CHAPTER 508. PAROLE AND MANDATORY SUPERVISION
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE G. CORRECTIONS
CHAPTER 508. PAROLE AND MANDATORY SUPERVISION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 508.001. DEFINITIONS. In this chapter:
(1) "Board" means the Board of Pardons and Paroles.
(2) "Community supervision and corrections department" means a
department established under Chapter 76.
(3) "Director" means the director of the pardons and paroles
division.
(4) "Division" means the pardons and paroles division.
(5) "Mandatory supervision" means the release of an eligible
inmate sentenced to the institutional division so that the inmate
may serve the remainder of the inmate's sentence not on parole
but under the supervision of the pardons and paroles division.
(6) "Parole" means the discretionary and conditional release of
an eligible inmate sentenced to the institutional division so
that the inmate may serve the remainder of the inmate's sentence
under the supervision of the pardons and paroles division.
(7) "Parole officer" means a person appointed by the director
and assigned the duties of assessment of risks and needs,
investigation, case management, and supervision of releasees to
ensure that releasees are complying with the conditions of parole
or mandatory supervision.
(8) "Parole commissioner" means a person employed by the board
to perform the duties described by Section 508.0441.
(9) "Releasee" means a person released on parole or to mandatory
supervision.
(10) "Presiding officer" means the presiding officer of the
Board of Pardons and Paroles.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.01, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.02,
eff. Jan. 11, 2004.
Sec. 508.002. CLEMENCY, COMMUTATION DISTINGUISHED. Neither
parole nor mandatory supervision is a commutation of sentence or
any other form of clemency.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.003. INAPPLICABLE TO JUVENILES AND CERTAIN INMATES.
(a) This chapter does not apply to an emergency absence under
escort granted to an inmate by the institutional division under
Section 501.006.
(b) Except as provided by Subsection (c), this chapter does not
apply to release on parole from an institution for juveniles.
(c) The provisions of this chapter not in conflict with Section
508.156 apply to parole of a person from the Texas Youth
Commission under that section.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
SUBCHAPTER B. BOARD OF PARDONS AND PAROLES
Sec. 508.031. COMPOSITION OF BOARD. (a) The board consists of
seven members appointed by the governor with the advice and
consent of the senate.
(b) Appointments to the board must be made without regard to the
race, color, disability, sex, religion, age, or national origin
of the appointed members.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 554, Sec. 1, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.03,
eff. Jan. 11, 2004.
Sec. 508.032. REQUIREMENTS FOR MEMBERSHIP. (a) Board members
must be representative of the general public.
(b) A member must have resided in this state for the two years
before appointment.
(c)(1) A person who is a former employee of the department may
not serve on the board before the second anniversary of the date
the person terminated employment with the department.
(2) A person who is employed by the department on August 1,
2003, may not serve on the board before August 1, 2005.
(d) At any time not more than three members of the board may be
former employees of the department.
(e) For purposes of Subsections (c) and (d), previous service as
a board member is not considered to be employment with the
department.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.
11.04, eff. Jan. 11, 2004.
Sec. 508.033. DISQUALIFICATIONS. (a) A person is not eligible
for appointment as a member of the board or for employment as a
parole commissioner if the person or the person's spouse:
(1) is employed by or participates in the management of a
business entity or other organization receiving funds from the
department or the board;
(2) owns or controls, directly or indirectly, more than a
10-percent interest in a business entity or other organization:
(A) regulated by the department; or
(B) receiving funds from the department or the board; or
(3) uses or receives a substantial amount of tangible goods,
services, or funds from the department or the board, other than
compensation or reimbursement authorized by law for board
membership, attendance, or expenses.
(b) In determining eligibility under Subsection (a)(3), the
compensation or reimbursement that a board member's spouse or
parole commissioner's spouse receives as an employee of the board
or the department may not be considered. This subsection does
not affect any restriction on employment or board membership
imposed by any other law.
(c) A person may not serve as a parole commissioner, may not be
a member of the board, and may not be an employee of the division
or the board employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the
federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
et seq.) and its subsequent amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of criminal justice; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of criminal
justice.
(d) A person who is required to register as a lobbyist under
Chapter 305 because of the person's activities for compensation
in or on behalf of a profession related to the operation of the
board may not:
(1) serve as a member of the board or as a parole commissioner;
or
(2) act as the general counsel to the board or division.
(e) In this section, "Texas trade association" means a
cooperative and voluntarily joined association of business or
professional competitors in this state designed to assist its
members and its industry or profession in:
(1) dealing with mutual business or professional problems; and
(2) promoting their common interests.
(f) A person who is a current or former employee of the
department may not serve as a parole commissioner before the
second anniversary of the date the person's employment with the
department ceases, and a member of the board may not serve as a
parole commissioner before the second anniversary of the date the
person's membership on the board ceases.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.04, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 554, Sec. 2, eff. Sept.
1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 33, eff. June 15, 2007.
Sec. 508.034. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the qualification
required by Section 508.032(b) for appointment to the board;
(2) is ineligible for membership under Section 508.033;
(3) is unable to discharge the member's duties for a substantial
part of the term for which the member is appointed because of
illness or disability; or
(4) is absent from more than half of the regularly scheduled
board or panel meetings that the member is eligible to attend
during each calendar year.
