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 proposes amendments to 37 Chapter 141, Subchapter A, concerning Board of Pardons and Paroles. The amendments are proposed to capitalize titles throughout the rules.

David Gutiérrez, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.

Mr. Gutiérrez also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing these sections will be to provide methods for the general provisions of the Board. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rules as proposed.

An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments 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 proposal.

The amended rules are proposed 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.

No other statutes, articles, or codes are affected by these amendments.

§141.1.Presiding Officer [(Chair)].

(a) The Presiding Officer [presiding officer] (Chair) [(chair)]) is designated by the Governor [governor] and serves in that capacity at the pleasure of the Governor [governor]. The Presiding Officer [presiding officer] reports directly to the Governor [governor] and serves as the administrative head of the Board [board]. The Presiding Officer [presiding officer] acts as spokesperson for the Board [board].

(b) The Presiding Officer [presiding officer] may:

(1) delegate responsibilities and authority to other members of the Board [board], Parole Commissioners [parole commissioners], or to employees of the Board [board];

(2) appoint advisory committees from the membership of the Board [board] or from Parole Commissioners [parole commissioners] to further the efficient administration of Board [board] business;

(3) establish policies and procedures to further the efficient administration of the business of the Board [board]; and

(4) (No change.)

(c) The Presiding Officer [presiding officer] shall:

(1) develop and implement policies that clearly separate the policy-making responsibilities of the Board [board] and the management responsibilities of the Board Administrator [board administrator], Parole Commissioners [parole commissioners], and the staff of the Board [board];

(2) establish caseloads and required work hours for members of the Board [board] and Parole Commissioners [parole commissioners];

(3) develop policies to ensure Board Members [board members] and Parole Commissioners [parole commissioners] implement the updated parole guidelines and assign precedential value to previous decisions of the Board [board ] relating to the granting of parole and the revocation of parole or mandatory supervision, and develop policies to ensure that members of the Board [board] and Parole Commissioners [parole commissioners] use updated parole guidelines and previous decisions of the Board [board] and Parole Commissioners [parole commissioners] in making decisions;

(4) require members of the Board [board] and Parole Commissioners [parole commissioners] to file activity reports that provide information on release decisions made by members of the Board [board] and Parole Commissioners [parole commissioners], the workload and hours worked of the members of the Board [board] and Parole Commissioners [parole commissioners], and the use of parole guidelines by members of the Board [board] and Parole Commissioners [parole commissioners];

(5) report annually on all [board ] activities of the Board [board] and Parole Commissioners [parole commissioners], parole release decisions and the use of parole guidelines by the Board [board] and Parole Commissioners [parole commissioners] to the Governor [governor] and the Legislature [legislature]; and

(6) designate the composition of each parole panel and designate panels composed of at least one Board Member [board member] and any combination of Board Members [board members] and Parole Commissioners [parole commissioners].

(d) The Presiding Officer [presiding officer] is responsible for the employment and supervision of:

(1) Parole Commissioners [parole commissioners];

(2) a General Counsel [general counsel] to the Board [board];

(3) a Board Administrator [board administrator ] to manage the day-to-day activities of the Board [board];

(4) a Public Information Officer [public information officer];

(5) a Budget Director [budget director];

(6) Hearing Officers [hearing officers];

(7) Institutional Parole Officers [institutional parole officers];

(8) - (9) (No change.)

§141.3.Board Administration.

(a) The transaction of business before the Board [board] requires a quorum of the Board [board] and decisions require a majority of the quorum. Four members of the Board [board] constitute a quorum.

(b) The Board [board] shall:

(1) adopt rules which govern the decision-making processes of the Board [board] and parole panels.

(2) prepare information of public interest describing the functions of the Board [board] and make the information available to the public and appropriate state agencies;

(3) (No change.)

