TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 5. TEXAS BOARD OF PARDONS AND PAROLES

CHAPTER 145. PAROLE

SUBCHAPTER A. PAROLE PROCESS

37 TAC §145.18

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 145, §145.18, concerning action upon review; extraordinary vote (HB 1914). The rule is adopted without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 412). The text of the rule will not be republished.

The amended rule is adopted to update the frequency in which the Board considers the eligibility of certain offenders for release on parole in §145.15.

No public comments were received regarding adoption of these amendments.

The amended rule is adopted under Texas Government Code §§508.036 508.0441, 508.045, 508.141, 508.146, 508.149 and 508.150. 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 508.146 provides authority for release on parole an offender who is otherwise eligible for release and meets the criteria for Medically Recommended Intensive Supervision (MRIS). Section 508.149 provides authority for the discretionary release of offenders on mandatory supervision. Section 508.150 authorizes the Board to determine the date an inmate becomes eligible for release on parole from the last sentence in a series of consecutive sentences.

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 April 20, 2017.

TRD-201701639

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: May 10, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 406-5388