(b) The board administrator or the board administrator's
designee shall provide to members of the board and to employees,
as often as necessary, information regarding their qualification
for office or employment under this chapter and their
responsibilities under applicable laws relating to standards of
conduct for state officers or employees.
(c) The validity of an action of the board or panel is not
affected by the fact that the action is taken when a ground for
removal of a board member exists.
(d) If the general counsel to the board has knowledge that a
potential ground for removal exists, the general counsel shall
notify the presiding officer of the board of the potential
ground. The presiding officer shall notify the governor and the
attorney general that a potential ground for removal exists. If
the potential ground for removal involves the presiding officer,
the general counsel to the board shall notify the governor and
the attorney general that a potential ground for removal exists.
(e) It is a ground for removal from the board that a member
fails to comply with policies or rules adopted by the board.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.05, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 554, Sec. 3, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 856, Sec. 1, eff. Sept. 1,
2001; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.05, eff.
Jan. 11, 2004.
Sec. 508.035. PRESIDING OFFICER. (a) The governor shall
designate one member to serve as presiding officer of the board.
(b) The presiding officer serves in that capacity at the
pleasure of the governor.
(c) The presiding officer reports directly to the governor and
serves as the administrative head of the board.
(d) The presiding officer may:
(1) delegate responsibilities and authority to other members of
the board, parole commissioners, or to employees of the board;
(2) appoint advisory committees from the membership of the board
or from parole commissioners to further the efficient
administration of board business; and
(3) establish policies and procedures to further the efficient
administration of the business of the board.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 856, Sec. 2, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.06,
eff. Jan. 11, 2004.
Sec. 508.036. GENERAL ADMINISTRATIVE DUTIES. (a) The
presiding officer shall:
(1) develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the board administrator, parole
commissioners, and the staff of the board;
(2) establish caseloads and required work hours for members of
the board and parole commissioners;
(3) update parole guidelines, assign precedential value to
previous decisions of the board relating to the granting of
parole and the revocation of parole or mandatory supervision, and
develop policies to ensure that members of the board and parole
commissioners use guidelines and previous decisions of the board
and parole commissioners in making decisions under this chapter;
(4) require members of the board and parole commissioners to
file activity reports that provide information on release
decisions made by members of the board and parole commissioners,
the workload and hours worked of the members of the board and
parole commissioners, and the use of parole guidelines by members
of the board and parole commissioners; and
(5) report at least annually to the governor and the legislature
on the activities of the board and parole commissioners, parole
release decisions, and the use of parole guidelines by the board
and parole commissioners.
(b) The board shall:
(1) adopt rules relating to the decision-making processes used
by the board and parole panels;
(2) prepare information of public interest describing the
functions of the board and make the information available to the
public and appropriate state agencies;
(3) comply with federal and state laws related to program and
facility accessibility;
(4) prepare annually a complete and detailed written report that
meets the reporting requirements applicable to financial
reporting provided in the General Appropriations Act and accounts
for all funds received and disbursed by the board during the
preceding fiscal year; and
(5) develop and implement policies that provide the public with
a reasonable opportunity to appear before the board and to speak
on any issue under the jurisdiction of the board, with the
exception of an individual parole determination or clemency
recommendation.
(c) The board administrator shall prepare and maintain a written
plan that describes how a person who does not speak English can
be provided reasonable access to the board's programs and
services.
(d) The board, in performing its duties, is subject to the open
meetings law, Chapter 551, and the administrative procedure law,
Chapter 2001. This subsection does not affect the provisions of
Section 2001.223 exempting hearings and interviews conducted by
the board or the division from Section 2001.038 and Subchapters
C-H, Chapter 2001.
(e) The board, in accordance with the rules and procedures of
the Legislative Budget Board, shall prepare, approve, and submit
a legislative appropriations request that is separate from the
legislative appropriations request for the department and is used
to develop the board's budget structure. The board shall
maintain the board's legislative appropriations request and
budget structure separately from those of the department.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.06, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 856, Sec. 3, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1170, Sec. 31.01, eff. Sept.
1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.07, eff.
Jan. 11, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 34, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 35, eff. June 15, 2007.
Sec. 508.0362. TRAINING REQUIRED. (a)(1) A person who is
appointed to and qualifies for office as a member of the board
may not vote, deliberate, or be counted as a member in attendance
at a meeting of the board until the person completes at least one
course of a training program that complies with this section.
(2) A parole commissioner employed by the board may not vote or
deliberate on a matter described by Section 508.0441 until the
person completes at least one course of a training program that
complies with this section.
(b) A training program must provide information to the person
regarding:
(1) the enabling legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board and parole
commissioners;
(4) the rules of the board;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of the:
(A) open meetings law, Chapter 551;
(B) open records law, Chapter 552; and
(C) administrative procedure law, Chapter 2001;
(8) the requirements of the conflict of interest laws and other
laws relating to public officials; and
(9) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 10.08, eff. Sept. 1,
1999. Amended by Acts 1999, 76th Leg., ch. 554, Sec. 4, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.08,
eff. Jan. 11, 2004.
