reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.9 - Sentence of Probation, Felony Conviction

Current through Reg. 49, No. 28; July 12, 2024
The Board will consider recommending a full pardon for a
					 sentence of probation only upon a showing of receipt of maximum relief
					 available through the court of conviction, and then, only in an extreme or
					 unusual circumstance which prevents the applicant from gaining a livelihood or
					 in the event of loss of civil rights. The burden of showing such extreme or
					 unusual circumstance rests upon the applicant.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.10 - Misdemeanor

Current through Reg. 49, No. 28; July 12, 2024
The Board will consider recommending a full pardon in
					 misdemeanor cases only when exceptional, extreme, and unusual circumstances
					 exist. The burden of showing such exceptional, extreme, and unusual
					 circumstances rests upon the applicant.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.11 - Request of the Governor

Current through Reg. 49, No. 28; July 12, 2024
The Board shall consider a recommendation for a full pardon
					 or request for restoration of firearm rights in any case upon the request of
					 the Governor as authorized by Texas Government Code, Section
					 508.050.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.12 - Restoration of Firearm Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Board will consider recommending restoration of the right to receive, possess,
				  bear, and transport in commerce a firearm only in extreme and unusual
				  circumstances which prevent the applicant from gaining a livelihood, and only
				  if the applicant:
(1) provides either proof
				  of clearance by a previously granted full pardon or a request for such express
				  restoration in a pending application for a full pardon from jurisdiction(s) of
				  the relevant conviction(s) or successful completion of a punishment similar to
				  a term of deferred adjudication community supervision; and
(2) provides proof of application under the
				  United States Code, Title 18, Section 925(c), for exemption, relief from
				  disabilities to the Director of Alcohol, Tobacco, Firearms and Explosives, and
				  furnishes copies of all relevant applications and responses thereto by the
				  Director of Alcohol, Tobacco, Firearms and Explosives including any final
				  actions by said Director of Alcohol, Tobacco, Firearms and
				  Explosives.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.13 - Posthumous Pardon

Current through Reg. 49, No. 28; July 12, 2024
Upon request from a person acting on behalf of a deceased
					 person who was convicted of a felony offense, the Board will consider
					 recommending a full pardon for the deceased person.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter A - FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP › Section 143.14 - Consideration of Request or Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Board will consider a written request or application for executive clemency
				  submitted pursuant to Subchapter A of this chapter (relating to Full Pardon and
				  Restoration of Rights of Citizenship).
(b) When an application for executive
				  clemency is denied by the Governor or not recommended by the Board, a person
				  may submit a subsequent written application for executive clemency on or after
				  the second anniversary of the denial.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter B - CONDITIONAL PARDON › Section 143.21 - Definition

Current through Reg. 49, No. 28; July 12, 2024
A conditional pardon is a form of executive clemency which,
					 upon application, may be recommended by the Board to the Governor, except in
					 cases of treason or impeachment, and if granted, serves to release a person
					 from the conditions of his or her sentence and/or any disabilities imposed by
					 law thereby, subject to the conditions contained in the clemency proclamation.
					 A person released pursuant to the terms of a conditional pardon is considered
					 for the purposes of revocation thereof to be a releasee, §
										141.111 of
					 this title (relating to Definitions), and all such revocation proceedings are
					 governed by the sections for revocation of release, §§
										146.3-
					 146.12
					 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 143 - EXECUTIVE CLEMENCY › Subchapter B - CONDITIONAL PARDON › Section 143.22 - Consideration of Application

Current through Reg. 49, No. 28; July 12, 2024
The Board will consider a written application for
					 conditional pardon, only to release an offender to another country or in cases
					 where extreme, exceptional, and unusual circumstances exist, and only after
					 minimum statutory parole eligibility has been attained. The burden of showing
					 such extreme, exceptional, and unusual circumstances rests upon the
					 applicant.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter B - CONDITIONAL PARDON › Section 143.23 - Revocation of Conditional Pardon

