reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 145 - PAROLE › Subchapter A - PAROLE PROCESS › Section 145.16 - Action upon Special Review-Release Approved

Current through Reg. 49, No. 28; July 12, 2024
(a) Responses received from trial officials
				  or victims after a release to parole or release to mandatory supervision
				  decision shall be considered information not previously available to the parole
				  panel. Provided that release to parole or mandatory supervision has not
				  occurred, the responses shall be referred to the parole panel or to the Board
				  office corresponding to the parole panel that rendered the release to parole or
				  release to mandatory supervision decision. A case reviewed by a parole panel,
				  pursuant to the receipt of information not previously available to the parole
				  panel, may then:
(1) be continued in a
				  release to parole or release to mandatory supervision status with or without
				  additional conditions of release imposed; or
(2) have the release to parole or release to
				  mandatory supervision decision withdrawn and the next review date set by the
				  parole panel in accordance with applicable provisions of Chapter 145 of this
				  title (relating to Parole Process).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 145 - PAROLE › Subchapter A - PAROLE PROCESS › Section 145.17 - Action upon Special Review-Release Denied

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule provides a forum for receipt
				  and consideration of information not previously available to the parole panel
				  where the decision of the panel was to deny release to parole or mandatory
				  supervision. If the denial decision was based upon erroneous information or an
				  administrative file processing error, this rule does not apply.
(b) Requests for special review shall apply
				  only to cases reviewed for release to parole or mandatory supervision where the
				  decision of the parole panel was to deny release to parole or mandatory
				  supervision.
(c) All requests for
				  special review shall be in writing and signed by the offender, his or her
				  attorney, or in cases where the offender is unable to sign due to a mental or
				  physical impairment, by a person acting on his or her behalf.
(d) All requests for special review shall be
				  filed with the Texas Board of Pardons and Paroles, Board Administrator, 8610
				  Shoal Creek Blvd., Austin, Texas 78757.
(e) The Board Administrator shall refer to
				  the special review parole panel only those requests for special review which
				  meet the criteria set forth herein.
(f) Requests for special review shall be
				  considered in the following circumstances:
(1)
				  a written request on behalf of an offender is received which cites information
				  not previously available to the parole panel; or
(2) a parole panel denied release to parole
				  or mandatory supervision and a parole panel member who voted with the majority
				  on that panel desires to have the decision reconsidered prior to the next
				  review (NR) date; or
(3) if both
				  parole panel members who voted with the majority are no longer active Board
				  Members or Parole Commissioners, the Presiding Officer Chair places the case in
				  the special review process to be reconsidered prior to the NR date.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 145 - PAROLE › Subchapter A - PAROLE PROCESS › Section 145.18 - Action upon Review; Extraordinary Vote (HB 1914)

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies to any offender convicted of or serving a sentence for a capital felony
				  with 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 that 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 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, 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.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 145 - PAROLE › Subchapter A - PAROLE PROCESS › Section 145.19 - Action Upon Review; Early Release on Parole

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies only to an eligible
				  offender who has been identified by TDCJ as a suitable candidate for
				  participation in an educational and vocational training pilot
				  program.
(b) If TDCJ determines an
				  offender is a suitable candidate for early release on parole:
(1) the offender shall be provided written
				  notice of the early release on parole review and shall have 30 days from the
				  receipt of the notice to submit, in writing, information to the Board;
				  and
(2) after the expiration of the
				  30-day time period, the case shall be referred to a parole panel who will
				  consider the case for early release on parole approximately 180 days prior to
				  the offender's parole eligibility date.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 145 - PAROLE › Subchapter A - PAROLE PROCESS › Section 145.20 - Parole Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) When the parole
				  plan has been approved, a parole certificate shall be issued and signed with a
				  facsimile signature of the Chair.
(b) The parole approval is not effective or
				  final until a formal parole agreement is executed by the offender. The approval
				  may be withdrawn by a parole panel at any time prior to the acceptance and
				  execution by the offender of the formal parole agreement(s) which is contained
				  in the parole certificate.
(c) The
				  parole certificate shall not become effective and in force until the conditions
				  are agreed to, signed, and accepted by the offender.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 145 - PAROLE › Subchapter B - TERMS AND CONDITIONS OF PAROLE › Section 145.21 - Parole in Absentia (Parole Review and Mandatory Supervision for Offenders Not in Actual Physical Custody of the TDCJ-CID)