(4) prepare annually a complete and detailed written report that meets the reporting requirements applicable to financial reporting provided in the General Appropriations Act and accounts for all funds received and disbursed by the Board [board] during the preceding fiscal year;

(5) develop for Board Members [board members] and Parole Commissioners [parole commissioners ] a comprehensive training and education program on the criminal justice system, with special emphasis on the parole process;

(6) develop and implement a training program that each newly hired employee of the Board [board] designated to conduct hearings under Texas Government Code, Section 508.281, must complete before conducting a hearing without the assistance of a Board Member [board member] or experienced Parole Commissioner [parole commissioner] or designee;

(7) develop and implement a training program to provide an annual update to designees of the Board [board] on issues and procedures relating to the revocation process;

(8) prepare and biennially update a procedural manual to be used by designees of the Board [board]. The Board [board] shall include in the manual:

(A) descriptions of decisions in previous hearings determined by the Board [board] to have value as precedents for decisions in subsequent hearings;

(B) - (C) (No change.)

(9) (No change.)

(10) develop and implement a policy that clearly defines circumstances under which a Board Member [board member] or Parole Commissioner [parole commissioner] should disqualify himself or herself from voting on:

(A) - (B) (No change.)

(11) after consultation with the Governor [governor] and the Texas Board of Criminal Justice, adopt a mission statement that reflects the responsibilities for the operation of the parole process that are assigned to the Board [board], the Division [division], the Department [department], or the Texas Board of Criminal Justice;

(12) include in the mission statement a description of specific locations at which the Board [board] intends to conduct business related to the operation of the parole process;

(13) adopt rules relating to:

(A) the submission and presentation of information and arguments to the Board [board], a parole panel, and the Department [department] for and in behalf of an inmate; and

(B) the time, place, and manner of contact between a person representing an inmate and:

(i) a member of the Board [board] or a Parole Commissioner [parole commissioner];

(ii) an employee of the Board [board]; or

(iii) an employee of the Department [department];

(14) (No change.)

(15) adopt a policy establishing the date on which the Board [board] may reconsider for release an inmate who has previously been denied release.

§141.4.Meetings.

(a) The members of the Board [board] shall meet at least once in each quarter of the calendar year at a site determined by the Chair [presiding officer (chair)], or

(b) The Board [board] meets at the call of the Chair [chair].

§141.5.Parliamentary Authority.

(a) The current edition of the Robert's Rules of Order shall govern the conduct of all meetings of the Board [board ] except as may be otherwise specified in statutory law or herein.

(b) All documents evidencing the actions taken by the Board [board] during a meeting shall be authenticated by the Presiding Officer's [presiding officer's] signature pursuant to the Robert's Rules of Order.

§141.7.Composition of Parole Panels.

The Chair [presiding officer (chair)] shall designate the composition of each panel.

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 April 20, 2017.

TRD-201701642

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Earliest possible date of adoption: June 4, 2017

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


SUBCHAPTER B. RULEMAKING

37 TAC §141.51, §141.57

The Texas Board of Pardons and Paroles proposes amendments to 37 Chapter 141, Subchapter B, concerning rulemaking. The amendments are proposed to capitalize titles throughout the rules. The amendments to §141.57 are to mirror the language in the Board of Criminal Justice rules as it relates to Petition for the Adoption of a Rule and further explain where to mail a petition.

David Gutiérrez, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.

Mr. Gutiérrez also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing these sections will be to provide a method for submission of a petition and rulemaking by the Board. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rules as proposed.

An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments 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 proposal.

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

No other statutes, articles, or codes are affected by these amendments.

§141.51.Use and Effect of Rules.

These rules are prescribed for the performance of the constitutional and statutory powers and functions vested in the Board [board ]. In no event shall they or any of them be construed as a limitation or restriction upon the exercise of any discretion by the Board [board] or by a parole panel.

§141.57.Petition for Adoption of Rule.

(a) Any interested person may petition the Board [board] requesting the adoption of a rule.

(b) A petition shall be mailed to the General Counsel of the Texas Board of Pardons and Paroles at P. O. Box 13401, Austin, Texas 78711.

