TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 5. TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 145. PAROLE
SUBCHAPTER
A.
The Texas Board of Pardons and Paroles (Board) adopts amendments to 37 TAC Chapter 145, Subchapter A. §§145.3, 145.13, 145.15, and 145.18 concerning parole process. Section 145.15 and §145.18 are adopted with substantive changes to the proposed text as published in the August 29, 2025 issue of the Texas Register (50 TexReg 5667) and will be republished. Section 145.3 and §145.13 are adopted without changes and will not be republished.
No public comments were received regarding adoption of these amendments.
The amendments are proposed pursuant to Senate Bill 1506, 89th Legislative Session (2025) regarding the reconsideration of parole after the first anniversary date of denial.
No comments were received on the proposed amendments.
The amendments are adopted under §§508.036 and 508.0441, Texas Government Code. Section 508.036 requires the Board to adopt rules relating to the decision-making processes used by the Board and parole panels; and §508.0441 provides the Board with the authority to consider and order release on parole or mandatory supervision.
§145.15.
(a) This section applies to any offender convicted of or serving a sentence for a capital felony, other than a life sentence, an offense under Sections 20A.03, 21.02, or 21.11(a)(1), Penal Code, or who is required under Section 508.145(c), Government Code to serve 35 calendar years before becoming eligible for parole review. All members of the Board shall vote on the release of an eligible offender. At least two-thirds of the members must vote favorably for the offender to be released to parole. Members of the Board shall not vote until they receive and review a copy of a written report from the department on the probability of the offender committing an offense after being released.
(1) Upon review, use of the full range of voting options is not conducive to determining whether two-thirds of the Board considers the offender ready for release to parole.
(2) If it is determined circumstances favor the offender's release to parole the Board has the following voting options available:
(A) FI-1--Release the offender when eligible;
(B) 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);
(C) 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); or
(D) FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than eighteen months from the specified date. Such TDCJ program may include the Sex Offender Treatment Program (SOTP-18. In no event shall the specified date be set more than three (3) years from the current panel decision date.
(3) If it is determined that circumstances do not support a favorable action upon review, the following options are available:
(A) NR (Month/Year)--Deny release and set the next review date for 36 or 60 months following the panel decision date; or
(B) SA--The offender's minimum or maximum expiration date is less than 60 months away. The offender will continue to serve their sentence until that date.
(b) If the offender is sentenced to serve consecutive sentences and each sentence in the series is for an offense committed on or after September 1, 1987, the following voting options are available to the Board panel:
(1) CU/FI (Month/Year-Cause Number)--A favorable parole action that designates the date an offender would have been released if the offender had been sentenced to serve a single sentence;
(2) CU/NR (Month/Year-Cause Number)--Deny release and set the next review date for 36 or 60 months following the panel decision date; or
(3) CU/SA (Month/Year-Cause Number)--Deny release and order serve-all if the offender is within 60 months of their maximum expiration date.
(c) Some offenders are eligible for consideration for release to Discretionary Mandatory Supervision if the sentence is for an offense committed on or after September 1, 1996. Prior to the offender reaching the projected release date, the voting options are the same as those listed in subsections (a) and (b) of this section. If the TDCJ-CID determines that release of the offender will occur because the offender will reach the projected release date, the case shall be referred to a three-member parole panel within 30 days of the offender's projected release date for consideration for release to mandatory supervision using the following options:
(1) RMS--Release to mandatory supervision; or
(2) DMS (Month/Year)--Deny release to mandatory supervision and set for review on a future specific month and year. The next mandatory supervision review date shall be set one (1) year from the panel decision date.
(d) The MRIS panel shall review identified offender's cases that meet MRIS criteria established by statute and defined by TCOOMMI.
(1) The MRIS panel shall determine whether the identified offender constitutes a threat to public safety.
(2) The MRIS panel shall consider the following factors when making their determination:
(A) Criminal History.
(B) Disciplinary, behavioral, rehabilitative, and medical compliance.
(C) Victim/Trial Official information.
(D) Nature and onset of medical condition.
(E) Required medical treatment and care.
(F) Individual diagnosis to include likelihood of recovery.
(G) Any other relevant information.
(3) The MRIS panel shall use one of the following voting options:
(A) Approve MRIS--The MRIS panel shall provide appropriate reasons for the decision to approve MRIS. The MRIS panel shall vote F1-1 and impose special condition "O.35." This condition specifies that the offender shall comply with the terms and conditions of the MRIS program and abide by the (TCOOMMI)-approved release plan. At any time this condition is in effect, an offender shall remain under the care of a physician and in a medically suitable placement"; or
(B) Deny MRIS--The MRIS panel shall provide appropriate reasons for the decision to deny MRIS.
(4) The decision to approve release to MRIS for an identified offender remains in effect until specifically withdrawn by a MRIS panel or the identified offender's status is revoked and returned to TDCJ-CID.
(5) When the Parole Division receives information from a medical provider that the MRIS offender's medical condition has improved such that the offender is no longer MRIS eligible and the original parole eligibility date (PED) has been met, the MRIS panel may:
(A) withdraw the MRIS special condition, or
(B) continue the MRIS condition in effect; or
(C) impose any other condition the MRIS panel deems appropriate.
(6) If the MRIS offender violates their conditions of release that result in the issuance of a pre-revocation warrant, the MRIS offender shall adhere to the established pre-revocation process. However, the final determination of the MRIS offender shall be addressed by the MRIS panel.
(7) The MRIS panel shall endeavor to complete the voting of each terminally ill offender referral within 10 business days of receipt from TCOOMMI and all other referrals within 20 business days.