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  conditional pardon may be revoked if the terms and conditions of the clemency
				  proclamation are breached. All such revocation proceedings shall be conducted
				  in accordance with the sections applicable to a releasee who is the subject of
				  the revocation process.
(b) The
				  Board or parole panel, on order of the Governor, is responsible for ordering
				  the issuance of any warrant upon being notified by the Division that a
				  violation has occurred. The warrant shall issue to appropriate law enforcement
				  authorities, authorizing any sheriff, peace officer, or other addressee named
				  therein to arrest and hold the named releasee until further order of the
				  Governor or the Board or until such time as he/she may be placed in the custody
				  of an agent of the TDCJ-CID, or until further order of the Governor or the
				  Board.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter B - CONDITIONAL PARDON › Section 143.24 - Request of the Governor

Current through Reg. 49, No. 28; July 12, 2024
The Board shall consider a recommendation for conditional
					 pardon in any case upon the request of the Governor as authorized by Texas
					 Government Code, Section
					 508.050.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter C - REPRIEVE › Section 143.31 - General Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) The Governor
				  may grant a reprieve upon the written recommendation of a majority of the Board
				  as authorized by the Texas Constitution, Article IV, Section 11.
(b) A reprieve is not recommended as a matter
				  of right and each request will be judged on the merits of the case and the
				  security risk involved.
(c) Except
				  at the request of the Governor, the Board will consider only such requests for
				  reprieves as meet the general and specific criteria set out in these
				  sections.
(d) The Board will not
				  consider a written application for reprieve from a TDCJ-CID sentence which
				  involves travel outside the State of Texas.
(e) The Board will not consider a written
				  application for reprieve from a TDCJ-CID sentence requested for business
				  reasons.
(f) The Board may
				  recommend a reprieve either in custody of a peace officer or without
				  custody.
(g) The Board will not
				  recommend a reprieve without custody if the offender has a detainer filed
				  against his release.
(h) Except as
				  otherwise specified in these sections, a Board recommendation for a reprieve
				  shall be for a specified time, including a beginning and ending date.
(i) Upon expiration of the specified time of
				  the reprieve, a person granted a reprieve that remains at large, is subject to
				  arrest without further action of the Board or the Governor.
(j) The Board will consider a written request
				  for an extension of a reprieve only if the request meets the requirements for
				  the original reprieve.
(k) If at
				  any time the Board is made aware that the conditions of a reprieve have been
				  violated, the Board may recommend to the Governor the revocation of such
				  reprieve.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter C - REPRIEVE › Section 143.32 - Reprieve for Family Emergency

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Board will consider a written application for reprieve for a family emergency
				  only in cases of critical illness or death of a member of the offender's
				  immediate family.
(b) The immediate
				  family includes only the parents, spouse, and children of the offender, and a
				  person other than a parent who assumed the responsibilities and acted as the
				  parent of the offender during his/her childhood.
(c) Prior to consideration of the application
				  for reprieve for family emergency, the Board may require written:
(1) verification of the critical illness by
				  the attending physician; or
(2)
				  verification of the death and of the time and place of the funeral, by the
				  mortician; and
(3) proof of the
				  parent-child relationship if the request is for the illness or death of a
				  person, not a parent, who acted as the offender's parent during his/her
				  childhood.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter C - REPRIEVE › Section 143.33 - Emergency Reprieve to Attend Civil Court Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) An emergency reprieve to attend a civil
				  court proceeding cannot be used for any other purpose unless specific
				  permission is given in the Governor's proclamation, and if for any reason the
				  cause is not tried as scheduled, the offender shall immediately return to
				  TDCJ-CID. The offender may not, during the reprieve, take temporary employment
				  or travel for any purpose, be it business, visiting relatives, or for an
				  unsolicited visit to the Board.
(b)
				  The Board will consider a written application for an emergency reprieve to
				  attend civil court proceedings only upon receipt of the following:
(1) a request for reprieve by the offender or
				  his or her representative stating the offender's vested interest in the cause
				  and the date his presence is required with reasons requiring his attendance if
				  date is prior to date set for trial;
(2) a letter signed by the presiding judge of
				  the court in which the cause is pending, stating:
(A) the style and number of the
				  cause;
(B) that a special setting
				  for trial has been made on the docket of the court stating the date of such
				  setting;
(C) that the presence of
				  the offender is an absolute necessity for the protection of his or her interest
				  in the litigation, and that his or her deposition would not suffice to protect
				  that interest; and
(D) the
				  estimated approximate time required to complete the trial.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter C - REPRIEVE › Section 143.34 - Emergency Medical Reprieve

