PART 5. TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 145. PAROLE
SUBCHAPTER A. PAROLE PROCESS
37 TAC §§145.3, 145.12, 145.15, 145.18
The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 145, Subchapter A, §§145.3, 145.12, 145.15, and 145.18 concerning parole process. Board rule §145.12 is adopted with a change to correct the style of a word for uniformity and consistency throughout the rules. Board rules §§145.3, 145.15, and 145.18 are adopted without changes to the proposed text as published in the February 3, 2023 issue of the Texas Register (48 TexReg 493). Board rule §145.12 will be republished, while Board rules §§145.3, 145.15, and 145.18 will not be republished.
The amendments are adopted to provide edits for uniformity and consistency throughout the rules; to correct grammatical errors; to reflect current rehabilitation programs; and to accurately reflect the statutory requirements for the reconsideration for release of offenders sentenced to certain offenses.
No public comments were received regarding adoption of these amendments.
The amended rules are 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.
§145.12.Action upon Review.
A case reviewed by a parole panel for parole consideration may be:
(1) deferred for request and receipt of further information;
(2) denied a favorable parole action at this time and set for review on a future specific month and year (Set-Off). The next review date (Month/Year) for an offender serving a sentence listed in Section 508.149(a), Government Code, or serving a sentence for second or third degree felony under Section 22.04, Penal Code may be set at any date after the first anniversary of the date of denial and end before the fifth anniversary of the date of denial, unless the inmate is serving a sentence for an offense under Section 22.021, Penal Code, or a life sentence for a capital felony, in which event the designated month must begin after the first anniversary of the date of the denial and end before the 10th anniversary of the date of the denial. The next review date for an offender serving a sentence not listed in Section 508.149(a), Government Code shall be as soon as practicable after the first anniversary of the denial;
(3) denied parole and ordered serve-all, but in no event shall this be utilized if the offender's projected release date is greater than five (5) years for offenders serving sentences listed in Section 508.149(a), Government Code, or serving a sentence for second or third degree felony under Section 22.04, Penal Code; or greater than one (1) year for offenders not serving sentences listed in Section 508.149(a), Government Code. If the serve-all date in effect on the date of the panel decision is extended by more than 180 days, the case shall be placed in regular parole review;
(4) determined the totality of the circumstances favor the offender's release on parole, further investigation (FI) is ordered with the following available voting options; and, impose all conditions of parole or release to mandatory supervision that the parole panel is required or authorized by law to impose as a condition of parole or release to mandatory supervision;
(A) FI-1--Release the offender when eligible;
(B) FI-2 (Month/Year)--Release on a specified future date;
(C) FI-3 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than three (3) months from specified date. Such TDCJ program may include either CHANGES, Voyager, Pre-Release Center (PRC), or any other approved program;
(D) FI-4 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four (4) months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP);
(E) FI-5--Transfer to TDCJ In-Prison Therapeutic Community Program (IPTC). Release to aftercare component only after completion of IPTC;
(F) FI-6--Transfer to a TDCJ DWI Program. Release to continuum of care program as required by paragraph (5) of this section;
(G) FI-6 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and no earlier than six (6) months from specified date. Such TDCJ program may include the Pre-Release Therapeutic Community (PRTC), Pre-Release Substance Abuse Program (PRSAP), or In-Prison Therapeutic Community Program, or any other approved program;
(H) FI-7 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than seven (7) months from the specified date. Such TDCJ program shall be the Serious and Violent Offender Reentry Initiative (SVORI);
(I) FI-9 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine (9) months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9);
(J) FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than 18 months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-18);
(5) any person released to parole after completing a TDCJ rehabilitation program as a prerequisite for parole, must participate in and complete any required post-release program. A parole panel shall require as a condition of release on parole or release to mandatory supervision that an offender who immediately before release is a participant in the program established under Section 501.0931, Government Code, participate as a releasee in a drug or alcohol abuse continuum of care treatment program; or
(6) any offender receiving an FI vote, as listed in paragraph (4)(A) - (J) of this section, shall be placed in a program consistent with the vote. If treatment program managers recommend a different program for an offender, a transmittal shall be forwarded to the parole panel requesting approval to place the offender in a different program.
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 28, 2023.