(c) [(b)] The petition must be submitted in writing, must be identified as Petition for Adoption of Rule, and must comply with the following requirements:

(1) - (2) (No change.)

(3) each petition must be delivered to the General Counsel [general counsel] of the Board [board] at its Austin office; and

(4) (No change.)

(A) - (B) (No change.)

[(c) Within 60 days after receipt of a petition, the board shall consider the petition at a regular meeting and thereafter shall either deny it in writing, stating its reasons for denial, or shall initiate rulemaking proceedings in accordance with the Texas Government Code, Section 2001.021. A petition may be denied for failure to comply with the petition requirements of this rule.]

(d) If the General Counsel determines that further information is necessary, the General Counsel may require that the petitioner resubmit the petition and that it contain:

(1) A statement of statutory authority or authority under which the rule is to be promulgated;

(2) Whether there will be an impact on the employment of the local economy;

(3) If an adverse economic impact of the proposed rule on small or microbusinesses is identified, the petition shall also contain:

(A) An economic impact statement which details the probable effect of the rule on employment in each geographic area affected by the rule for each year of the first five years that the rule will be in effect, and describes alternative methods of achieving the purpose of the proposed rule; and

(B) A regulatory flexibility analysis as defined in Texas Government Code Section 2006.002(d). In addition to the petition, the person may submit a proposal for the adoption of the proposed rule through negotiated rulemaking. The proposal shall identify the potential participants for the negotiated rulemaking committee, possible third party facilitators, and a timeline for the process.

(e) Consideration and Disposition of the Petition.

(1) Except as provided in subsection (f) of this rule, the Chair, in consultation with the General Counsel, shall consider and reject or approve petitions submitted.

(2) Within 60 days after receipt of a petition by the General Counsel, or within 60 days after receipt by the General Counsel of a resubmitted petition in accordance with subsection (d) of this rule, the Chair, in consultation with the General Counsel, shall consider the petition and shall either deny it in writing, stating its reasons for denial, or shall initiate rulemaking proceedings in accordance with the Texas Government Code, Section 2001.021.

(3) A petition may be denied for failure to comply with the petition requirements of this rule.

(4) If the Chair, in consultation with the General Counsel, denies the petition, the General Counsel shall give the petitioner written notice of the denial and the reasons for the denial.

(f) The General Counsel may refuse to consider any subsequent petition for the adoption of the same or similar rule submitted within one year after the date of the initial petition.

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 April 20, 2017.

TRD-201701643

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Earliest possible date of adoption: June 4, 2017

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


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 proposes amendments to 37 Chapter 141, Subchapter C, concerning submission and presentation of information and representation of offenders. The amendments are proposed 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.

David Gutiérrez, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.

Mr. Gutiérrez also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing these sections will be to provide a method for submission and presentation of information and representation of offenders. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rules as proposed.

An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments 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, TX 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 proposal.

The amended rule is proposed 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.

No other statutes, articles or codes are affected by these amendments.

§141.60.Submission and Presentation of Information.

(a) Unless otherwise authorized [provided], information and arguments in support of an offender shall be in writing.

(b) Except as [Unless otherwise] provided in subsection (c) of this rule, all information and arguments in support of an offender's release shall be submitted at any time to the Review and Release Processing Section-TDCJ, Austin, Texas.

(c) When [In the event that] an offender's case is in the review period, copies of all information and arguments in support of an offender's release may be submitted to members of the parole panel designated to consider the case. [For this purpose, review period shall mean a period greater than two months but less than six months prior to the month of the next scheduled review.]

(d) For the purpose of this rule [of Discretionary Mandatory Review], the review period shall be greater than two months but less than six months [mean a period greater than thirty days but less than seventy-five days] prior to the month of the next schedule review period [projected release date].

§141.61.Representation of an Offender.

(a) Persons representing an offender pursuant to Texas Government Code, Chapter 508, Subchapter C, may appear before a member of the Board [board] or parole panel designated to consider the offender's case.

(b) Requests for appearances by persons representing offenders shall be only submitted when the offender's case is under review, during the review period, and at the discretion of the members of the parole panel designated to review the case.

