1 Board Member 2 Parole Commissioners in each of 7 Board Offices

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1 Texas District & County Attorneys Association Annual Criminal & Civil Law Update South Padre Island Convention Centre South Padre Island, Texas September 17 19, 2014 Rissie Owens Board Chair TEXAS BOARD OF PARDONS AND PAROLES MISSION STATEMENT To perform its duties as imposed by Article IV, Section 11, of the Texas Constitution and: Decide which prisoners to release on parole or discretionary mandatory supervision; Decide conditions of parole and mandatory supervision; Decide revocation of parole and mandatory supervision; and Recommend clemency matters to the Governor. Texas Board of Pardons and Paroles 2 AMARILLO AUSTIN ANGLETON GOVERNOR PRESIDING OFFICER GATESVILLE HUNTSVILLE PALESTINE 1 2 Parole Commissioners in each of 7 Board Offices SAN ANTONIO Texas Board of Pardons and Paroles 3 1

2 TYPES OF RELEASE PAROLE REVIEW PROCESS Parole - discretionary release of offenders by a parole panel. Eligibility is set by the Correctional Institutions Division Records Office based on legislation in effect at time of offense. The percentage of a sentence that must be served for eligibility varies according to nature of offense, legislature, offense date. 1. A Parole Division case-pull list identifies offenders 6 months prior to initial parole eligibility date and subsequent parole review cases are identified 4 months prior to next review date. 2. Notice is sent to trial officials/victims/victims family. 2 similar votes = final vote on case If the first two votes differ from each other, the 3rd voting member of the panel reviews the case and breaks the tie There must be a majority of two votes for a vote to become final BPP TOTAL OFFICES: 36 BOARD HEARING IPO ADMINISTRATIVE TOTAL # OFFICES OFFICES OFFICES OFFICES OF FTEs Parole is a privilege, not a right; Board is never obligated to grant parole. Mandatory Supervision - is an automatic release when time served plus good time earned equals the sentence length with no requirement for release approval from the Board of Pardons and Parole (BPP). MS was abolished in August 1996 and replaced with Discretionary Mandatory Supervision (DMS); however, there are some offenders who entered prison prior to that time who are still eligible for MS release. Discretionary Mandatory Supervision requires parole vote for release of non-violent offenders whose offenses were committed on or after 9/1/1996 and are eligible for Mandatory Supervision. 3. IPO interviews offender - prepares parole case summary. 4. Offender s file is sent to affected board office. A panel consists of 3 parole panel members 1st voting member reviews/votes case Case transferred to 2nd voting member - reviews/votes case 5. Offender is notified of parole panel decision via correspondence. 6. Interviewing the offender is at the discretion of the parole panel member. 7. Granting interviews to individuals in support/ protest of an offender s release is also at the parole panel member s discretion. 8. Parole panel members must grant interview to statutory victim(s) upon request. Texas Board of Pardons and Paroles 4 Texas Board of Pardons and Paroles 5 Texas Board of Pardons and Paroles 6 2

3 FACTORS CONSIDERED WHEN VOTING Seriousness of offense/nature of offense Criminal history Length of time served/sentence length Adjustment during previous period of supervision Number of incarcerations/institutional adjustment Alcohol and/or drug involvement Letters of support and/or protest Other arrests Age FI-1: FI-2: FI-3R: FI-4R FI-5: FI-6: FI-6R: VOTING OPTIONS Parole panel members do not just vote yes or no. They have a wide range of voting options: Release when eligible. Release on a specified month/year. Transfer to a TDCJ rehabilitation program, then release to parole only after program completion and no earlier than 3 months from a specified date. Such TDCJ program may include either CHANGES/Lifeskills, Voyager, Segovia Pre-Release Center (Segovia PRC), or any other approved tier program. Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP). Release upon completion of the In-Prison Therapeutic Community Substance Abuse Prevention Program. Transfer to a DWI Program, then release to an alcohol abuse continuum of care treatment program. Transfer to a TDCJ rehabilitation program, then release to parole only after program completion and no earlier than 6 months from a 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 (IPTC), or any other approved tier program. FI-7R: FI-9R FI-18R: NR: SA: Transfer to the Serious and Violent Offender Reentry Initiative (SVORI) program, then release to parole only after program completion and no earlier than 7 months from a specified date. Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9) Transfer to a TDCJ rehabilitation program, then release to parole only after program completion and no earlier than 18 months from a specified date. Such TDCJ program shall be either the Sex Offender Treatment Program (SOTP-18), or the InnerChange Freedom Initiative (IFI). Do not release, but set the next parole review month/year. Require the offender to serve all his sentence. SENATE BILL 917 Effective January 1, 2004 Creates an extended set off for certain offenders (the board panel elects a period between one and five years for the next review) Mandates annual review of all other eligible offenders Texas Board of Pardons and Paroles 7 Texas Board of Pardons and Paroles 8 Texas Board of Pardons and Paroles 9 3