Current through Reg. 49, No. 28; July 12, 2024
Offenders serving state prison sentences for Texas crimes
					 and offenders whose parole or mandatory supervision has been revoked who are
					 not in the actual physical custody of the TDCJ-CID are subject to the parole
					 review process as set out in this chapter and title in accord with the
					 following.
(1) Parole in absentia
				  processing is initiated upon referral from the county of conviction when all
				  necessary pen packet documents have been compiled and presented to the
				  TDCJ-CID.
(2) Prior to
				  consideration for parole by the parole panel, the offender may be interviewed
				  for the purpose of obtaining a parole release plan and completion of a parole
				  in absentia summary in order that the parole panel may make an informed
				  decision concerning parole release suitability (§
										145.12 of this
				  title, relating to Action upon Review; §
										145.16
				  of this title, relating to Action upon Special Review--Release Approved; and
				  §
										145.17
				  of this title, relating to Action upon Special Review--Release
				  Denied).
(3) An offender released
				  to parole in absentia or mandatory supervision on a Texas felony sentence
				  shall, after release, be treated the same as an offender released on parole or
				  mandatory supervision directly from the TDCJ CID. Such offenders are subject to
				  revocation for violation of the terms and conditions of their release pursuant
				  to the provisions and procedures of Chapter 146 of this title (relating to
				  Revocation of Parole or Mandatory Supervision).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 145 - PAROLE › Subchapter B - TERMS AND CONDITIONS OF PAROLE › Section 145.22 - Conditions and Rules of Parole

Current through Reg. 49, No. 28; July 12, 2024
(a) Every
				  offender approved for release on parole shall be issued a written statement
				  listing the conditions and rules of parole in clear and intelligible language.
				  The conditions and rules of parole must be agreed to and accepted by the
				  offender prior to release. The offender may have additional conditions imposed
				  by the parole panel after release, and shall be notified in writing of any such
				  conditions.
(b) Continuance on
				  parole is conditioned upon full compliance with all the conditions and rules of
				  parole as imposed by the parole panel.
(c) The parole panel shall not impose as a
				  condition for release to parole that the offender be released only to a state
				  other than the State of Texas.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 145 - PAROLE › Subchapter B - TERMS AND CONDITIONS OF PAROLE › Section 145.23 - Texas Offenders Supervised in Other States

Current through Reg. 49, No. 28; July 12, 2024
Texas offenders accepted for supervision in other states
					 under the terms of the Interstate Parole Compact (Chapter 510, Government Code)
					 are required to abide by both the rules of parole for Texas as set forth in
					 §
										145.22
					 of this title (relating to Terms and Conditions of Parole) and the rules of
					 parole of the receiving state.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 145 - PAROLE › Subchapter B - TERMS AND CONDITIONS OF PAROLE › Section 145.24 - Out-of-State Offenders Supervised in Texas

Current through Reg. 49, No. 28; July 12, 2024
Offenders from outside the State of Texas accepted in Texas
					 for supervision by the Division under the terms of the Interstate Parole
					 Compact (Chapter 510, Government Code) are required to abide by both the rules
					 of parole for Texas offenders as set forth in §
										145.22
					 of this title (relating to Terms and Conditions of Parole) and the rules of
					 parole of the sending state.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 146 - REVOCATION OF PAROLE OR MANDATORY SUPERVISION › Section 146.3 - Right to Counsel

