating to the deci-
sion-making processes used by the board and parole panels.
Section 508.0441 and 508.045 authorize the Board to adopt
reasonable rules as proper or necessary relating to the eligibility
of an offender for release to mandatory supervision and to act on
matters of release to mandatory supervision. Section 508.141
provides the board authority to adopt policy establishing the
date on which the board may reconsider for release an inmate
who has previously been denied release.
No other statutes, articles, or codes are affected by these
amendments.145.12. Action upon Review.
A case reviewed by a parole panel for parole consideration may be:
(1) (No change.)
(2) denied a favorable parole action at this time and set for
review on a future specific month and year (Set-Off). The next re-
view date (Month/Year) for an offender serving a sentence listed in
508.149(a), Government Code, or serving a sentence for second or
third degree under 22.04 of the Penal Code, may be set at any date
after the first anniversary of the date of denial and end before the fifth
anniversary of the date of denial. The next review date for an offender
serving a sentence not listed in 508.149(a), Government Code, shall
be as soon as practicable after the first anniversary of the denial;
(3) denied parole and ordered serve-all, but in no event
shall this be utilized if the offender's projected release date is greater
than five years for offenders serving sentences listed in 508.149(a),
Government Code, or serving a sentence for second or third degree un-
der 22.04 of the Penal Code; or greater than one year for offenders
not serving sentences listed in 508.149(a), Government Code. 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;
(4) determined that the totality of the circumstances favor
the offender's release on parole, further investigation (FI) is ordered
with the following available voting options; and, impose all conditions
of parole or release to mandatory supervision that the parole panel is
required or authorized by law to impose as a condition of parole or
release to mandatory supervision;
(A) - (C) (No change.)
[(D) FI-4 (Month/Year) -Transfer to a Pre-Parle
Transfer facility prior to presumptie parole date set by a parole panel
and release to parole supervon on presumptive parole dat]
(D) [(E)] FI-4 R (Month/Year)--Transfer to a TDCJ re-
habilitation program. Release to parole only after program completion
and not earlier than four months from specified date. Such TDCJ pro-
gram shall be the Sex Offender Education Program (SOEP);
(E) [(F)] FI-5--Transfer to In-Prison Therapeutic Com-
munity Program. Release to aftercare component only after completion
of IPTC program;
(F) [(G)] FI-6--Transfer to a DWI Program. Release to
continuum of care program as required by paragraph (5) of this section;
(G) [{()] FI-6 R (Month/Year)--Transfer to a TDCJ re-
habilitation program. Release to parole only after program completion
and no earlier than six months from specified date. Such TDCJ pro-
gram may include the Pre-Release Therapeutic Community (PRTC),
Pre-Release Substance Abuse Program (PRSAP), or In-Prison Ther-
apeutic Community Program (IPTC), or any other approved tier pro-
gram;
(H) [(I)] FI-7 R (Month/Year)--Transfer to a TDCJ re-
habilitation program. Release to parole only after program completion
and not earlier than seven months from the specified date. Such TDCJ
program shall be the Serious and Violent Offender Reentry Initiative
(SVORI);
(I) [()] FI-9 R (Month/Year)--Transfer to a TDCJ re-
habilitation program. Release to parole only after program completion
and not earlier than nine months from specified date. Such TDCJ pro-
gram shall be the Sex Offender Treatment Program (SOTP-9);
(J) [(I)] FI-18 R (Month/Year)--Transfer to a TDCJ re-
habilitation treatment program. Release to parole only after program
completion and no earlier than 18 months from specified date. Such38 TexReg 4866 August 2, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 31, Pages 4821-4956, August 2, 2013, periodical, August 2, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326805/m1/46/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.