37 Tex. Admin. Code § 145.18 - Action upon Review; Extraordinary Vote (HB 1914)
(a) This section
applies to any offender convicted of or serving a sentence for a capital felony
with a life sentence, who is eligible for parole, or convicted of or serving
sentence for an offense under Section
22.021, Penal Code. All
members of the Board shall vote on the release of an eligible offender. At
least two-thirds of the members must vote favorably for the offender to be
released to parole. Members of the Board shall not vote until they receive and
review a copy of a written report from the TDCJ on the probability of the
offender committing an offense after being released.
(1) Upon review, use of the full range of
voting options is not conducive to determining whether two-thirds of the Board
considers the offender ready for release to parole.
(2) If it is determined that circumstances
favor the offender's release to parole the Board has the following voting
options available:
(A) FI-1--Release the
offender when eligible;
(B) FI-4 R
(Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only
after program completion and not earlier than four months from specified date.
Such TDCJ program shall be the Sex Offender Education Program (SOEP);
(C) FI-9 R (Month/Year)--Transfer to a TDCJ
rehabilitation program. Release to parole only after program completion and not
earlier than nine (9) months from specified date. Such TDCJ program shall be
the Sex Offender Treatment Program (SOTP-9); or
(D) FI-18 R (Month/Year)--Transfer to a TDCJ
rehabilitation treatment program. Release to parole only after program
completion and no earlier than eighteen months from the specified date. Such
TDCJ program may include the Sex Offender Treatment Program (SOTP-18). In no
event shall the specified date be set more than three (3) years from the
current panel decision date.
(3) If it is determined that circumstances do
not support a favorable action upon review, the following options are
available:
(A) NR (Month/Year)--Deny release
and set the next review date for 36, 60, 84, or 120 months following the panel
decision date; or
(B) SA--The
offender's minimum or maximum expiration date is less than 120 months away. The
offender will continue to serve their sentence until that date.
(b) If the offender is
sentenced to serve consecutive sentences and each sentence in the series is for
an offense committed on or after September 1, 1987, the following voting
options are available to the Board panel:
(1)
CU/FI (Month/Year-Cause Number)--A favorable parole action that designates the
date an offender would have been released if the offender had been sentenced to
serve a single sentence;
(2) CU/NR
(Month/Year-Cause Number)--Deny release and set the next review date for 60,
84, or 120 months following the panel decision date; or
(3) CU/SA (Month/Year-Cause Number)--Deny
release and order serve-all if the offender is within 120 months of their
maximum expiration date.
(c) Some offenders are eligible for
consideration for release to Discretionary Mandatory Supervision if the
sentence is for an offense committed on or after September 1, 1996. Prior to
the offender reaching the projected release date, the voting options are the
same as those listed in subsections (a) and (b) of this section. If the
TDCJ-CID determines that release of the offender will occur because the
offender will reach the projected release date, the case shall be referred to a
three-member parole panel within 30 days of the offender's projected release
date for consideration for release to mandatory supervision using the following
options:
(1) RMS--Release to mandatory
supervision; or
(2) DMS
(Month/Year)--Deny release to mandatory supervision and set for review on a
future specific month and year. The next mandatory supervision review date
shall be set one year from the panel decision date.
(d) Upon review of any eligible offender who
qualifies for release to Medically Recommended Intensive Supervision (MRIS),
the MRIS panel shall initially vote to either recommend or deny MRIS
consideration. The MRIS panel shall base this decision on the offender's
medical condition and medical evaluation, and shall determine whether the
offender constitutes a threat to public safety.
(1) If the MRIS panel determines the offender
does constitute a threat to public safety, no further voting is
required.
(2) If the MRIS panel
determines that the offender does not constitute a threat to public safety, the
case shall be sent to the full Board, which shall determine whether to approve
or deny the offender's release to parole. The following voting options are
available to the Board:
(A) Approve MRIS--The
Board shall vote F1-1 and impose special condition "O" -"The offender shall
comply with the terms and conditions of the MRIS program and abide by a Texas
Correctional Office for Offenders with Mental or Medical Impairments
(TCOOMMI)-approved release plan. At any time this condition is in effect, an
offender shall remain under the care of a physician and in a medically suitable
placement"; the Board shall provide appropriate reasons for the decision to
approve MRIS; or
(B) Deny MRIS--The
Board shall provide appropriate reasons for the decision to deny
MRIS.
(3) The decision to
approve release to MRIS for an offender remains in effect until specifically
withdrawn by the Board.
(e) If a request for a special review meets
the criteria set forth in §
145.17(f) of
this title (relating to Action upon Special Review--Release Denied), the
offender's case shall be sent to the special review panel.
(1) The special review panel may take action
as set forth in §
145.17(i) of
this title.
(2) When the special
review panel decides the offender's case warrants a special review, the case
shall be re-voted by the full Board. The Presiding Officer shall determine the
order of the voting panel. Voting options are the same as those in subsections
(a) - (c) of this section.
Notes
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