TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 5. TEXAS BOARD OF PARDONS AND PAROLES

CHAPTER 141. GENERAL PROVISIONS

SUBCHAPTER A. BOARD OF PARDONS AND PAROLES

37 TAC §§141.1, 141.3 - 141.5, 141.7

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 141, Subchapter A, concerning Board of Pardons and Paroles. The rules are adopted without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2396). The text of the rules will not be republished.

The amended rules are adopted to capitalize titles throughout the rules.

No public comments were received regarding adoption of these amendments.

The amended rules are adopted under §§508.036, 508.0441, 508.045, and 508.047, Texas Government Code. Section 508.036 authorizes the Board to adopt rules relating to the decision-making processes used by the Board and parole panels. Section 508.0441 and §508.045 authorize the Board to adopt reasonable rules as proper or necessary relating to the eligibility of an offender for release to mandatory supervision and to act on matters of release to mandatory supervision. Section 508.047 requires the members of the Board to meet at least once in each quarter of the calendar year at a site determined by the presiding officer.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2017.

TRD-201702741

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 13, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 406-5463


SUBCHAPTER B. RULEMAKING

37 TAC §141.51, §141.57

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §141.51 and §141.57 concerning rulemaking. The rules are adopted without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2398). The text of the rules will not be republished.

The amended rules are adopted to capitalize titles throughout the rules. Section 141.57 was amended to change the process of reviewing Petitions for Adoption of Rule which requires the General Counsel to consult with the Presiding Officer who will make a final decision on the disposition of the Petition.

No public comments were received regarding adoption of these amendments.

The amendments are adopted under §2001.021, Texas Government Code. Section 2001.021 requires a state agency to provide for public participation in the rulemaking process.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2017.

TRD-201702742

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 13, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 406-5463


SUBCHAPTER C. SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS

37 TAC §§141.60, 141.61, 141.71, 141.72

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 141, Subchapter C, concerning submission and presentation of information and representation of offenders. The rules are adopted without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2399). The text of the rules will not be republished.

The amended rules are adopted to capitalize titles throughout the rules and to define the timeframes for discretionary mandatory supervision in §141.60 and §141.61. The proposed amendments to §141.71 are to clean up the language.

No public comments were received regarding adoption of these amendments.

The amended rules are adopted under §508.082 and §508.083, Texas Government Code. Section 508.082 requires the Board to adopt rules relating to the submission and presentation of information and arguments to the Board, a parole panel, and the department for and in behalf of an inmate. Section 508.083 relates to representation of an inmate in a matter before the Board or a parole panel.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2017.

TRD-201702743

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 13, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 406-5463


SUBCHAPTER D. REGISTRATION OF VISITORS AND FEE AFFIDAVITS

37 TAC §141.81, §141.82

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §141.81 and §141.82, concerning registration of visitors and fee affidavits. Section 141.82 is adopted with changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2400) and will be republished. The following sentence will be added to §141.82(c), "A copy of the completed fee affidavit shall be submitted to the Board or any of its members, a parole panel, or any Board employee at the time of such an appearance." Section 141.81 is adopted without changes and will not be republished.

The amended rules are adopted to capitalize titles throughout the rules. Section 141.82 was amended to provide clarity for the attorneys as it relates to the fee affidavit and the interview.

No public comments were received regarding adoption of these amendments.

The amendments are adopted under §§508.036, 508.0441, 508.045, 508.084 and 508.313, Texas Government Code. Section 508.036 authorizes the Board to adopt rules relating to the decision-making processes used by the Board and parole panels. Section 508.0441 and §508.045 authorize the Board to adopt reasonable rules as proper or necessary relating to the eligibility of an offender for release to mandatory supervision and to act on matters of release to mandatory supervision. Section 508.084 requires a person who represents an inmate to file a fee affidavit with the Texas Department of Criminal Justice. Section 508.313 pertains to confidential and privileged information.

§141.82.Fee Affidavits.

(a) Any person who represents an inmate for compensation before the Board or any of its members, before a parole panel, or any Board employee for the purpose of submitting or presenting information or arguments for and in behalf of any person within the jurisdiction of the Board, shall submit before such appearance a completed fee affidavit form to TDCJ.

(b) The completed fee affidavit form shall state whether any fee has been, or is to be paid for his participation or services in the case and all other information required by Texas Government Code, Section 508.084.

(c) The submission of a completed fee affidavit is not considered a request for an interview. A copy of the completed fee affidavit shall be submitted to the Board or any of its members, a parole panel, or any Board employee at the time of such an appearance.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2017.