Current through Reg. 49, No. 28; July 12, 2024
The Board Administrator or designee shall weigh the following
				  factors in determining whether the releasee is to be appointed an
				  attorney:
(1) whether the releasee is
				indigent;
(2) whether the releasee
				lacks the ability to articulate or present a defense or mitigation evidence in
				response to the allegations; and
(3) the complexity of the case and whether
				the releasee admits the alleged violations.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 146 - REVOCATION OF PAROLE OR MANDATORY SUPERVISION › Section 146.4 - Procedure after Waiver of Preliminary Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Following the waiver of the right to a
				preliminary hearing, the parole panel or a designee of the Board may proceed to
				a revocation hearing after a finding of probable cause or reasonable belief
				that the releasee violated a condition of parole or mandatory
				supervision.
(b) The parole panel
				or designee of the Board may accept a waiver of the preliminary hearing
				provided that a waiver of the preliminary hearing includes the following:
(1) information that releasee was served with
				the following:
(A) notice of the right to a
				preliminary hearing and that its purpose is to determine whether there is
				probable cause or reasonable belief to believe the releasee has committed a
				parole violation;
(B) written
				notice of the allegations of parole violation against the releasee;
(C) notice of the right to full disclosure of
				the evidence;
(D) notice that
				releasee has the opportunity to be heard in person and to present witnesses and
				documentary evidence;
(E) notice
				that the releasee has the right to confront and cross-examine adverse witnesses
				unless the Hearing Officer specifically finds good cause for not allowing
				confrontation of the witness;
(F)
				notice that the case will be heard by a parole panel or designee of the Board
				;
(G) notice that the releasee has
				the opportunity to waive in writing the right to either or both the preliminary
				and revocation hearings, with the additional understanding that, if the
				releasee waives the revocation hearing, the Board will in all probability
				revoke; and
(H) notice that the
				releasee has the right to retain an attorney and the conditional right to an
				appointed attorney; and
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 146 - REVOCATION OF PAROLE OR MANDATORY SUPERVISION › Section 146.5 - Procedure after Waiver of Revocation Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Following a review of the waiver of the
				right to a revocation hearing and receipt of supporting documentation of
				evidence of the alleged rule violations as described in §
									146.4
				of this title (relating to Procedure after Waiver of Preliminary Hearing), the
				parole panel may make final disposition of the case by taking one of the
				following actions:
(1) continue the parole or
				mandatory supervision, in any manner warranted by the evidence;
(2) revoke the parole or mandatory
				supervision in any manner warranted by the evidence, provided that the parole
				panel finds that a preponderance of evidence exists that a condition of parole
				or mandatory supervision was violated; or
(3) refer the case for further
				action.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 146 - REVOCATION OF PAROLE OR MANDATORY SUPERVISION › Section 146.6 - Scheduling of Preliminary Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				request, the Board or the Board's scheduling staff shall schedule a preliminary
				hearing unless:
(1) more than fourteen
				calendar days have elapsed from the time the warrant is executed; or
(2) information has not been presented to the
				Board or the Board's scheduling staff that the releasee was served with the
				following:
(A) notice of the right to a
				preliminary hearing and that its purpose is to determine whether there is
				probable cause or reasonable belief to believe the releasee has committed a
				parole violation;
(B) written
				notice of the allegations of parole violation against the releasee;
(C) notice of the right to full disclosure of
				the evidence;
(D) notice that
				releasee has the opportunity to be heard in person and to present witnesses and
				documentary evidence;
(E) notice
				that the releasee has the right to confront and cross-examine adverse witnesses
				unless the Hearing Officer specifically finds good cause for not allowing
				confrontation of the witness;
(F)
				notice that the case will be heard by a parole panel or designee of the
				Board;
(G) notice that the releasee
				has the opportunity to waive in writing the right to either or both of the
				preliminary and revocation hearings, with the additional understanding that, if
				the releasee waives the revocation hearing, the Board will in all probability
				revoke; and
(H) notice that the
				releasee has the right to retain an attorney and the conditional right to an
				appointed attorney.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 146 - REVOCATION OF PAROLE OR MANDATORY SUPERVISION › Section 146.7 - Preliminary Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The parole
				panel or designee of the Board shall conduct the preliminary hearing. The