Sec. 508.037. TERMS; REMOVAL. (a) A board member holds office
for a term of six years.
(b) The terms of one-third of the members expire February 1 of
each odd-numbered year.
(c) The governor may remove a board member, other than a member
appointed by another governor, at any time and for any reason.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.038. VACANCIES. If a vacancy occurs, the governor
shall appoint in the same manner as other appointments are made a
person to serve the remainder of the unexpired term.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.039. COMPENSATION. A board member is paid the salary
the legislature determines in the General Appropriations Act.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.040. PERSONNEL. (a) The presiding officer is
responsible for the employment and supervision of:
(1) parole commissioners;
(2) a general counsel to the board;
(3) a board administrator to manage the day-to-day activities of
the board;
(4) hearing officers;
(5) personnel to assist in clemency and hearing matters; and
(6) secretarial or clerical personnel.
(b) The board administrator or the board administrator's
designee shall prepare and maintain a written policy statement
that implements a program of equal employment opportunity under
which all personnel decisions of the board are made without
regard to race, color, disability, sex, religion, age, or
national origin. The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
board's personnel is in accordance with state and federal law and
a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must be updated annually, be reviewed
by the Commission on Human Rights for compliance with Subsection
(b)(1), and be filed with the governor's office.
(d) The board administrator or the board administrator's
designee shall develop an intra-agency career ladder program that
addresses opportunities for mobility and advancement for
employees within the board. The program shall require
intra-agency posting of all positions concurrently with any
public posting.
(e) The board administrator or the board administrator's
designee shall develop a system of annual performance evaluations
that are based on documented employee performance. All merit pay
for board employees must be based on the system established under
this subsection.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.09, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 554, Sec. 5, eff. Sept.
1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.09, eff.
Jan. 11, 2004.
Sec. 508.041. DESIGNEE TRAINING; HANDBOOK. (a) The board shall
develop and implement:
(1) a training program that each newly hired employee of the
board designated to conduct hearings under Section 508.281 must
complete before conducting a hearing without the assistance of a
board member or experienced parole commissioner or designee; and
(2) a training program to provide an annual update to designees
of the board on issues and procedures relating to the revocation
process.
(b) The board shall prepare and biennially update a procedural
manual to be used by designees of the board. The board shall
include in the manual:
(1) descriptions of decisions in previous hearings determined by
the board to have value as precedents for decisions in subsequent
hearings;
(2) laws and court decisions relevant to decision making in
hearings; and
(3) case studies useful in decision making in hearings.
(c) The board shall prepare and update as necessary a handbook
to be made available to participants in hearings under Section
508.281, such as defense attorneys, persons released on parole or
mandatory supervision, and witnesses. The handbook must describe
in plain language the procedures used in a hearing under Section
508.281.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.10, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.10,
eff. Jan. 11, 2004.
Sec. 508.042. TRAINING PROGRAM FOR MEMBERS AND PAROLE
COMMISSIONERS. (a) The board shall develop for board members
and parole commissioners a comprehensive training and education
program on the criminal justice system, with special emphasis on
the parole process.
(b)(1) A new member may not participate in a vote of the board or
a panel, deliberate, or be counted as a member in attendance at a
meeting of the board until the member completes the program.
(2) A new parole commissioner may not participate in a vote of a
panel until the commissioner completes the program. This
subdivision does not apply to a new parole commissioner who as a
board member completed the program.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.11, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 554, Sec. 6, eff. Sept.
1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.11, eff.
Jan. 11, 2004.
Sec. 508.043. GIFTS AND GRANTS. The board may apply for and
accept gifts or grants from any public or private source for use
in any lawful purpose of the board.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.044. POWERS AND DUTIES OF BOARD. A board member shall
give full time to the duties of the member's office, including
duties imposed on the board by the Texas Constitution and other
law.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.12 to
10.14, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 856, Sec. 4,
eff. Sept. 1, 2001; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.
11.12, eff. Jan. 11, 2004.
Sec. 508.0441. RELEASE AND REVOCATION DUTIES. (a) Board
members and parole commissioners shall determine:
(1) which inmates are to be released on parole or mandatory
supervision;
(2) conditions of parole or mandatory supervision, including
special conditions;
(3) the modification and withdrawal of conditions of parole or
mandatory supervision;
(4) which releasees may be released from supervision and
reporting; and
(5) the continuation, modification, and revocation of parole or
mandatory supervision.
(b) The board shall develop and implement a policy that clearly
defines circumstances under which a board member or parole
commissioner should disqualify himself or herself from voting on:
(1) a parole decision; or
(2) a decision to revoke parole or mandatory supervision.
(c) The board may adopt reasonable rules as proper or necessary
relating to:
(1) the eligibility of an inmate for release on parole or
release to mandatory supervision;
(2) the conduct of a parole or mandatory supervision hearing; or
(3) conditions to be imposed on a releasee.
(d) The presiding officer may provide a written plan for the
administrative review of actions taken by a parole panel by a
review panel.
(e) Board members and parole commissioners shall, at the
direction of the presiding officer, file activity reports on
duties performed under this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.12 to
10.14, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 856, Sec. 4,
eff. Sept. 1, 2001. Redesignated from Government Code Sec.
