(a) This section applies to any offender convicted
of or serving a sentence for a capital felony, other than a life sentence,
an offense under Sections 20A.03, 21.02, or 21.11(a)(1), Penal Code,
or who is required under Section 508.145(c), Government Code to serve
35 calendar years before becoming eligible for parole review. 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 department
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 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 (4) 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 or 60 months following the panel decision date;
or
(B) SA--The offender's minimum or maximum expiration
date is less than 60 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 36 or 60 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 60 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 (1) 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 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.
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Source Note: The provisions of this §145.15 adopted to be effective September 26, 2002, 27 TexReg 8965; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective November 14, 2004, 29 TexReg 10270; amended to be effective September 16, 2007, 32 TexReg 6159; amended to be effective June 8, 2008, 33 TexReg 4333; amended to be effective March 10, 2011, 36 TexReg 1681; amended to be effective November 30, 2011, 36 TexReg 8043; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective August 10, 2014, 39 TexReg 5964; amended to be effective February 11, 2016, 41 TexReg 970; amended to be effective November18, 2018, 43 TexReg 7466; amended to be effective May 18, 2023, 48 TexReg 2508 |