TRD-201702744

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 13, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 406-5463


SUBCHAPTER E. INTERVIEWS

37 TAC §141.91

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §141.91 concerning Purpose. The amended rule is adopted with changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2401). The text of the rule will be republished.

The amended rule is adopted to capitalize titles throughout the rule and add language to instruct lawyers when and where to contact the office for an interview.

No public comments were received regarding adoption of these amendments.

The amendments are adopted under §508.082 and §508.083, Texas Government Code. Section 508.082 requires the Board to adopt rules relating to the submission and presentation of information and arguments to the Board, a parole panel, and the department for and in behalf of an inmate. Section 508.083 relates to representation of an inmate in a matter before the Board or a parole panel.

§141.91.Purpose.

(a) Any Board Member, Parole Commissioner or representative of the Board may interview any person who wishes to present or submit information for and in behalf of any person within the jurisdiction of the Board upon proper registration and presentation of any necessary fee affidavit.

(b) Such interview shall not be deemed to be a hearing and shall not be public.

(c) A person shall request an interview, when the offender is in the review period as defined in §141.60(d) and §141.61(d) of this Chapter, by contacting the Board office of the parole panel designated to review the case.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2017.

TRD-201702745

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 13, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 406-5463


SUBCHAPTER F. SUBPOENAS

37 TAC §141.101

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §141.101, concerning issuance of subpoenas. The rules are adopted without changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2401). The text of the rules will not be republished.

The amended rules are adopted to capitalize titles throughout the rule.

No public comments were received regarding adoption of these amendments.

The amendments are adopted under §§508.036, 508.0441, 508.045, and 508.048, Texas Government Code. Section 508.036 authorizes the Board to adopt rules relating to the decision-making processes used by the Board and parole panels. Section 508.0441 and §508.045 authorize the Board to adopt reasonable rules as proper or necessary relating to the eligibility of an offender for release to mandatory supervision and to act on matters of release to mandatory supervision. Section 508.048 authorizes the Board to issue subpoenas.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2017.

TRD-201702746

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 13, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 406-5463


SUBCHAPTER G. DEFINITION OF TERMS

37 TAC §141.111

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §141.111 concerning definition of terms. The rules are adopted with changes to the proposed text as published in the May 5, 2017, issue of the Texas Register (42 TexReg 2402). The text of the rules will be republished. Paragraph 19 corrects the initial review to not later than the 180th day an offender is eligible for release on parole. Paragraph 46 corrects the word Correction to Correctional.

The amended rules are adopted to capitalize titles throughout the rule, add 14 (Eligible inmate), 19 (Initial Review) and 39 (Review period).

No public comments were received regarding adoption of these amendments.

The amendments are adopted under §§508.036, 508.0441, and 508.045, Texas Government Code. Section 508.036 authorizes the Board to adopt rules relating to the decision-making processes used by the Board and parole panels. Sections 508.0441 and 508.045 authorize the Board to adopt reasonable rules as proper or necessary relating to the eligibility of an offender for release to mandatory supervision and to act on matters of release to mandatory supervision.

§141.111.Definition of Terms.

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) 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.

(15) 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.

(16) 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.

(17) Further Investigation (FI)--An initial determination by a parole panel favorable to parole of an offender, subject to additional investigation and processing.

(18) 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.

(19) Initial review--The review conducted by the Board not later than the 180th day an offender is eligible for release on parole.

(20) 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.

(21) 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.

(22) 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.

(23) Mandatory supervision date--The date on which the release to mandatory supervision of an eligible offender may occur.

(24) 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.

(25) Offender's file--The paper and electronic file maintained by the TDCJ Parole Division as the official custodian of record.

(26) Pardon--See the definition of "full pardon" set forth in this section.

(27) 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.

(28) Parole certificate--An order of the Board incorporating the terms and conditions of release.

(29) 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.

(30) Party--Each person or agency named or admitted as a party.

(31) Posthumous--An event occurring after death.

(32) Preliminary hearing--Hearing to determine whether probable cause exists to continue holding the offender in custody pending the outcome of the final hearing.

(33) 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.

(34) Projected Release Date--The minimum expiration date as determined by the Texas Department of Criminal Justice.

(35) Release plan--Proposed community and place of residence and proposed employment or proposed provision for maintenance and care of the releasee.

(36) Releasee--A person released from TDCJ-CID on parole or mandatory supervision.

(37) 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.

(38) Reprieve--A temporary release from the terms of an imposed sentence.

(39) Review period--A period in which a parole panel will review an eligible offender for release on parole or mandatory supervision.

(40) 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.

(41) RMS--Mandatory supervision vote to release to mandatory supervision when TDCJ-CID determines that the offender has reached the projected release date.