Current through Reg. 49, No. 28; July 12, 2024
The Board will consider a written application for an
					 indefinite medical emergency reprieve in instances such as terminal illness or
					 total disability. Prior to consideration of the application for emergency
					 medical reprieve, the Board may require written verification of the terminal
					 illness or total disability by the attending physician.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter C - REPRIEVE › Section 143.35 - Reprieve from Misdemeanor Jail Sentence and/or Fine

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board will consider a written
				  application for reprieve from a misdemeanor jail sentence and/or fine upon the
				  majority written recommendation of trial officials.
(b) The Board will also consider a written
				  application for reprieve from a misdemeanor jail sentence and/or fine, only for
				  medical reasons or reasons of financial hardship (loss of home or business, or
				  the lack of support for family) or other compelling hardships, only upon
				  receipt in writing of the following information:
(1) a request for reprieve clearly stating
				  the medical reason for the application:
(A) a
				  certified copy of the judgment and sentence for each cause for which the
				  applicant is presently confined;
(B) a statement from the attending physician
				  indicating the condition of the applicant and medical treatment recommended;
				  and
(C) a clear statement of
				  financial responsibility for hospitalization or other treatment.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter D - REPRIEVE FROM EXECUTION › Section 143.41 - Governor's Reprieve

Current through Reg. 49, No. 28; July 12, 2024
(a) The Governor
				  shall have the power to grant one reprieve in any capital case for a period not
				  to exceed 30 days as authorized by the Texas Constitution, Article IV, Section
				  11.
(b) The Governor shall have the
				  power, upon the written and signed recommendation and advice of a majority of
				  the Board, to grant a reprieve in any capital case at any time after
				  conviction.
(c) The duration of a
				  gubernatorial reprieve granted under subsection (b) of this section may be
				  equal to, greater than, or less than 30 days, but in no event shall any such
				  reprieve exceed the period recommended by the Board.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter D - REPRIEVE FROM EXECUTION › Section 143.42 - Reprieve Recommended by the Board

Current through Reg. 49, No. 28; July 12, 2024
The Board will consider a reprieve of execution from death
					 sentence upon receipt of a written application in behalf of an offender. The
					 individual filing such application, if other than the offender, may be required
					 to demonstrate that he/she is authorized by the offender to file such
					 application. Any such application shall be addressed to the Texas Board of
					 Pardons and Parole and contain the following information:
(1) the name of the applicant, execution
				  number, together with any other pertinent identifying information;
(2) identification of the applicant's agents,
				  if any, who are presenting the application;
(3) certified copies of the indictment,
				  judgment, verdict of the jury, and sentence in the case, including official
				  documentation verifying the scheduled execution date, if said information is
				  not contained in the sentence;
(4)
				  a brief statement of the offense for which the offender has been sentenced to
				  death;
(5) a brief statement of the
				  appellate history of the case, including its current status;
(6) a brief statement of the legal issues
				  which have been raised during the judicial progress of the case;
(7) the requested length of duration of the
				  reprieve, which shall be in increments of 30 days that is, 30, 60, 90, etc.,
				  unless a different duration is requested upon the basis of the grounds for the
				  application set forth pursuant to paragraph (8) of this section; and,
(8) all grounds upon the basis of which the
				  reprieve is requested; provided that such grounds shall not call upon the Board
				  to decide technical questions of law which are properly presented via the
				  judicial process.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter D - REPRIEVE FROM EXECUTION › Section 143.43 - Procedure in Capital Reprieve Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  written application in behalf of an offender seeking a Board recommendation to
				  the Governor or a reprieve from execution must be delivered to the Texas Board
				  of Pardons and Paroles, Clemency Section, 8610 Shoal Creek Boulevard, Austin,
				  Texas 78757, not later than the twenty-first calendar day before the execution
				  is scheduled. If the twenty-first calendar day before the execution is
				  scheduled falls on a weekend or state observed holiday, the application shall
				  be delivered not later than the next business day.
(b) All supplemental information, including
				  but not limited to amendments, addenda, supplements, or exhibits, must be
				  submitted in writing and delivered to the Texas Board of Pardons and Paroles,
				  Clemency Section, 8610 Shoal Creek Boulevard, Austin, Texas 78757, not later
				  than the fifteenth calendar day before the execution is scheduled. If the
				  fifteenth calendar day before the execution is scheduled falls on a weekend or
				  state observed holiday, all additional information including but not limited to
				  amendments, addenda, supplements, or exhibits shall be delivered not later than
				  the next business day.
(c) The
				  application and any information filed with the application, including but not
				  limited to amendments, addenda, supplements, or exhibits, must be provided by
				  the applicant in an amount determined by the Presiding Officer.
(d) An offender seeking a Board
				  recommendation to the Governor of a reprieve from execution may request an
				  interview with a member of the Board. Such request shall be included in the
				  written application or any supplement filed therewith in accordance with this
				  section.
(e) Upon receipt of a
				  request for an interview, the Presiding Officer (Chair) shall designate at
				  least one member of the Board to conduct the requested interview. Such
				  interview shall occur at the confining unit of TDCJ-CID. Attendance at such
				  interviews shall be limited to the offender, the designated Board Member(s),
				  Board staff, and TDCJ-CID staff. The Board may consider statements made by the
				  offender at such interviews and any other materials the offender delivers to
				  the Board Member during the interview when considering the offender's
				  application for reprieve.
(f) The
				  Board shall consider and decide applications for reprieve from execution. Upon
				  review, a majority of the Board, or a majority thereof, in written and signed
				  form, may:
(1) recommend to the Governor a
				  reprieve from execution;
(2) not
				  recommend a reprieve from execution; or
(3) set the matter for a hearing as soon as
				  practicable and at a location convenient to the Board and the parties to appear
				  before it.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter E - COMMUTATION OF SENTENCE › Section 143.51 - Commutation of Sentence