508.044(b) to (f) and amended by Acts 2003, 78th Leg., 3rd C.S.,
ch. 3, Sec. 11.12, eff. Jan. 11, 2004.
Sec. 508.045. PAROLE PANELS. (a) Except as provided by Section
508.046, board members and parole commissioners shall act in
panels composed of three in matters of:
(1) release on parole;
(2) release to mandatory supervision; and
(3) revocation of parole or mandatory supervision.
(b) The presiding officer shall designate the composition of
each panel and shall designate panels composed of at least one
board member and any combination of board members and parole
commissioners.
(c) A parole panel may:
(1) grant, deny, or revoke parole;
(2) revoke mandatory supervision; and
(3) conduct parole revocation hearings and mandatory supervision
revocation hearings.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.
11.13, eff. Jan. 11, 2004.
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on parole
an inmate who was convicted of an offense under Section 21.02,
21.11(a)(1), or 22.021, Penal Code, or who is required under
Section 508.145(c) to serve 35 calendar years before becoming
eligible for release on parole, all members of the board must
vote on the release on parole of the inmate, and at least
two-thirds of the members must vote in favor of the release on
parole. A member of the board may not vote on the release unless
the member first receives a copy of a written report from the
department on the probability that the inmate would commit an
offense after being released on parole.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
787, Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
593, Sec. 3.38, eff. September 1, 2007.
Sec. 508.047. MEETINGS. (a) The members of the board shall
meet at least once in each quarter of the calendar year at a site
determined by the presiding officer.
(b) The members of the board are not required to meet as a body
to perform the members' duties in clemency matters.
(c) A majority of each parole panel constitutes a quorum for the
transaction of the panel's business. A panel's decision must be
by majority vote.
(d) The members of a parole panel are not required to meet as a
body to perform the members' duties, except to conduct a hearing
under Section 508.281.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.15, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.14,
eff. Jan. 11, 2004.
Sec. 508.048. SUBPOENAS. (a) A parole panel may issue a
subpoena requiring the attendance of a witness or the production
of any record, book, paper, or document the panel considers
necessary for investigation of the case of a person before the
panel.
(b) A member of the board may sign a subpoena and administer an
oath.
(c) A peace officer, parole officer, or community supervision
and corrections department officer may serve the subpoena in the
same manner as similar process in a court of record having
original jurisdiction of criminal actions is served.
(d) A person who testifies falsely, fails to appear when
subpoenaed, or fails or refuses to produce material under the
subpoena is subject to the same orders and penalties to which a
person taking those actions before a court is subject.
(e) On application of the board, a court of record having
original jurisdiction of criminal actions may compel the
attendance of a witness, the production of material, or the
giving of testimony before the board, by an attachment for
contempt or in the same manner as the court may otherwise compel
the production of evidence.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.0481. VICTIM'S RIGHT TO REPRESENTATION. (a) If a
victim, close relative of a deceased victim, or guardian of a
victim is required by a subpoena issued under Section 508.048 to
appear at a hearing, the victim, relative, or guardian is
entitled to representation by counsel at the hearing.
(b) This section does not require the state to provide
representation by counsel to a victim, close relative of a
deceased victim, or guardian of a victim.
(c) In this section, "victim," "close relative of a deceased
victim," and "guardian of a victim" have the meanings assigned by
Section 508.117.
Added by Acts 2001, 77th Leg., ch. 1034, Sec. 10, eff. Sept. 1,
2001.
Sec. 508.049. MISSION STATEMENT. (a) The board, after
consultation with the governor and the Texas Board of Criminal
Justice, shall adopt a mission statement that reflects the
responsibilities for the operation of the parole process that are
assigned to the board, the division, the department, or the Texas
Board of Criminal Justice.
(b) The board shall include in the mission statement a
description of specific locations at which the board intends to
conduct business related to the operation of the parole process.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.16, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.15,
eff. Jan. 11, 2004.
Sec. 508.050. REPORT TO GOVERNOR. (a) On request of the
governor, the board shall investigate a person being considered
by the governor for:
(1) pardon;
(2) commutation of sentence;
(3) reprieve;
(4) remission of fine; or
(5) forfeiture.
(b) The board shall report to the governor on its investigation
and make recommendations about the person to the governor.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.051. SUNSET PROVISION. The Board of Pardons and
Paroles is subject to review under Chapter 325 (Texas Sunset
Act), but is not abolished under that chapter. The board shall be
reviewed during the period in which the Texas Department of
Criminal Justice is reviewed.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.17, eff.
Sept. 1, 1999.
Sec. 508.052. COMPUTERS; OFFICE SPACE; OTHER EQUIPMENT. (a)
The department by interagency contract may provide to the board
necessary computer equipment and computer access to all
computerized records and physical access to all printed records
in the custody of the department that are related to the duties
and functions of the board.
(b) The department by interagency contract may provide to the
board necessary and appropriate:
(1) office space at locations designated by the presiding
officer of the board; and
(2) utilities and communications equipment.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.053. USE OF TECHNOLOGY. The board shall implement a
policy requiring the board to use appropriate technological
solutions to improve the board's ability to perform its
functions. The policy must ensure that the public is able to
interact with the board on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 36, eff. June 15, 2007.
