37 Tex. Admin. Code § 141.111 - Definition of Terms
The following words and terms used within these rules shall have the following meanings, unless the context clearly indicates otherwise.
(1) Administrative Violation
of Parole or Mandatory Supervision--A technical violation of parole or
mandatory supervision which does not allege criminal conduct.
(2) Affinity (Marriage)--A husband-wife
relationship (first degree). By virtue of the marriage, a spouse is also
related to individuals related to the other spouse by blood (consanguinity),
and the degree of relationship by affinity is the same as the underlying
relationship of consanguinity. The ending of a marriage by divorce or death of
a spouse ends relationships of affinity created by that marriage unless a child
of that marriage is living, in which case the marriage is considered to
continue as long as a child of that marriage lives.
(3) Board--The Texas Board of Pardons and
Paroles, consisting of seven members appointed by the Governor.
(4) Commutation of sentence--An act of
clemency by the Governor which serves to modify the conditions of a
sentence.
(5) Conditional
pardons--A form of executive clemency granted by the Governor which serves to
release a person from the conditions of his or her sentence and 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 a
releasee.
(6) Consanguinity--A
relationship in which one individual is related to another individual where one
is a descendant of the other or where they share a common ancestor. An adopted
child is considered to be a child of the adoptive parent for this purpose. The
degree of relationship by consanguinity may be determined by adding the number
of generations between an individual and the individual's ancestor or
descendant.
(7) Consanguinity
within the third degree--An individual's relatives within the third degree by
consanguinity are the individual's parent or child (relatives in the first
degree); brother, sister, grandparent, or grandchild (relatives in the second
degree); and great-grandparent, great-grandchild, aunt who is a sister of a
parent of the individual, uncle who is a brother of a parent of the individual,
nephew who is a child of a brother or sister of the individual, or niece who is
a child of a brother or sister of an individual (relatives in the third
degree).
(8) CU/FI--Consecutive
felony sentence vote that designates the date on which the offender would have
been eligible for release on parole if the offender had been sentenced to serve
a single sentence. This is not a vote to release on parole.
(9) CU/NR--Consecutive felony sentence vote
to deny favorable parole action and set for review on a future specific month
and year (set-off).
(10)
CU/SA--Consecutive felony sentence vote to deny parole and not release the
offender until the serve-all date.
(11) DMS--Mandatory supervision vote to deny
release to mandatory supervision and set for review on a future specific month
and year (set-off).
(12)
Department--The Texas Department of Criminal Justice.
(13) Division--The Parole Division of the
Texas Department of Criminal Justice.
(14) Early Release on Parole--The
discretionary release of an offender from incarceration, but not from the legal
custody of the state, approximately 180 days prior to the offender's parole
eligibility date, under such conditions and provisions for supervision as a
parole panel may determine.
(15)
Eligible inmate--An offender who has been sentenced to a term of imprisonment
in the Texas Department of Criminal Justice Correctional Institutions Division;
is confined in a penal or correctional institution, including a jail or a
correctional institution in another state; and is eligible for release on
parole.
(16) Fiduciary--A person
holding a position of trust, who has the duty, created by the undertaking, to
act primarily for another's benefit in that undertaking.
(17) Full Pardon--An unconditional act of
executive clemency by the Governor which serves to release a person from the
conditions of his or her sentence and from any disabilities imposed by law
thereby.
(18) Further Investigation
(FI)--An initial determination by a parole panel favorable to parole of an
offender, subject to additional investigation and processing.
(19) Hearing Officer--A staff member
designated by the Board and assigned to conduct a preliminary or revocation
hearing concerning one or more allegations of violation of the terms and
conditions of parole, mandatory supervision, or conditional pardon; and a sex
offender conditions hearing to determine whether the offender constitutes a
threat to society by reason of lack of sexual control.
(20) Initial review--The review conducted by
the Board not later than the 180th day an offender is eligible for release on
parole.
(21) Inmate--A person
incarcerated in the TDCJ-Correctional Institutions Division (CID), other penal
institution, or jail serving a sentence imposed upon conviction of a
felony.