(c) The time, place, and manner of contact between a person representing an offender and a member of the Board [board] or an employee of the Board [board] shall be established by the members of the parole panel designated to review the case.

(d) For the [this] purpose of this rule, the review period shall mean [a period] greater than two months but less than six months prior to the month of the next scheduled review period.

[(e) For the purpose of Discretionary Mandatory Review, the review period shall mean a period greater than thirty days but less than seventy-five days prior to the projected release date.]

§141.71.Minutes of the Board.

All minutes of the Board [board] and parole panels, final decisions relating to parole, mandatory supervision, pardons, and clemency[, statistical and general information concerning the parole and mandatory supervision program and system, including the names of releasees and data recorded relating to parole and mandatory supervision services] shall be matters of public record[and subject to public inspection during normal business hours except as limited by exceptions recognized under common law and the Texas Public Information Act].

§141.72.Record of Decisions

(a) All Board [board] and parole panel decisions are maintained by the division as the official custodian of all electronic and paper records obtained and maintained for offenders eligible for parole or mandatory supervision.

(b) The Board [board] shall keep records of their acts concerning clemency matters.

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 April 20, 2017.

TRD-201701644

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Earliest possible date of adoption: June 4, 2017

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


SUBCHAPTER D. REGISTRATION OF VISITORS AND FEE AFFIDAVITS

37 TAC §141.81, §141.82

The Texas Board of Pardons and Paroles proposes amendments to 37 Chapter 141, Subchapter D, concerning registration of visitors and fee affidavits. The amendments are proposed to capitalize titles throughout the rules, cleanup the language and clarify the timeframes for submitting required documents.

David Gutiérrez, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.

Mr. Gutiérrez also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing these sections will be to provide a method for registration of visitors and fee affidavits. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rules as proposed.

An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments 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, TX 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 proposal.

The amended rules are proposed 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.

No other statutes, articles or codes are affected by these amendments.

§141.81.Registration of Visitors.

Any person who appears before the Board board] or a parole panel, or before any Board Member [board member], Parole Commissioner [parole commissioner], or any Board [board] employee whether in an interview or at a hearing, except those appearing as witnesses at a preliminary and/or revocation hearing or a sex offender condition hearing, for the purpose of submitting or presenting information or arguments for and in behalf of any person within the jurisdiction of the Board [board], shall register in the record of the Board [board] as required by Texas Government Code, Section 2004.002. A Board Member [board member], Parole Commissioner [parole commissioner], or representative of the Board [board] shall protect the confidentiality of the victim as required by Texas Government Code, Section 508.313.

§141.82.Fee Affidavits.

(a) Any person who represents an inmate for compensation before the Board [board] or any of its members, before a parole panel, or any Board [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 [board], shall submit before [or at the time of] 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.

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 April 20, 2017.

TRD-201701645

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Earliest possible date of adoption: June 4, 2017

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


SUBCHAPTER E. INTERVIEWS

37 TAC §141.91

The Texas Board of Pardons and Paroles proposes amendments to 37 TAC §141.91, concerning purpose. The amendments to §141.91 are proposed to capitalize titles throughout the rule and add language to instruct lawyers to contact the correct office.

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

Mr. Gutiérrez also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing this section will be to provide a method for interviews. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed.

An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments 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, TX 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 proposal.

The amended rule is proposed under §508.082 and §508.083, 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.

No other statutes, articles or codes are affected by these amendments.

§141.91.Purpose.

(a) Any Board Member [board member], Parole Commissioner [parole commissioner] or representative of the Board [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 [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 Sections 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 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 April 20, 2017.

TRD-201701646

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Earliest possible date of adoption: June 4, 2017

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


SUBCHAPTER F. SUBPOENAS

37 TAC §141.101

The Texas Board of Pardons and Paroles proposes amendments to 37 TAC §141.101, concerning issuance of subpoenas. The amendments to §141.101 are proposed to capitalize titles throughout the rule.