Sec. 508.054. RECORDS OF COMPLAINTS. (a) The board shall
maintain a system to promptly and efficiently act on complaints
filed with the board. The board shall maintain information about
parties to the complaint, the subject matter of the complaint, a
summary of the results of the review or investigation of the
complaint, and its disposition.
(b) The board shall make information available describing its
procedures for complaint investigation and resolution.
(c) The board shall periodically notify the complaint parties of
the status of the complaint until final disposition.
(d) This section does not apply to a complaint about an
individual parole determination or clemency recommendation.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 36, eff. June 15, 2007.
Sec. 508.055. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop and implement a policy
to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008 for the
adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009 to assist in the resolution of internal disputes
under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 36, eff. June 15, 2007.
SUBCHAPTER C. REPRESENTATION OF INMATES
Sec. 508.081. DEFINITIONS. In this subchapter:
(1) "Compensation" has the meaning assigned by Section 305.002.
(2) "Inmate" includes:
(A) an administrative releasee;
(B) an inmate imprisoned in the institutional division; and
(C) a person confined in a transfer facility or county jail
awaiting:
(i) transfer to the institutional division; or
(ii) a revocation hearing.
(3) "Represent" means to directly or indirectly contact in
person or by telephone, facsimile transmission, or correspondence
a member or employee of the board or an employee of the
department on behalf of an inmate.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.082. RULES. The board shall adopt rules relating to:
(1) the submission and presentation of information and arguments
to the board, a parole panel, and the department for and in
behalf of an inmate; and
(2) the time, place, and manner of contact between a person
representing an inmate and:
(A) a member of the board or a parole commissioner;
(B) an employee of the board; or
(C) an employee of the department.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.18, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.16,
eff. Jan. 11, 2004.
Sec. 508.083. ELIGIBILITY TO REPRESENT INMATES. (a) A person
who represents an inmate for compensation must:
(1) be an attorney licensed in this state; and
(2) register with the division.
(b) A person serving as a member or employee of the board or the
Texas Board of Criminal Justice may not, before the second
anniversary of the date the person ceases to be a board member or
employee:
(1) represent any person in a matter before the board or a
parole panel; or
(2) receive compensation for services rendered on behalf of any
person regarding a matter pending before the board or a parole
panel.
(c) A person, other than a person subject to Subsection (b), who
is employed by the department may not, before the second
anniversary of the date the person terminates service with the
department:
(1) represent an inmate in a matter before the board or a parole
panel; or
(2) receive compensation for services rendered on behalf of any
person regarding a matter pending before the board or a parole
panel.
(d) Repealed by Acts 2003, 78th Leg., ch 1007, Sec. 2.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1007, Sec. 1, 2, eff.
Sept. 1, 2003.
Sec. 508.084. FEE AFFIDAVIT. (a) A person required to register
under Section 508.083, before the person first contacts a member
of the board, an employee of the board, or an employee of the
department on behalf of an inmate, shall file a fee affidavit
with the department in a form prescribed by the department for
each inmate the person represents for compensation.
(b) The fee affidavit must be written and verified and contain a
statement of:
(1) the registrant's full name and address;
(2) the registrant's normal business, business phone number, and
business address;
(3) the full name of any former member or employee of the board
or the Texas Board of Criminal Justice or any former employee of
the department with whom the registrant:
(A) is associated;
(B) has a relationship as an employer or employee; or
(C) maintains a contractual relationship to provide services;
(4) the full name and institutional identification number of the
inmate the registrant represents;
(5) the amount of compensation the registrant has received or
expects to receive in exchange for the representation; and
(6) the name of the person providing the compensation.
(c) If a registrant receives compensation in excess of the
amount reported on the fee affidavit, the registrant shall file
with the department, not later than the fifth day after the date
the registrant receives compensation in excess of the reported
amount, a supplemental fee affidavit in a form prescribed by the
department indicating the total amount of compensation received
for representing the inmate.
(d) For each fee affidavit and supplemental fee affidavit
received, the department shall:
(1) keep a copy of the affidavit in a central location; and
(2) not later than the third day after the date the affidavit is
filed, place a copy of the affidavit in the inmate's file that is
reviewed by a parole panel or the board.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.085. REPRESENTATION SUMMARY FORM. (a) A person
required to register under Section 508.083 shall, for each
calendar year in which the person represents an inmate, file a
representation summary form with the division on a form
prescribed by the division.
(b) The form must be filed not later than January 31 of the year
succeeding the year for which the report is filed and must
include a statement of:
(1) the registrant's full name and address;
(2) the registrant's normal business, business phone number, and
business address;
(3) the full name of any former member or employee of the board
or the Texas Board of Criminal Justice or any former employee of
the department with whom the registrant:
(A) is associated;
(B) has a relationship as an employer or employee; or
(C) maintains a contractual relationship to provide services;
(4) the full name and institutional identification number of
each inmate the registrant represented in the previous calendar
year; and
(5) the amount of compensation the registrant has received for
representing each inmate in the previous calendar year.