4 SET OFF UP TO FIVE YEARS? Offenders not eligible for mandatory supervision Violent Offense Aggravated Assault, 1st or 2nd Degree Aggravated Kidnapping, 1st or 2nd Degree Aggravated Robbery, 1st Degree Aggravated Sexual Assault, 1st Degree Any Offense with an Affirmative Finding of a Deadly Weapon Arson, 1st Degree Burglary, 1st Degree Capital Murder Compelling Prostitution Continuous Sex Abuse of a Young Child or Children Indecency with a Child Injury to a Child, Elderly, or Disabled Individual, 1st or 2nd Degree Murder, 1st or 2nd Degree Robbery, 2nd Degree Sexual Assault Sexual Performance by a Child Trafficking of Persons A Felony Increased Under Health and Safety Code (Drug-Free Zones) 1. CRIMINAL HISTORY A D APPROVAL/DENIAL REASONS Note: One or more component in each paragraph may apply, but only one is required for approval (A) or denial (D). No pattern of violent arrests; criminal history primarily restricted to nonviolent offenses; only incarceration. Repeated criminal episodes or pattern of similar offenses indicates predisposition to criminal acts; or record indicates inmate is leader or active participant in gang or organized criminal activity; or record indicates a juvenile or adult arrest for felony or misdemeanor offenses. 2. NATURE OF OFFENSE A Non-violent offenses; offense shows no tendency toward violent behavior; limited potential for future assaultive offenses. D Committed violent criminal acts with conscious disregard for lives, safety or property of others; offense or pattern of criminal activity has elements of brutality, violence or conscious selection of victim s vulnerability such that inmate poses continuing threat to public safety; use of weapon. 3. DRUG OR ALCOHOL INVOLVMENT A Record indicates limited or non-involvement with drug sales or use; limited or non-involvement with alcohol consumption. D Record indicates excessive drug or alcohol involvement that includes possession, use or delivery in instant offense or criminal history. 4. INSTITUTIONALADJUSTMENT A Record indicates satisfactory institutional adjustment; i.e., no major disciplinary cases, loss of time or demotion in classification since previous review. D Record indicates inmate committed major disciplinary offense during preceding 6 months resulting in loss of good conduct time or loss of status below that at which inmate entered prison; pattern of disciplinary infractions since last review indicates disregard for rules. 5. ADJUSTMENT DURING PERIODS OF SUPERVISION A Record indicates successful periods of supervision on probation, parole, or mandatory supervision. D Record indicates unsuccessful periods of supervision on previous probation, parole or mandatory supervision that resulted in incarceration, including parole-in-absentia. 6. PARTICIPATION IN TDCJ-CID PROPOSED OR SPECIALIZED PROGRAMS A D Record indicates participation in and completion of TDCJ-CID specialized programs; inmate has completed one or more vocational or academic programs that should enhance chances to obtain and maintain full-time stable employment. Record indicates inmate refused to participate or intentionally failed to complete TDCJ-CID proposed program(s) made available. 7. TIME SERVED A Record indicates that length of time served by inmate is congruent with offense severity and criminal history. D Record indicates that length of time served by inmate is not congruent with offense severity and criminal history. 8. FELONY OFFENSE A Record indicates inmate has maintained satisfactory institutional adjustment; i.e., no major disciplinary cases, loss of time or demotion in classification since previous review. D Record indicates inmate committed major disciplinary offense during preceding 6 months resulting in loss of good conduct time or loss of status below that at which inmate entered prison; a pattern of disciplinary infractions since last review indicates disregard for rules. 9. DISCRETIONARY MANDATORY SUPERVISION Not to release requires voting both D1 and D2, along with other reasons that may apply. A Release to Discretionary Mandatory Supervision. D1 Record indicates inmate s accrued good conduct time is not an accurate reflection of inmate s potential for rehabilitation. D2 Record indicates inmate s release would endanger public. 10. OTHER A or D Write an explanation. 50.0% 40.0% 30.0% 20.0% 10.0% PAROLE CONSIDERATIONS 34.07% 34.68% 37.59% 34.06% FY % 35.25% 36.09% 36.99% 35.23% 35.88% 34.09% 34.58% 35.52% 0.0% SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG FY 2014 Cases Considered 6,205 7,727 6,130 5,182 5,393 5,319 5,858 6,732 7,263 6, ,088 76,126 Releases 2,114 2,680 2,304 1,765 2,061 1,875 2,114 2,490 2,559 2, ,105 27,040 Texas Board of Pardons and Paroles 10 Texas Board of Pardons and Paroles 11 Texas Board of Pardons and Paroles 12 4

