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 to be 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. 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
§508.149(a), Government Code, as soon as practicable after the
first anniversary of the date of denial, provided the decision to
deny parole is on or after January 1, 2004, and the offender is otherwise
eligible for consideration.
(3) 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 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 conduct time or reduction to a classification status
below that assigned during that person's initial entry into 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
initial entry into TDCJ-CID.
(C) If any 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(D) A person who has been revoked and returned to custody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 TDCJ, and for which a complaint has been filed with a magistrate
of the State of Texas, any facility under its supervision, or a facility
under contract with TDCJ 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 Government Code, §508.146, may be considered
for release on parole.
(4) 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).
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| Source Note: The 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; amended to be effective February 8, 1999, 24 TexReg 787; amended to be effective November 14, 1999, 24 TexReg 9845; amended to be effective October 29, 2000, 25 TexReg 10568; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective August 10, 2006, 31 TexReg 6237; amended to be effective September 16, 2007, 32 TexReg 6159; amended to be effective February 24, 2010, 35 TexReg1482; amended to be effective September 13, 2012, 37 TexReg 7194 |
