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.
Cont'd... |