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 adopts new rule 37 TAC §145.7, concerning initial review. The new rule is adopted without changes to the proposed text as published in the August 4, 2017, issue of the Texas Register (42 TexReg 3866). The text of the rule will not be republished.

New rule §145.7 is adopted 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.

No public comments were received regarding adoption of the new rule.

The new rule is adopted 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.

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 October 23, 2017.

TRD-201704250

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: November 12, 2017

Proposal publication date: August 4, 2017

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