				purpose of the preliminary hearing is to determine whether there is probable
				cause or a reasonable belief that the releasee violated a condition of parole
				or mandatory supervision.
(b) The
				preliminary hearing shall be held at or near the location of the alleged
				violations or arrest, unless:
(1) the
				releasee is detained in federal custody;
(2) the releasee is being held in a hospital
				or other facility for diagnosis or treatment of a physical or mental condition;
				or
(3) the releasee is arrested or
				detained on the authority of a warrant in a state other than the state of
				release.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 146 - REVOCATION OF PAROLE OR MANDATORY SUPERVISION › Section 146.8 - Scheduling of Revocation Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				request, the Board or the Board's scheduling staff shall schedule a revocation
				hearing unless information has not been presented to the Board or the Board's
				scheduling staff that the releasee was served with the following:
(1) notice of the right to a revocation
				hearing and that its purpose is to make a final evaluation of any contested
				relevant facts and consideration of whether the facts as determined warrant
				revocation of parole;
(2) written
				notice of the allegations of parole violation against the releasee;
(3) notice of the right to full disclosure of
				the evidence against the releasee;
(4) notice that releasee has the opportunity
				to be heard in person and to present witnesses and documentary
				evidence;
(5) notice that the
				releasee has the right to confront and cross-examine adverse witnesses unless
				the Hearing Officer specifically finds good cause for not allowing
				confrontation of the witness;
(6)
				notice that releasee has an opportunity to be heard and to show that he did not
				violate the conditions, or if the releasee did, that circumstances in
				mitigation suggest that the violation does not warrant revocation;
(7) notice that the case will be heard by a
				parole panel or designee of the Board;
(8) notice that the releasee has the
				opportunity to waive in writing the right to either or both of the preliminary
				and revocation hearings, with the additional understanding that, if the
				releasee waives the revocation hearing, the Board will in all probability
				revoke; and
(9) notice that the
				releasee has the right to retain an attorney and the conditional right to an
				appointed attorney.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 146 - REVOCATION OF PAROLE OR MANDATORY SUPERVISION › Section 146.9 - Revocation Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The parole
				panel or designee of the Board shall conduct the revocation hearing. The
				purpose of the revocation hearing is to consider the evidence offered pursuant
				to an allegation of a violation of a condition of parole or mandatory
				supervision. The parole panel or designee of the Board must determine whether
				it is shown by a preponderance of the credible evidence that the releasee
				violated a condition of parole or mandatory supervision.
(b) The revocation hearing shall not proceed
				to the mitigation phase unless it is determined by the parole panel or designee
				of the Board by a preponderance of the credible evidence that the releasee did
				violate a condition of parole or mandatory supervision.
(c) At the close of the hearing or within a
				reasonable time thereafter, the parole panel or designee of the Board shall
				collect, prepare and forward to the parole panel:
(1) all documents;
(2) a summary report of the hearing
				separately setting out findings of fact relative to the alleged violation of a
				condition of parole or mandatory supervision, based on a preponderance of the
				credible evidence, which includes statements of the evidence relied upon in
				reaching said finding; and
(3) the
				recording of the hearing.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 146 - REVOCATION OF PAROLE OR MANDATORY SUPERVISION › Section 146.10 - Final Board Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				reviewing the report of the hearing, the parole panel may make final
				disposition of the case by taking one of the following actions:
(1) continue the parole or mandatory
				supervision, in any manner warranted by the evidence;
(2) recommend to the Governor that the
				conditional pardon be continued, revoked, or modified; or
(3) revoke the parole or mandatory
				supervision, provided that all revocation decisions are preceded by a
				mitigation hearing; or
(4) refer
				the case to the Hearing Officer, with or without reopening the hearing, for
				further development of issues as specified by the parole panel.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 146 - REVOCATION OF PAROLE OR MANDATORY SUPERVISION › Section 146.11 - Releasee's Motion to Reopen Hearing or Reinstate Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) The releasee or releasee's attorney shall
				have 60 days from the date of the parole panel's revocation decision to submit
				a written request for reopening a case for any substantial error in the
				revocation process or upon newly discovered information.
(b) A written request to reopen the
