| (a) This rule provides a forum for receipt and consideration
of information not previously available to the parole panel where
the decision of the panel was to deny release to parole or mandatory
supervision. If the denial decision was based upon erroneous information
or an administrative file processing error, this rule does not apply.
(b) Requests for special review shall apply only to
cases reviewed for release to parole or mandatory supervision where
the decision of the parole panel was to deny release to parole or
mandatory supervision.
(c) All requests for special review shall be in writing
and signed by the offender, his or her attorney, or in cases where
the offender is unable to sign due to a mental or physical impairment,
by a person acting on his or her behalf.
(d) All requests for special review shall be filed
with the Texas Board of Pardons and Paroles, Board Administrator,
8610 Shoal Creek Blvd., Austin, Texas 78757.
(e) The Board Administrator shall refer to the special
review parole panel only those requests for special review which meet
the criteria set forth herein.
(f) Requests for special review shall be considered
in the following circumstances:
(1) a written request on behalf of an offender is received
which cites information not previously available to the parole panel;
or
(2) a parole panel denied release to parole or mandatory
supervision and a parole panel member who voted with the majority
on that panel desires to have the decision reconsidered prior to the
next review (NR) date; or
(3) if both parole panel members who voted with the
majority are no longer active Board Members or Parole Commissioners,
the Presiding Officer Chair places the case in the special review
process to be reconsidered prior to the NR date.
(g) Information not previously available shall mean
only:
(1) responses from trial officials and victims;
(2) a change in an offender's sentence and judgment;
or
(3) an allegation that the parole panel has committed
an error of law or Board rule.
(h) Erroneous information shall mean information provided
to the parole panel during the review process that may have been utilized
as a basis for denial but is later determined to be inaccurate.
(i) Administrative processing error shall mean an action
during the processing of an offender's file which results in the omission
of or the recording of inaccurate information with respect to voting,
denial reasons, or NR dates.
(j) A special review parole panel, other than the current
voting panel, shall decide and exercise final action on such requests
for special review.
(k) Upon considering a case for special review, the
special review parole panel may take the following action:
(1) defer for request and receipt of further information;
(2) vote remain set; or
(3) revote the case in accordance with applicable provisions
of Subchapter A of this chapter (relating to Parole Process).
(l) The special review parole panel shall not set an
offender's NR date on a date later than the previous NR date.
|
| Source Note: The provisions of this §145.17 adopted to be effective February 3, 1999, 24 TexReg 788; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective July 13, 2004, 29 TexReg 6733; amended to be effective June 12, 2005, 30 TexReg 3261; amended to be effective August 10, 2006, 31 TexReg 6238; amended to be effective December 9, 2007, 32 TexReg 8854; amended to be effective February 18, 2009, 34 TexReg 1096; amended to be effective August 6, 2015, 40 TexReg 4905; amended to be effective February 11, 2016, 41 TexReg 970; amended to be effective November 18, 2018, 43 TexReg 7466 |