(42) Serve-All (SA)--A decision by the Board to deny parole and not release the offender until the serve-all date.

(43) Serve-All Date--The projected release date or minimum expiration date as determined by the Texas Department of Criminal Justice.

(44) SID--State Identification Number assigned by the Texas Department of Public Safety.

(45) TDCJ--Texas Department of Criminal Justice.

(46) TDCJ-CID--Texas Department of Criminal Justice-Correctional Institutions Division.

(47) Treatment--Refers to rehabilitation programs also referred to as counseling or therapy.

(48) Trial officials--The present sheriff, each chief of police, prosecuting attorney, and judge in the county and court of conviction and release.

(49) Victim--A person who is the victim of the offense of sexual assault, indecency with a child by contact, continuous sexual abuse of a young child or children, aggravated sexual assault, kidnapping, aggravated robbery, trafficking of persons, or injury to a child, elderly individual, or disabled individual or who has suffered personal injury or death as a result of the criminal conduct of another, as defined in the Texas Code of Criminal Procedure, Article 56.01, Sections 2(a) and 3.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2017.

TRD-201702747

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: August 13, 2017

Proposal publication date: May 5, 2017

For further information, please call: (512) 406-5463


PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES

SUBCHAPTER A. ADMISSION, PLACEMENT, RELEASE, AND DISCHARGE

DIVISION 6. PAROLE AND DISCHARGE

37 TAC §380.8595

The Texas Juvenile Justice Department (TJJD) adopts amendments to §380.8595, concerning Parole Completion and Discharge, without changes to the proposed text as published in the March 17, 2017, issue of the Texas Register (42 TexReg 1238).

JUSTIFICATION FOR CHANGES

The public benefit anticipated as a result of administering the section will be the availability of rules that have been updated to conform to current laws, to more accurately reflect TJJD's current operational practices, and to move the agency toward best practices in supervision and discharge of youth on parole.

SUMMARY OF CHANGES

The amended rule removes the requirement that youth with offenses of high severity or who were ever classified as Type A Violent must remain on parole until age 19. These youth may now successfully complete parole and be discharged before reaching age 19.

The amended rule also adds two new requirements for the successful completion of parole: 1) youth with a committing or revocation offense of high severity must successfully complete 90 days on the minimum level of parole supervision and 2) all other youth must successfully complete 30 calendar days on the minimum level of parole supervision.

In addition, the amended rule clarifies that a requirement for successful completion of parole is completing 40 hours of approved constructive activities each week for the four consecutive weeks immediately prior to the discharge date (instead of each week for at least 30 days).

The amended rule also removes the condition that a youth must never have been classified as a Type A Violent offender or had a committing offense of high severity in order for that youth to be discharged prior to the completion of parole requirements to enlist in the military.

The amended rule also clarifies that youth placed out of state may be discharged when the youth is adjudicated by a juvenile court or convicted by a criminal court in the placement state and specifies that approval from the executive director is not required for such discharges.

In addition, the amended rule removes the condition that a youth must never have been classified as a Type A Violent offender or had a committing offense of high severity in order for that youth to be discharged prior to the completion of parole requirements to obtain appropriate services and also specifies that a designee of the executive director may approve such discharges.

The amended rule also specifies that special discharges for reasons other than those listed in the rule may be approved by a designee of the executive director.

The amended rule also adds that TJJD discharges a youth when the youth is placed on actively supervised adult probation for conduct that occurred in a TJJD or contract residential facility while the youth was not on parole status and the youth spent at least 180 days in county jail awaiting the disposition.

In addition, the amended rule specifies that TJJD notifies the youth's parole officer at least ten calendar days before the youth's discharge or as soon as practicable, if the youth is not on parole status at a home location at the time of discharge, and that TJJD notifies the chief juvenile probation officer for the county in which the youth will be living after discharge at least ten calendar days before the youth's discharge or as soon as practicable, if that county is different than the one that committed the youth.

SUMMARY OF PUBLIC COMMENTS

TJJD did not receive any public comments on the proposed rulemaking action.

STATUTORY AUTHORITY

The amended section is adopted under Texas Human Resources Code §242.003, which authorizes TJJD to adopt rules appropriate to the proper accomplishment of its functions and to adopt rules for governing TJJD schools, facilities, and programs, and §245.001, which authorizes TJJD to employ parole officers to investigate, place, supervise, and direct the activities of a parolee to ensure the parolee's adjustment to society in accordance with the rules adopted by the TJJD Board.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 21, 2017.

TRD-201702738

Jill Mata

General Counsel

Texas Juvenile Justice Department

Effective date: August 15, 2017

Proposal publication date: March 17, 2017

For further information, please call: (512) 490-7278