				revocation hearing or reinstate supervision submitted later than 60 days from
				the date of the parole panel's revocation decision will not be considered
				unless under exceptional circumstances including but not limited to:
(1) judicial reversal of a judgment of
				conviction of a criminal offense where the offense constituted an underlying
				factor in the initial revocation decision;
(2) judicial order requiring a
				hearing;
(3) initial revocation
				effected without opportunity for a hearing or waiver as required under
				law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 146 - REVOCATION OF PAROLE OR MANDATORY SUPERVISION › Section 146.12 - Procedure after Motion to Reopen Is Granted; Time; Rights of the Releasee; Final Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) When the parole
				panel disposes of a releasee's motion to reopen under §
									146.11
				of this title (relating to Releasee's Motion to Reopen Hearing or Reinstate
				Supervision) by granting said motion to reopen the hearing, the case shall be
				disposed of or referred to a parole panel or designee of the Board for final
				disposition in accordance with this section and the previous disposition of the
				case made by the parole panel under §
									146.10 of
				this title (relating to Final Board Disposition) shall be set aside and shall
				be of no force and effect.
(b) The
				purpose of the further proceedings before the parole panel or designee of the
				Board under this section shall be as specified by the parole panel in its order
				granting the releasee's motion to reopen pursuant to §
									146.11(d)(1)
				of this title.
(c) When the parole
				panel or designee of the Board convenes the reopening of the hearing, it shall
				have before it the entire record previously compiled in the case, including:
(1) the record, report, and recommendation of
				the preliminary hearing under §
										146.7 of this
				title (relating to Preliminary Hearing) or revocation hearing under §
										146.9 of this
				title (relating to Revocation Hearing) collected or prepared by the designee of
				the Board originally assigned to the case;
(2) any amendments, supplements, or
				modifications of the record, report, or recommendation as developed through
				prior reopenings of the case;
(3)
				the releasee's motion to reopen the hearing pursuant to §
										146.11
				of this title; and
(4) any
				transmittal submitted to the parole panel with recommendation from Board staff.
				Any transmittal submitted to the parole panel by the General Counsel
				constitutes legal advice which is confidential under law, and shall not be
				released to the public as part of the hearing packet.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 147 - HEARINGS › Subchapter A - GENERAL RULES FOR HEARINGS › Section 147.1 - Public Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) All hearings on
				  matters not confidential or privileged by law, or both, shall be open to the
				  public.
(b) Appropriate federal and
				  state constitutional provisions, statutes, regulations, and judicial precedent
				  establishing the confidential or privileged nature of information presented
				  shall be given effect by the Hearing Officer.
(c) To effect this provision, the Hearing
				  Officer shall have the authority to close the hearing to the extent necessary
				  to protect against the improper disclosure of confidential privileged
				  information.
(d) If the Hearing
				  Officer closes the hearing pursuant to this section, in no event shall the
				  Hearing Officer exclude from the hearing a party as defined by §
										141.111 of this title (relating to
				  Definition and Terms) and includes:
(1) the
				  releasee;
(2) the releasee's
				  attorney;
(3) the releasee's
				  interpreter;
(4) Board Member or
				  Board employee;
(5) TDCJ
				  employee;
(6) County jail employee;
				  and
(7) Prosecuting
				  attorney.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 147 - HEARINGS › Subchapter A - GENERAL RULES FOR HEARINGS › Section 147.2 - Authority of Hearing Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Hearing Officer shall have the following authority:
(1) to administer oaths;
(2) to examine witnesses;
(3) to rule on the admissibility of
				  evidence;
(4) to rule on motions
				  and objections;
(5) to recess any
				  hearing from time to time and place to place;
(6) to reopen, upon order of a parole panel,
				  or reconvene, or both, any hearing;
(7) to issue on behalf of the Board
				  subpoenas, warrants, and other documents authorized by and signed by a Board
				  Member in accordance with statutory authority;
(8) to maintain order and decorum throughout
				  the course of any proceedings;
(9)
				  to collect documents and exhibits comprising the record of the
				  hearing;
(10) to prepare the report
				  of the hearing and make a recommendation to the Board for disposition of the
				  case; and
(11) to act as the finder
				  of facts and determine the weight to be given to particular evidence or
				  testimony and to determine the credibility of witnesses.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 147 - HEARINGS › Subchapter A - GENERAL RULES FOR HEARINGS › Section 147.3 - Ex Parte Consultations

