(a) Parole panels are vested with complete discretion
in making parole decisions to accomplish the mandatory duties found
in Chapter 508, Government Code.
(b) Parole guidelines have been adopted by the Board
to assist parole panels in the selection of possible candidates for
release. Parole guidelines are applied as a basis, but not as the
exclusive criteria, upon which parole panels base release decisions.
(1) The parole guidelines consist of a risk assessment
instrument and an offense severity scale. Combined, these components
serve as an instrument to guide parole release decisions.
(2) The risk assessment instrument includes two sets
of components, static and dynamic factors.
(A) Static factors include:
(i) Age at first admission to a juvenile or adult correctional
facility;
(ii) History of supervisory release revocations for
felony offenses;
(iii) Prior incarcerations;
(iv) Employment history; and
(v) The commitment offense.
(B) Dynamic factors include:
(i) The offender's current age;
(ii) Whether the offender is a confirmed security threat
group (gang) member;
(iii) Education, vocational and certified on-the-job
training programs completed during the present incarceration;
(iv) Prison disciplinary conduct; and
(v) Current prison custody level.
(3) Scores from the risk assessment instrument are
combined with an offense severity rating for the sentenced offense
of record to determine a parole candidate's guidelines level.
(c) The adoption and use of the parole guidelines do
not imply the creation of any parole release formula, or a right or
expectation by an offender to parole based upon the guidelines. The
risk assessment instrument and the offense severity scale, while utilized
for research and reporting, are not to be construed so as to mandate
either a favorable or unfavorable parole decision. The parole guidelines
serve as an aid in the parole decision process and the parole decision
shall be at the discretion of the Board and the voting parole panel.
(d) The Board is authorized to revise the parole guidelines
as warranted.
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Source Note: The provisions of this §145.2 adopted to be effective May 1, 1995, 20 TexReg 2861; amended to be effective March 20, 2003, 28 TexReg 2355; amended to be effective August 6, 2015, 40 TexReg 4905; amended to be effective November 18, 2018, 43 TexReg 7466; amended to be effective February 9, 2023, 48 TexReg 522 |