(e) If a request for a special review meets the criteria set forth in §145.17(f) of this title (relating to Action upon Special Review--Release Denied), the offender's case shall be sent to the special review panel.
(1) The special review panel may take action as set forth in §145.17(i) of this title.
(2) When the special review panel decides the offender's case warrants a special review, the case shall be re-voted by the full Board. The Presiding Officer shall determine the order of the voting panel. Voting options are the same as those in subsections (a) - (c) of this section.
§145.18.
(a) This section applies to any offender convicted of or serving a sentence for a capital felony, other than a life sentence, who is eligible for parole, or convicted of or serving sentence for an offense under Section 22.021, Penal Code. All members of the Board shall vote on the release of an eligible offender. At least two-thirds of the members must vote favorably for the offender to be released to parole. Members of the Board shall not vote until they receive and review a copy of a written report from the TDCJ on the probability of the offender committing an offense after being released.
(1) Upon review, use of the full range of voting options is not conducive to determining whether two-thirds of the Board considers the offender ready for release to parole.
(2) If it is determined circumstances favor the offender's release to parole the Board has the following voting options available:
(A) FI-1--Release the offender when eligible;
(B) 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);
(C) 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); or
(D) FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than eighteen months from the specified date. Such TDCJ program may include the Sex Offender Treatment Program (SOTP-18. In no event shall the specified date be set more than three (3) years from the current panel decision date.
(3) If it is determined that circumstances do not support a favorable action upon review, the following options are available:
(A) NR (Month/Year)--Deny release and set the next review date for 36 or 60, 84 or 120 months following the panel decision date; or
(B) SA--The offender's minimum or maximum expiration date is less than 120 months away. The offender will continue to serve their sentence until that date.
(b) If the offender is sentenced to serve consecutive sentences and each sentence in the series is for an offense committed on or after September 1, 1987, the following voting options are available to the Board panel:
(1) CU/FI (Month/Year-Cause Number)--A favorable parole action that designates the date an offender would have been released if the offender had been sentenced to serve a single sentence;
(2) CU/NR (Month/Year-Cause Number)--Deny release and set the next review date for 36 or 60 months following the panel decision date; or
(3) CU/SA (Month/Year-Cause Number)--Deny release and order serve-all if the offender is within 60 months of their maximum expiration date.
(c) Some offenders are eligible for consideration for release to Discretionary Mandatory Supervision if the sentence is for an offense committed on or after September 1, 1996. Prior to the offender reaching the projected release date, the voting options are the same as those listed in subsections (a) and (b) of this section. If the TDCJ-CID determines that release of the offender will occur because the offender will reach the projected release date, the case shall be referred to a three-member parole panel within 30 days of the offender's projected release date for consideration for release to mandatory supervision using the following options:
(1) RMS--Release to mandatory supervision; or
(2) DMS (Month/Year)--Deny release to mandatory supervision and set for review on a future specific month and year. The next mandatory supervision review date shall be set one (1) year from the panel decision date.
(d) The MRIS panel shall review identified offender's cases that meet MRIS criteria established by statute and defined by TCOOMMI.
(1) The MRIS panel shall determine whether the identified offender constitutes a threat to public safety.
(2) The MRIS panel shall consider the following factors when making their determination:
(A) Criminal History.
(B) Disciplinary, behavioral, rehabilitative, and medical compliance.
(C) Victim/Trial Official information.
(D) Nature and onset of medical condition.
(E) Required medical treatment and care.
(F) Individual diagnosis to include likelihood of recovery.
(G) Any other relevant information.
(3) The MRIS panel shall use one of the following voting options:
(A) Approve MRIS--The MRIS panel shall provide appropriate reasons for the decision to approve MRIS. The MRIS panel shall vote F1-1 and impose special condition "O.35". This condition specifies that the offender shall comply with the terms and conditions of the MRIS program and abide by the (TCOOMMI)-approved release plan. At any time this condition is in effect, an offender shall remain under the care of a physician and in a medically suitable placement; or
(B) Deny MRIS--The MRIS panel shall provide appropriate reasons for the decision to deny MRIS.
(4) The decision to approve release to MRIS for an identified offender remains in effect until specifically withdrawn by a MRIS panel or the identified offender's status is revoked and returned to TDCJ-CID.
(5) When the Parole Division receives information from a medical provider that the MRIS offender's medical condition has improved such that the offender is no longer MRIS eligible and the original parole eligibility date (PED) has been met, the MRIS panel may:
(A) withdraw the MRIS special condition, or
(B) continue the MRIS condition in effect; or
(C) impose any other condition the MRIS panel deems appropriate.
(6) If the MRIS offender violates their conditions of release that result in the issuance of a pre-revocation warrant, the MRIS offender shall adhere to the established pre-revocation process. However, the final determination of the MRIS offender shall be addressed by the MRIS panel.
(7) The MRIS panel shall endeavor to complete the voting of each terminally ill offender referral within 10 business days of receipt from TCOOMMI and all other referrals within 20 business days.
(e) If a request for a special review meets the criteria set forth in §145.17(i) of this title (relating to Action upon Special Review--Release Denied), the offender's case shall be sent to the special review panel.
(1) The special review panel may take action as set forth in §175.17(i) of this title.
(2) When the special review panel decides the offender's case warrants a special review, the case shall be re-voted by the full Board. The Presiding Officer shall determine the order of the voting panel. Voting options are the same as those in subsection (a) - (c) of this section.
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 31, 2025.
TRD-202503965
Richard Gamboa
Technical Writer
Texas Board of Pardons and Paroles
Effective date: November 20, 2025
Proposal publication date: August 8, 2025
For further information, please call: (512) 406-5309