Current through Reg. 49, No. 28; July 12, 2024
Unless required for the disposition of matters authorized
					 by law, Hearing Officers, Board Members and Parole Commissioners assigned to
					 render a decision or to make findings of fact and conclusions of law in an
					 individual case may not, directly or indirectly, initiate, permit, nor consider
					 communications in connection with any issue of fact or law with any party,
					 except on notice and opportunity for all parties to
					 participate.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 147 - HEARINGS › Subchapter A - GENERAL RULES FOR HEARINGS › Section 147.4 - Motions

Current through Reg. 49, No. 28; July 12, 2024
Unless made during a hearing, motions shall be made in
					 writing, set forth the relief or order sought, and shall be filed with the
					 Hearing Officer. Motions based on matters which do not appear of record shall
					 be supported by affidavit.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 147 - HEARINGS › Subchapter A - GENERAL RULES FOR HEARINGS › Section 147.5 - Witnesses

Current through Reg. 49, No. 28; July 12, 2024
(a) The Hearing Officer may determine whether
				  a witness may be excused under the rule that excludes witnesses from the
				  hearing.
(1) In no event shall the Hearing
				  Officer exclude from the hearing a party under the authority of this section.
				  For these purposes, the term "party" means the definition in §
											141.111 of this title (relating to
				  Definition of Terms) and includes:
(A) the
				  releasee;
(B) the releasee's
				  attorney; and
(C) no more than one
				  representative of the TDCJ Parole Division who has acted or served in the
				  capacity of supervising, advising, or agent officer in the
				  case.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 147 - HEARINGS › Subchapter A - GENERAL RULES FOR HEARINGS › Section 147.6 - Record

Current through Reg. 49, No. 28; July 12, 2024
(a) The record in any case includes all
				  pleadings, motions, and rulings; evidence received or considered; matters
				  officially noticed; questions and offers of proof, objections, and rulings on
				  them; all relevant Division documents, staff memoranda or reports submitted to
				  or considered by the Hearing Officer involved in making the decision, and any
				  decision, opinion, or report by the Hearing Officer presiding at the
				  hearing.
(b) All hearings shall be
				  electronically recorded in their entirety.
(c) The hearing record is made part of the
				  official parole record maintained by the Division. All requests for copies of
				  the hearing report or hearing recording shall be addressed to the
				  Division.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 147 - HEARINGS › Subchapter A - GENERAL RULES FOR HEARINGS › Section 147.7 - Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A final decision or order adverse to any
				  party shall be in writing.
(b) Any
				  party, as defined herein, shall be notified personally or by mail of any
				  decision or order.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 147 - HEARINGS › Subchapter B - EVIDENCE › Section 147.22 - Rules

Current through Reg. 49, No. 28; July 12, 2024
Hearing Officers shall apply the Texas Rules of Evidence.
					 When necessary to ascertain facts not reasonably susceptible of proof under
					 these rules, evidence not admissible thereunder may be admitted, except where
					 precluded by statute, if it is of a type commonly relied upon by reasonably
					 prudent persons in the conduct of their affairs.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 147 - HEARINGS › Subchapter B - EVIDENCE › Section 147.23 - Privilege

Current through Reg. 49, No. 28; July 12, 2024
Hearing Officers shall give effect to the rules of
					 privilege recognized by law.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 147 - HEARINGS › Subchapter B - EVIDENCE › Section 147.24 - Relevant Testimony

Current through Reg. 49, No. 28; July 12, 2024
Testimony shall be confined to the subject of the pending
					 matter. In the event any party at a hearing shall pursue a line of questioning
					 that is, in the Hearing Officer's opinion, irrelevant, incompetent, unduly
					 repetitious, or immaterial, such questioning shall be
					 terminated.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 147 - HEARINGS › Subchapter B - EVIDENCE › Section 147.27 - Decisions