TRD-202301544
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: May 18, 2023
Proposal publication date: February 3, 2023
For further information, please call: (512) 406-5478
The Texas Board of Pardons and Paroles (Board) adopts the repeal Title 37, Chapter 145, Subchapter B, §145.27 without changes to the proposed text as published in the February 3, 2023, issue of the Texas Register (48 TexReg 497). The rule will not be republished. The proposed repeal is the result of a review of the subchapter pursuant to the four-year rule review prescribed by §2001.039 Government Code.
The repeal of §145.27 is warranted because the pilot program, which is the subject of §521.1421 Transportation Code, has become a permanent program administered by the Texas Department of Criminal Justice.
No public comments were received regarding adoption of this repeal.
The repeal is adopted under §508.036(b)(1) Government Code, which provides authority for the Board adopt rules relating to the decision-making processes used by the Board and parole panels.
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 28, 2023.
TRD-202301547
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: May 18, 2023
Proposal publication date: February 3, 2023
For further information, please call: (512) 406-5478
CHAPTER 385. AGENCY MANAGEMENT AND OPERATIONS
SUBCHAPTER C. MISCELLANEOUS
The Texas Juvenile Justice Department (TJJD) adopts amendments to Texas Administrative Code Chapter 385, Subchapter C, §385.9981 with changes to the proposed text as published in the October 28, 2022, issue of the Texas Register (47 TexReg 7255). The amended section will be republished.
SUMMARY OF CHANGES
The amendments to §385.9981, concerning Sick Leave Pool and Family Leave Pool Administration, include adding that a donating employee may donate one or more days of the employee's accrued sick leave to the sick leave pool or accrued sick or vacation leave to the family leave pool, adding the reasons an employee is eligible to withdraw hours from the family leave pool, and revising the title of the rule.
The new amendment to §385.9981 corrects a typo to read family leave pool (instead of sick leave pool).
PUBLIC COMMENTS
TJJD did not receive any public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
The amended section is adopted under §661.002 and §661.022, Government Code, which require TJJD to adopt rules and prescribe procedures relating to the operation of the agency's sick leave pool and the agency's family leave pool.
§385.9981.Sick Leave Pool and Family Leave Pool Administration.
(a) Purpose. The purpose of this rule is to establish a sick leave pool and a family leave pool for Texas Juvenile Justice Department (TJJD) employees as mandated by Sections 661.002 and 661.022, Government Code.
(b) General Provisions.
(1) The director of human resources is the pool administrator.
(2) All contributions to the TJJD leave pools are voluntary.
(3) The donating employee may not designate a specific employee to receive the donated hours.
(4) The following provisions apply to employees who withdraw leave pool time that is beyond what they contributed.
(A) The pool administrator determines the number of hours that an employee may withdraw from the pool; however, the amount withdrawn may never exceed the lesser of:
(i) one-third of the total time in the pool; or
(ii) 90 days.
(B) An employee absent on time withdrawn from a leave pool may use the time as sick leave earned by the employee, and the employee is treated for all purposes as if the employee were absent on earned sick leave.
(C) The estate of a deceased employee is not entitled to payment for unused time withdrawn by the employee from a leave pool.
(c) Sick Leave Pool Provisions.
(1) The donating employee may donate one or more days of the employee's accrued sick leave to the sick leave pool.
(2) An employee is eligible to use time contributed to the sick leave pool if the employee's sick leave has been exhausted because of:
(A) a catastrophic illness or injury; or
(B) a previous donation of time to the pool.
(3) An employee may withdraw time from the sick leave pool that the employee did not contribute only if the employee or an immediate family member suffers a catastrophic illness or injury.
(d) Family Leave Pool Provisions.
(1) The donating employee may donate one or more days of the employee's accrued sick or vacation leave to the family leave pool.
(2) An employee is eligible to withdraw time from the family leave pool because of:
(A) the birth of a child;
(B) the placement of a foster child or adoption of a child under 18 years of age:
(C) the placement of any person 18 years of age or older requiring guardianship;
(D) a serious illness to an immediate family member or the employee, including a pandemic-related illness;
(E) an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member; or
(F) a previous donation of time to the pool.
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 26, 2023.
TRD-202301500
Christian von Wupperfeld
General Counsel
Texas Juvenile Justice Department
Effective date: May 16, 2023
Proposal publication date: October 28, 2022
For further information, please call: (512) 490-7278