TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 5. TEXAS BOARD OF PARDONS AND PAROLES

CHAPTER 145. PAROLE

SUBCHAPTER A. PAROLE PROCESS

37 TAC §145.7

The Texas Board of Pardons and Paroles proposes a new rule to 37 TAC Chapter 145, §145.7 concerning initial review. The new rule is proposed to update the initial review of the offender in which the Board identifies the classes or programs listed in the Individual Treatment Plans and requires the Board to provide the offender with a copy of the plan.

David Gutiérrez, Chair of the Board, determined that for each year of the first five-year period the proposed new rule is in effect, no fiscal implications exist for state or local government as a result of enforcing or administering this new section.

Mr. Gutiérrez also has determined that for each year of the first five years the new rule is in effect, the public benefit anticipated as a result of enforcing the new rule will be to bring the rule in compliance with the amendments to Texas Government Code, §508.141. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the new rule as proposed.

An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the new rule will not have an economic effect on small businesses as defined in Texas Government Code §2006.001(2).

Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this new rule.

The new rule is proposed under Texas Government Code §§508.036, 508.0441, 508.045, 508.141, and 508.149. Section 508.036 requires 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 508.141 provides the board authority to adopt policy establishing the date on which the board may reconsider for release an inmate who has previously been denied release. Section 508.149 provides authority for the discretionary release of offenders on mandatory supervision.

No other statutes, articles, or codes are affected by this new rule.

§145.7.Initial Review.

(a) The Board shall conduct an initial review of an offender, who is eligible to be released on parole, not later than the 180th day of the offender's admission to the TDCJ CID.

(b) The Board shall identify the classes or programs listed in the Individual Treatment Plans as the classes or programs that the Board intends to require the offender to complete before releasing the offender on parole. TDCJ shall provide the offender with a copy of the Individual Treatment Plan which includes a list of classes or programs.

(c) Before the offender is approved for release on parole, the offender must agree to participate in the classes or programs described by the Individual Treatment Plan. Refusal to participate in the classes or programs described by the Individual Treatment Plan shall be considered by the Board when reviewing the offender for parole.

(d) The identification of any classes or programs under subsection (b) shall have no effect on any discretionary decision made by the Board regarding any offender and does not imply a right or expectation by an offender to parole based upon the completion of the classes or programs.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

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

TRD-201702750

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Earliest possible date of adoption: September 3, 2017

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