Current through Reg. 49, No. 28; July 12, 2024
Objections to evidence offers may be made and shall be
					 ruled upon by the Hearing Officer and any objections and the rulings thereon
					 shall be noted in the record.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.40 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter only applies to releasees not convicted of a sex
				  offense to include a past juvenile adjudication for a sex
				  offense.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.41 - Public Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) All hearings on
				matters not confidential or privileged by law, or both, shall be open to the
				public.
(b) Appropriate federal and
				state constitutional provisions, statutes, regulations, and judicial precedent
				establishing the confidential or privileged nature of information presented
				shall be given effect by the Hearing Officer.
(c) To effect this provision, the hearing
				officer shall have the authority to close the hearing to the extent necessary
				to protect against the improper disclosure of confidential and/or privileged
				information.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.42 - Authority of Hearing Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				Hearing Officer shall have the following authority:
(1) to administer oaths;
(2) to examine witnesses;
(3) to rule on the admissibility of
				evidence;
(4) to rule on motions
				and objections;
(5) to recess any
				hearing from time to time and place to place;
(6) to reopen, upon request of a parole
				panel, or reconvene, or both, any hearing;
(7) to issue on behalf of the Board subpoenas
				and other documents authorized by and signed by a Board Member in accordance
				with statutory authority;
(8) to
				maintain order and decorum throughout the course of any proceedings;
(9) to collect documents and exhibits
				comprising the record of the hearing;
(10) to prepare the report of the hearing to
				the parole panel for disposition of the case; and
(11) to determine the weight to be given to
				particular evidence or testimony and to determine the credibility of
				witnesses.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.43 - Ex Parte Consultations

Current through Reg. 49, No. 28; July 12, 2024
Unless required for the disposition of matters authorized by
				  law, Hearing Officers, Board Members and Parole Commissioners assigned to
				  render a decision in a matter may not communicate, directly or indirectly, in
				  connection with any issue of fact or law with any party, except on notice and
				  opportunity for all parties to participate.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.44 - Motions

Current through Reg. 49, No. 28; July 12, 2024
Unless made during a hearing, motions shall be made in
				  writing, set forth the relief or order sought, and shall be filed with the
				  Hearing Officer assigned to conduct the hearing. Motions based on matters which
				  do not appear of record shall be supported by affidavit.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.45 - Witnesses

Current through Reg. 49, No. 28; July 12, 2024
(a) The Hearing Officer may determine whether
				a witness may be excused under the rule that excludes witnesses from the
				hearing.
(1) In no event shall the Hearing
				Officer exclude from the hearing a party under the authority of this section.
				For these purposes, the term "party" means the definition in §
										141.111 of
				this title (relating to Definition of Terms) and includes:
(A) the releasee;
(B) the releasee's attorney; and
(C) no more than one representative of the
				Division who has acted or served in the capacity of supervising, advising, or
				agent officer in the case.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.46 - Opinion and Expert Testimony

Current through Reg. 49, No. 28; July 12, 2024
All witnesses who are testifying in the form of an opinion or
				  inference shall submit a written report to the other party and the Hearing
				  Officer in the manner prescribed by §
									148.47 of
				  this title (relating to Evidence).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.47 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) No later than five (5) days prior to the
				scheduled hearing, all parties shall submit all documents that will be
				introduced into evidence at the hearing to the other party and the Hearing
				Officer.
(b) All parties shall have
				an opportunity to present evidence in the form of testimony and written
				documentation. The Hearing Officer shall determine the order of presentation of
				evidence.
(c) The Texas Rules of
				Evidence shall apply. When necessary to ascertain facts not reasonably
				susceptible of proof under these rules, evidence not admissible thereunder may
				be admitted, except where precluded by statute, if it is of a type commonly
				relied upon by reasonably prudent persons in the conduct of their
				affairs.
(d) The Hearing Officer
				shall give effect to the rules of privilege recognized by law.
(e) Relevant testimony shall be confined to
				the subject of the pending matter. In the event any party at a hearing shall
				pursue a line of questioning that is, in the opinion of the Hearing Officer,
				irrelevant, incompetent, unduly repetitious, or immaterial, such questioning
				shall be terminated.
(f) Relevant
				staff reports may be admitted as evidence in any hearing.
(g) Evidence may be stipulated by agreement
				of all parties.
(h) Objections may
				be made and shall be ruled upon by the Hearing Officer, and any objections and
				the rulings thereon shall be noted in the record.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.48 - Record