(22) Institutional Parole
Officer--A staff member responsible for interviewing offenders and preparing
case summaries for review by a parole panel or the Board; and notifying the
offender of the releasee decision along with the approval or denial
reasons.
(23) Mandatory
supervision--The non-discretionary release of an offender from incarceration,
but not from the legal custody of the state, under such conditions and
provisions for supervision as the parole panel may determine. For the purposes
of revocation, the terms "parole" and "mandatory supervision" are
interchangeable and reference to either one of said terms includes the
other.
(24) Mandatory supervision
date--The date on which the release to mandatory supervision of an eligible
offender may occur.
(25)
Offender--A person incarcerated in the TDCJ-Correctional Institutions Division
(CID), other penal institution, or jail serving a sentence imposed upon
conviction of a felony or a person released from prison on parole or mandatory
supervision.
(26) Offender's
file--The paper and electronic file maintained by the TDCJ Parole Division as
the official custodian of record.
(27) Pardon--See the definition of "full
pardon" set forth in this section.
(28) Parole--The discretionary release of an
offender from incarceration, but not from the legal custody of the state, under
such conditions and provisions for supervision as a parole panel may
determine.
(29) Parole
certificate--An order of the Board incorporating the terms and conditions of
release.
(30) Parole panel--A three
member decision-making body of the Board authorized to act in release matters.
In certain cases, the full Board acts as the parole panel.
(31) Party--Each person or agency named or
admitted as a party.
(32)
Posthumous--An event occurring after death.
(33) Preliminary hearing--Hearing to
determine whether probable cause exists to continue holding the offender in
custody pending the outcome of the final hearing.
(34) Preponderance of the Evidence--Evidence
that is of greater weight or more convincing than the evidence that is offered
in opposition to it; that is evidence which as a whole shows that the fact
sought to be proved is more probable than not.
(35) Projected Release Date--The minimum
expiration date as determined by the Texas Department of Criminal
Justice.
(36) Release
plan--Proposed community and place of residence and proposed employment or
proposed provision for maintenance and care of the releasee.
(37) Releasee--A person released from
TDCJ-CID on parole or mandatory supervision.
(38) Remain Set--A decision by the Board,
after a special review, to continue the initial denial vote set off.
(39) Remission of fine or forfeiture--An act
of clemency by the Governor releasing a person from payment of all or a portion
of a fine or canceling a forfeiture of a bond.
(40) Reprieve--A temporary release from the
terms of an imposed sentence.
(41)
Review period--A period in which a parole panel will review an eligible
offender for release on parole or mandatory supervision.
(42) Revocation--The cancellation of parole,
mandatory supervision, or a person granted a conditional pardon to immediate
incarceration or recommend to the Governor revocation of a conditional pardon
without further hearing or, in the instance of reprieve of a fine, to immediate
payment of the fine.
(43)
RMS--Mandatory supervision vote to release to mandatory supervision when
TDCJ-CID determines that the offender has reached the projected release
date.
(44) Serve-All (SA)--A
decision by the Board to deny parole and not release the offender until the
serve-all date.
(45) Serve-All
Date--The projected release date or minimum expiration date as determined by
the Texas Department of Criminal Justice.
(46) SID--State Identification Number
assigned by the Texas Department of Public Safety.
(47) TDCJ--Texas Department of Criminal
Justice.
(48) TDCJ-CID--Texas
Department of Criminal Justice-Correctional Institutions Division.
(49) Treatment--Refers to rehabilitation
programs also referred to as counseling or therapy.
(50) Trial officials--The present sheriff,
each chief of police, prosecuting attorney, and judge in the county and court
of conviction and release.
(51)
Victim--A person who is the victim of the offense of sexual assault, indecency
with a child by contact, continuous sexual abuse of a young child or children,
aggravated sexual assault, kidnapping, aggravated robbery, trafficking of
persons, or injury to a child, elderly individual, or disabled individual or
who has suffered personal injury or death as a result of the criminal conduct
of another, as defined in Article 56A.001, Sections 6 and 7, Code of Criminal
Procedure.
Notes
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