(c) A person who files a form under this section and for whom
the information required for the form has changed shall, not
later than the 10th day after the date the information changes,
file a supplemental statement with the division indicating the
change.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.086. CRIMINAL PENALTIES. (a) A former member or
employee of the board or the Texas Board of Criminal Justice or a
former employee of the department commits an offense if the
former member or employee violates Section 508.083(b), (c), or
(d).
(b) A person who represents an inmate for compensation commits
an offense if the person is not an attorney licensed in this
state.
(c) A person who is required to file an affidavit under Section
508.084(a) or (c) or a form or statement under Section 508.085
commits an offense if the person fails to file the affidavit,
form, or statement.
(d) An offense under Subsection (a) is a Class A misdemeanor. An
offense under Subsection (b) or (c) is a Class C misdemeanor.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
SUBCHAPTER D. PARDONS AND PAROLES DIVISION
Sec. 508.111. DIRECTOR. (a) The executive director shall hire
the director of the division.
(b) The director is responsible for the administration of the
division.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.112. DUTY OF DIVISION. The division is responsible for
the investigation and supervision of all releasees.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.113. PAROLE OFFICERS, SUPERVISORS: QUALIFICATIONS. (a)
This subsection and Subsection (b) apply only to a person
employed as a parole officer or supervisor on or before September
1, 1990. A person may not be employed as a parole officer or
supervisor, or be responsible for investigating or supervising a
releasee, unless the person has:
(1) four years of successfully completed education in an
accredited college or university;
(2) two years of full-time paid employment in responsible
correctional work with adults or juveniles or in a related field;
and
(3) any other qualifications that may be specified by the
director.
(b) Additional experience in a category described by Subsection
(a)(2) may be substituted year for year for the required college
education, with a maximum substitution of two years.
(c) The director shall establish qualifications for parole
officers and supervisors that are the same as qualifications for
community supervision and corrections department officers imposed
by Section 76.005. A person may not begin employment as a parole
officer or supervisor after September 1, 1990, unless the person
meets the qualifications established by the director.
(d) A person who is serving as a peace officer or as a
prosecuting attorney may not act as a parole officer or be
responsible for supervising a releasee.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.1131. SALARY CAREER LADDER FOR PAROLE OFFICERS. (a)
The executive director shall adopt a salary career ladder for
parole officers. The salary career ladder must base a parole
officer's salary on the officer's classification and years of
service with the department.
(b) For purposes of the salary schedule, the department shall
classify all parole officer positions as Parole Officer I, Parole
Officer II, Parole Officer III, Parole Officer IV, or Parole
Officer V.
(c) Under the salary career ladder adopted under Subsection (a),
a parole officer to whom the schedule applies and who received an
overall evaluation of at least satisfactory in the officer's most
recent annual evaluation is entitled to an annual salary
increase, during each of the officer's first 10 years of service
in a designated parole officer classification as described by
Subsection (b), equal to one-tenth of the difference between:
(1) the officer's current annual salary; and
(2) the minimum annual salary of a parole officer in the next
highest classification.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 37, eff. June 15, 2007.
Sec. 508.114. PAROLE OFFICERS, SUPERVISORS: ADDITIONAL DUTIES.
(a) The judge of a court having original jurisdiction of
criminal actions may, with the approval of the director,
designate a parole officer or supervisor as a community
supervision and corrections department officer. The director must
give prior written approval for the payment of a proportional
part of the salary paid to the parole officer or supervisor in
compensation for service as a community supervision and
corrections department officer. The director shall periodically
report to the governor and the legislature the proportional
salary payments.
(b) A parole officer or supervisor, on request of the governor
or on order of the director, shall be responsible for supervising
an inmate placed on conditional pardon or granted an emergency
absence under escort.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.1141. SPECIALIZED TRAINING; GANG MEMBERS. The
department shall develop and provide specialized training for
parole officers supervising releasees previously identified by
the department as being members of prison gangs, criminal street
gangs, or security threat groups.
Added by Acts 1999, 76th Leg., ch. 490, Sec. 1, eff. Sept. 1,
1999.
Sec. 508.1142. PAROLE OFFICER MAXIMUM CASELOADS. (a) The
department shall adopt a policy that establishes guidelines for a
maximum caseload for each parole officer of:
(1) 60 active releasees, if the releasees are not in a
specialized program described by Subdivisions (2)-(6);
(2) 35 active releasees, if the releasees are in the special
needs offender program;
(3) 35 active releasees, if the releasees are in the therapeutic
community substance abuse aftercare treatment program;
(4) 24 active releasees, if the releasees are in the sex
offender program;
(5) 20 active releasees, if the releasees are electronically
monitored; and
(6) 11 active releasees, if the releasees are in the
super-intensive supervision program.
(b) If the department is unable to meet the maximum caseload
guidelines, the department shall submit a report to the
Legislative Budget Board, at the end of each fiscal year in which
the department fails to meet the guidelines, stating the amount
of money needed by the department to meet the guidelines.
Added by Acts 2007, 80th Leg., R.S., Ch.
1421, Sec. 1, eff. June 15, 2007.
Sec. 508.115. NOTIFICATION OF RELEASE OF INMATE. (a) Not later
than the 11th day before the date a parole panel orders the
release on parole of an inmate or not later than the 11th day
after the date the board recommends that the governor grant
executive clemency, the division shall notify the sheriffs, each
chief of police, the prosecuting attorneys, and the district
judges in the county in which the inmate was convicted and the
county to which the inmate is released that a parole panel is
considering release on parole or the governor is considering
clemency.