Current through Reg. 49, No. 28; July 12, 2024
(a) The record in any case includes all
				pleadings, motions, and rulings; evidence received or considered; matters
				officially noticed; questions and offers of proof, objections, and rulings on
				them; all relevant Division documents, staff memoranda or reports submitted to
				or considered by the Hearing Officer involved in making the decision; and any
				decision, opinion, or report by the Hearing Officer presiding at the
				hearing.
(b) All hearings shall be
				electronically recorded in their entirety.
(c) The hearing record is made a part of the
				official parole record maintained by the TDCJ Parole Division. All requests for
				copies of the hearing report or hearing recording shall be addressed to the
				TDCJ Parole Division.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.49 - Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A final decision or order shall be in
				writing and delivered to the releasee or attorney as required by §
									148.53 of
				this title (relating to Final Board Disposition).
(b) The releasee or attorney shall be
				notified in writing and provided with a copy of the report of the Hearing
				Officer and notice of the right to submit a petition to reopen the
				hearing.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.50 - Procedure after Waiver of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				parole panel may accept a waiver of the hearing provided that a waiver of the
				hearing includes the following:
(1)
				information that releasee was served with written notice of the following:
(A) notice of the right to a hearing, the
				purpose of which is to determine whether sex offender conditions may be imposed
				as a special condition of the release;
(B) notice of the right to full disclosure of
				the evidence;
(C) notice that
				releasee has the opportunity to be heard in person and to present witnesses and
				documentary evidence;
(D) notice
				that the releasee has the right to confront and cross-examine witnesses unless
				the parole panel or designee of the Board specifically finds good cause is
				shown;
(E) notice that the matter
				will be heard by an impartial decision maker; and
(F) opportunity to waive in writing the right
				to a hearing.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.51 - Scheduling of Hearing

Current through Reg. 49, No. 28; July 12, 2024
Upon request, the Board or the Board's scheduling staff shall
				  schedule the hearing unless:
(1) fewer
				than seven calendar days have elapsed from the time the releasee received
				notice; or
(2) information has not
				been presented to the Board or the Board's scheduling staff that the releasee
				was served with the following:
(A) notice of
				the right to a hearing, the purpose of which is to determine whether sex
				offender conditions may be imposed as a special condition of the
				release;
(B) notice of the right to
				full disclosure of the evidence;
(C) notice that releasee has the opportunity
				to be heard in person and to present witnesses and documentary
				evidence;
(D) notice that the
				releasee has the right to confront and cross-examine witnesses unless the
				Hearing Officer specifically finds good cause is shown;
(E) notice that the matter will be heard by
				an impartial decision maker; and
(F) opportunity to waive in writing the right
				to a hearing.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.52 - Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The designee of the Board shall conduct
				the hearing for the purpose of determining whether sex offender conditions may
				be imposed as a special condition of release.
(b) The designee of the Board must determine,
				as shown by a preponderance of the evidence, the releasee constitutes a threat
				to society by reason of his/her lack of sexual control.
(c) At the close of the hearing, or within a
				reasonable time thereafter, the designee of the Board shall collect, prepare
				and forward to the parole panel:
(1) all
				documents;
(2) a summary report of
				the hearing with a written statement as to the evidence relied upon to make a
				finding or no finding that the releasee constitutes a threat to society by
				reason of his/her lack of sexual control; and
(3) the recording of the hearing.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.53 - Final Board Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				reviewing the evidence in the summary report of the hearing, the parole panel
				shall make final disposition of the case by taking one of the following
				actions:
(1) impose sex offender conditions;
				or
(2) deny imposition of sex
				offender conditions.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 148 - SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION › Section 148.54 - Releasee's Motion to Reopen Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				releasee or releasee's attorney shall have 30 days from the date of the parole
				panel's decision to request a reopening of the case for any substantial error
				in the process.
(b) A request to
				reopen the hearing submitted later than 30 days from the date of the parole
				panel's decision will not be considered unless under exceptional circumstances
				including but not limited to:
(1) judicial
				order requiring a hearing;
(2)
				initial decision was made without opportunity for a hearing or
				waiver.