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

Mr. Gutiérrez also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing this section will be to provide a method for the issuance of subpoenas. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed.

An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments 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, TX 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 proposal.

The amended rule is proposed under §§508.036, 508.0441, 508.045, and 508.048, 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.

No other statutes, articles or codes are affected by these amendments.

§141.101.Issuance of Subpoenas.

(a) A parole panel may issue subpoenas requiring the attendance of witnesses and the production of records, books, papers, and documents as deemed necessary for the investigation of the case of any person before a parole panel or designee of the Board [board].

(b) Subpoenas may be issued following the completion of an application prescribed by the Board [board].

(c) Subpoenas may be signed and oath administered by any member of the Board [board].

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 April 20, 2017.

TRD-201701647

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Earliest possible date of adoption: June 4, 2017

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


SUBCHAPTER G. DEFINITION OF TERMS

37 TAC §141.111

The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Section 141.111, concerning definition of terms. The amendments to §141.111 are proposed to capitalize titles throughout the rule, and add 14 (Eligible inmate), 19 (Initial Review) and 39 (Review period).

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

Mr. Gutiérrez also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing this section will be to provide definitions relating to the parole and mandatory supervision processes. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rule as proposed.

An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments 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 proposal.

The amended rule is proposed under §§508.036, 508.0441, and 508.045, 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.

No other statutes, articles or codes are affected by these amendments.

§141.111Definition of Terms.

The following words and terms used within these rules shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (2) (No change.)

(3) Board--The Texas Board of Pardons and Paroles, consisting of seven members appointed by the Governor [governor].

(4) Commutation of sentence--An act of clemency by the Governor [governor] which serves to modify the conditions of a sentence.

(5) Conditional pardons--A form of executive clemency granted by the Governor [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) - (13) (No change.)

(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) [(14)] 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) [(15)] Full Pardon--An unconditional act of executive clemency by the Governor [governor] which serves to release a person from the conditions of his or her sentence and from any disabilities imposed by law thereby.

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

(18) [(17)] Hearing Officer [officer]--A staff member designated by the Board [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 18th day an offender is eligible for release on parole.

(20) [(18)] 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) [(19)] Institutional Parole Officer [parole officer]--A staff member responsible for interviewing offenders and preparing case summaries for review by a parole panel or the Board [board] and notifying the offender of the releasee decision along with the approval or denial reasons.

(22) [(20)] 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) [(21)] Mandatory supervision date--The date on which the release to mandatory supervision of an eligible offender may occur.

(24) [(22)] 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) [(23)] Offender's file--The paper and electronic file maintained by the TDCJ Parole Division as the official custodian of record.

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

(27) [(25)] 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) [(26)] Parole certificate--An order of the Board [board] incorporating the terms and conditions of release.

(29) [(27)] Parole panel--A three member decision-making body of the Board [board] authorized to act in release matters. In certain cases, the full Board [board] acts as the parole panel.

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

(31) [(29)] Posthumous--An event occurring after death.

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

(33) [(31)] 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) [(32)] Projected Release Date--The minimum expiration date as determined by the Texas Department of Criminal Justice.

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

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

(37) [(35)] Remission of fine or forfeiture--An act of clemency by the Governor [governor ] releasing a person from payment of all or a portion of a fine or canceling a forfeiture of a bond.

(38) [(36)] 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) [37] Revocation--The cancellation of parole, mandatory supervision, or a person granted a conditional pardon to immediate incarceration or recommend to the Governor [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) [(38)] RMS--Mandatory supervision vote to release to mandatory supervision when TDCJ-CID determines that the offender has reached the projected release date.

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

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

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

(45) [(42)] TDCJ--Texas Department of Criminal Justice.

(46) [(43)] TDCJ-CID--Texas Department of Criminal Justice-Correction Institutions Division.

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

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

(49) [(46)] 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 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 April 20, 2017.

TRD-201701648

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Earliest possible date of adoption: June 4, 2017

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