(b) In a case in which there was a change of venue, the division
shall notify the sheriff, the prosecuting attorney, and the
district judge in the county in which the prosecution was
originated if, not later than the 30th day after the date the
inmate was sentenced, those officials request in writing that the
division give the officials notice under this section of a
release of the inmate.
(c) Not later than the 10th day after the date a parole panel
orders the transfer of an inmate to a halfway house under this
chapter, the division shall give notice in accordance with
Subsection (d) to:
(1) the sheriff of the county in which the inmate was convicted;
(2) the sheriff of the county in which the halfway house is
located and each chief of police in the county; and
(3) the attorney who represents the state in the prosecution of
felonies in the county in which the halfway house is located.
(d) The notice must state:
(1) the inmate's name;
(2) the county in which the inmate was convicted; and
(3) the offense for which the inmate was convicted.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.19, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 856, Sec. 5, eff. Sept.
1, 2001.
Sec. 508.116. PAROLE INFORMATION PROGRAM. (a) The division
shall develop and implement a comprehensive program to inform
inmates, the inmates' families, and other interested parties
about the parole process.
(b) The division shall update the program annually.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.117. VICTIM NOTIFICATION. (a) Before a parole panel
considers for release on parole an inmate who is serving a
sentence for an offense in which a person was a victim, the
division, using the name and address provided on the victim
impact statement, shall make a reasonable effort to notify:
(1) the victim;
(2) if the victim has a guardian, the guardian; or
(3) if the victim is deceased, a close relative of the deceased
victim.
(b) A victim, guardian of a victim, or close relative of a
deceased victim who would have been entitled to notification of
parole consideration by the division but failed to provide a
victim impact statement containing the person's name and address
may file with the division a written request for notification.
After receiving the written request, the division shall grant to
the person all privileges, including notification under this
section, to which the person would have been entitled had the
person submitted a completed victim impact statement.
(c) If the notice is sent to a guardian or close relative of a
deceased victim, the notice must contain a request by the
division that the guardian or relative inform other persons
having an interest in the matter that the inmate is being
considered for release on parole.
(d) The failure of the division to comply with notice
requirements of this section is not a ground for revocation of
parole.
(e) Before an inmate is released from the institutional division
on parole or to mandatory supervision, the pardons and paroles
division shall give notice of the release to a person entitled to
notification of parole consideration for the inmate under
Subsection (a) or (b).
(f) Except as necessary to comply with this section, the board
or the department may not disclose to any person the name or
address of a person entitled to notice under this section unless:
(1) the person approves the disclosure; or
(2) a court determines that there is good cause for disclosure
and orders the board or the department to disclose the
information.
(g) In this section:
(1) "Close relative of a deceased victim" means a person who
was:
(A) the spouse of the victim at the time of the victim's death;
(B) a parent of the deceased victim;
(C) an adult brother, sister, or child of the deceased victim;
or
(D) the nearest relative of the deceased victim by
consanguinity, if the persons described by Paragraphs (A) through
(C) are deceased or are incapacitated due to physical or mental
illness or infirmity.
(2) "Guardian of a victim" means a person who is the legal
guardian of a victim, whether or not the legal relationship
between the guardian and the victim exists because of the age of
the victim or the physical or mental incompetency of the victim.
(2-a) "Sexual assault" includes an offense under Section 21.02,
Penal Code.
(3) "Victim" means a person who:
(A) is a victim of sexual assault, kidnapping, aggravated
robbery, or felony stalking; or
(B) has suffered bodily injury or death as the result of the
criminal conduct of another.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
593, Sec. 3.39, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
826, Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 38, eff. June 15, 2007.
Sec. 508.118. HALFWAY HOUSES. (a) The division, in conjunction
with the institutional division, shall use halfway houses to
divert from housing in regular units of the institutional
division suitable low-risk inmates and other inmates who would
benefit from a smoother transition from incarceration to
supervised release.
(b) Before transferring an inmate to a halfway house, the
division shall send to the director of the halfway house all
information relating to the inmate that the division determines
will aid the halfway house in helping the inmate make a
transition from the institutional division to supervised release.
(c) The division is responsible for supervising an inmate:
(1) for whom a presumptive parole date has been established; and
(2) who is transferred into a preparole residence in a halfway
house under Subchapter A, Chapter 499.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.119. COMMUNITY RESIDENTIAL FACILITIES. (a) The
purpose of a community residential facility is to provide
housing, supervision, counseling, personal, social, and work
adjustment training, and other programs to:
(1) releasees who are required by a parole panel as a condition
of release on parole or to mandatory supervision to serve a
period in a community residential facility; and
(2) releasees whose parole or mandatory supervision has been
continued or modified under Section 508.283 and on whom sanctions
have been imposed under that section.
(b) The division may establish and operate, or contract for the
operation of, community residential facilities.