5 DISCRETIONARY MANDATORY REVIEWS 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 51.84% 51.07% 50.19% 51.00% FY % 53.98% 53.79% 49.94% 50.49% 0.0% SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG FY 2014 Cases Considered 1,360 1,547 1,317 1,255 1,600 1,534 1,465 1,640 1,620 1, ,489 17,921 Releases ,098 Texas Board of Pardons and Paroles % 49.16% 46.81% 50.77% WHAT ACTIONS MAY THE PAROLE PANEL TAKE DURING THE REVOCATION PROCESS? The Parole Panel may order various actions in the revocation process. Such actions may include the following: Do not revoke, but allow to continue on supervision, either with or without modification of conditions or release. Do not revoke but allow to discharge if the offender is past his or her discharge date. Transfer to an Intermediate Sanction Facility (ISF) or Substance Abuse Felony Program Facility (SAFPF). Impose additional special condition(s). Revoke release; and reversal of previous revocation action. Texas Board of Pardons and Paroles 14 HEARINGS DECISIONS WITH REVOCATION TYPE (FY 2013) Non-Revocation Decisions 28, % 34,442 DECISIONS Revocation Decisions 5, % Technical w/criminal 2, % Criminal Only 2, % Technical Only % Texas Board of Pardons and Paroles 15 5

6 MEDICALLY RECOMMENDED INTENSIVE SUPERVISION (MRIS) MRIS is a cooperative between the Board, Texas Correctional Office for Offenders with Medical or Mental Impairments (TCOOMMI), Correctional Managed Health Care providers and TDCJ-Parole Division to identify offenders as seriously impaired and decide whether to release them to a more appropriate environment with supervision. Categories include: Terminally Ill, Physically Handicapped, Elderly, Long Term Care, Mentally Ill and Mentally Retarded. 2,000 1,500 1, FY 2013 Screened 1,362 Presented 359 Approved 69 NON-CAPITAL CLEMENCY CASES BY TYPE (FY 2013) S Rissie Owens, Chair Amarillo Board Office Angleton Board Office Austin Board Office 5809 S. Western, Ste N. Velasco, Ste W. Howard Lane Price Daniel Sr. Building Amarillo, TX Angleton, TX Ste West 14 th Street, Ste Austin, TX Austin, TX James LaFavers Cynthia Tauss Troy Fox Huntsville Board Office Marsha S. Moberley Lynn Ruzicka Parole Commissioner th St., Ste. 505 Parole Commissioner Parole Commissioner Elvis Hightower Huntsville, TX Charles A. Shipman Federico Rangel Parole Commissioner Parole Commissioner Parole Commissioner Gatesville Board Office Huntsville Board Office Palestine Board Office San Antonio Board Office 3408 S. State Hwy th St., Ste E. Reagan Street 2902 N. E. Loop 410, Ste. 206 Gatesville, TX Huntsville, TX Palestine, TX San Antonio, TX David G. Gutierrez Roman Chavez Michelle Skyrme Juanita Gonzalez Lee Ann Eck-Massingill Roy (Tony) Garcia Paul Kiel Charles Speier Parole Commissioner Parole Commissioner Parole Commissioner Parole Commissioner Roel Tejada Pamela Freeman James Hensarling Anthony Ramirez Parole Commissioner Parole Commissioner Parole Commissioner Parole Commissioner Texas Board of Pardons and Paroles 16 Texas Board of Pardons and Paroles 17 Texas Board of Pardons and Paroles 18 6