(c) The division may contract with a public or private vendor
for the financing, construction, operation, or management of a
community residential facility using a lease-purchase or
installment sale contract to provide or supplement housing,
board, or supervision for releasees placed in a community
residential facility. A releasee housed or supervised in a
facility operated by a vendor under a contract is subject to the
same laws as if the housing or supervision were provided directly
by the division.
(d) Unless the division or a vendor proposing to operate a
community residential facility provides notice of a following
proposed action and a hearing on the issues in the same manner as
required under Section 509.010, the division may not:
(1) establish or contract for a community residential facility;
(2) change the use of a community residential facility;
(3) significantly increase the capacity of a community
residential facility; or
(4) increase the capacity of a community residential facility to
more than 500 residents, regardless of whether the increase is
significant.
(e) Subsection (d) applies to any residential facility that the
division establishes or contracts for under:
(1) this chapter;
(2) Subchapter C, Chapter 497; or
(3) Subchapter A, Chapter 499.
(f) The Texas Board of Criminal Justice shall adopt rules
necessary for the management of a community residential facility.
(g) The division may charge to a releasee housed in a community
residential facility a reasonable fee for the cost of housing,
board, and the part of the administrative costs of the facility
that is properly allocable to the releasee. The fee may not
exceed the actual costs to the division for services to that
releasee. The division may not deny placement in a community
residential facility to a releasee because the releasee is unable
to pay the fee.
(h) A parole panel or a designated agent of the division may
grant a limited release to a releasee placed in a community
residential facility to maintain or seek employment or
participation in an education or training course or to seek
housing after release from the facility.
(i) The notice required by Subsection (d) must clearly state
that the proposed action concerns a facility in which persons who
have been released from prison on parole or to mandatory
supervision are to be housed.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.20, eff.
Sept. 1, 1999.
SUBCHAPTER E. PAROLE AND MANDATORY SUPERVISION; RELEASE
PROCEDURES
Sec. 508.141. AUTHORITY TO CONSIDER AND ORDER RELEASE ON PAROLE.
(a) A parole panel may consider for release and release on
parole an inmate who:
(1) has been sentenced to a term of imprisonment in the
institutional division;
(2) is confined in a penal or correctional institution,
including a jail in this state, a federal correctional
institution, or a jail or a correctional institution in another
state; and
(3) is eligible for release on parole.
(b) A parole is issued only on the order of a parole panel.
(c) Before releasing an inmate on parole, a parole panel may
have the inmate appear before the panel and interview the inmate.
(d) A parole panel may release an inmate on parole during the
parole month established for the inmate if the panel determines
that the inmate's release will not increase the likelihood of
harm to the public.
(e) A parole panel may release an inmate on parole only when:
(1) arrangements have been made for the inmate's employment or
for the inmate's maintenance and care, which may include the
issuance of payment for the cost of temporary post-release
housing under Section 508.157; and
(2) the parole panel believes that the inmate is able and
willing to fulfill the obligations of a law-abiding citizen.
(f) A parole panel may order a parole only for the best interest
of society and not as an award of clemency.
(g) The board shall adopt a policy establishing the date on
which the board may reconsider for release an inmate who has
previously been denied release. The policy must require the board
to reconsider for release an inmate serving a sentence for an
offense listed in Section 508.149(a) during a month designated by
the parole panel that denied release. The designated month must
begin after the first anniversary of the date of the denial and
end before the fifth anniversary of the date of the denial. The
policy must require the board to reconsider for release an inmate
other than an inmate serving a sentence for an offense listed in
Section 508.149(a) as soon as practicable after the first
anniversary of the date of the denial.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 349, Sec. 1, eff. June
18, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.17, eff.
Jan. 11, 2004.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
944, Sec. 2, eff. June 19, 2009.
Sec. 508.142. PERIOD OF PAROLE. (a) The institutional division
shall provide the board with sentence time credit information for
each inmate who is eligible for release on parole.
(b) Good conduct time credit is computed for an inmate as if the
inmate were confined in the institutional division during the
entire time the inmate was actually confined.
(c) The period of parole is computed by subtracting from the
term for which the inmate was sentenced the calendar time served
on the sentence.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.143. LEGAL CUSTODY OF RELEASEE. (a) A releasee while
on parole is in the legal custody of the division.
(b) A releasee while on mandatory supervision is in the legal
custody of the state.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,
1997.
Sec. 508.144. PAROLE GUIDELINES. (a) The board shall:
(1) develop according to an acceptable research method the
parole guidelines that are the basic criteria on which a parole
decision is made;
(2) base the guidelines on the seriousness of the offense and
the likelihood of a favorable parole outcome;
(3) ensure that the guidelines require consideration of an
inmate's progress in any programs in which the inmate
participated during the inmate's term of confinement; and
(4) implement the guidelines.
(b) If a board member or parole commissioner deviates from the
parole guidelines in voting on a parole decision, the member or
parole commissioner shall:
(1) produce a written statement describing in detail the
specific circumstances regarding the departure from the
guidelines;
(2) place a copy of the statement in the file of the inmate for
whom the parole decision was made; and
(3) provide a copy of the statement to the inmate.
(c) The board shall keep a copy of a statement made under
Subsection (b) in a central location.
(d) The board shall meet annually to review and discuss the
parole guidelines developed under Subsection (a). The board may
consult outside experts to assist with the review. The board