Current through Reg. 49, No. 28; July 12, 2024
Except in cases of treason and impeachment, upon the
					 recommendation of the Board, the Governor may grant a commutation of sentence
					 as authorized by the Texas Constitution, Article IV, Section
					 11.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter E - COMMUTATION OF SENTENCE › Section 143.52 - Commutation of Sentence, Felony, or Misdemeanor

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board will consider recommending to
				  the Governor a commutation of sentence upon a request accompanied by the
				  written recommendation of a majority of the trial officials.
(b) If the offender has the recommendation of
				  two of the current trial officials and no written communication is received
				  from the third trial official, the Board shall give the remaining trial
				  official notice that such a clemency recommendation is being considered by the
				  Board.
(c) In cases tried prior to
				  the tenure of the present office-holders, the recommendation of persons holding
				  such offices at the time of the trial of the case may be used to bolster and
				  support the recommendation of the current trial officials, if in compliance
				  with the requirements of subsection (d) of this section.
(d) The requirements of a recommendation of
				  the current trial officials for commutation of sentence must include the
				  following:
(1) a statement that the penalty
				  now appears to be excessive;
(2) a
				  recommendation of a definite term now considered by the officials as just and
				  proper; and
(3) a statement of the
				  reasons for the recommendation based upon facts directly related to the facts
				  of the cases and in existence, but not available to, the court or jury at the
				  time of the trial, or a statutory change in penalty for the crime which would
				  appear to make the original penalty excessive.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter E - COMMUTATION OF SENTENCE › Section 143.53 - Commutation of Remainder of Jail Sentence and/or Fine after Reprieve

Current through Reg. 49, No. 28; July 12, 2024
The Board will consider recommending to the Governor a
					 commutation of the remainder of the time left to serve on a jail sentence
					 and/or commutation of fine after satisfactory completion of a reprieve of the
					 jail sentence and/or fine.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter E - COMMUTATION OF SENTENCE › Section 143.54 - Commutation for Jail Time Served before Sentence for Felony Conviction

Current through Reg. 49, No. 28; July 12, 2024
The Board will consider a written application for
					 commutation, on a felony conviction, resulting in credit for time served in
					 jail from the time of sentence only if the applicant has been continuously in
					 jail during the entire period for which the application is made and only upon
					 receipt in writing of the following information from the judge of the court of
					 conviction:
(1) the name of the
				  convicted defendant;
(2) the cause
				  number and court in which the conviction occurred;
(3) a statement that it was the intent of the
				  sentencing judge, at the time of sentencing, that the applicant be given credit
				  for the jail time served, but that such credit was not given through oversight
				  or error, as the case may be;
(4) a
				  statement of the exact number of days, months, or years which should be
				  credited on the sentence;
(5) a
				  statement that the applicant was continuously in custody and in jail for the
				  total credit period requested;
(6)
				  a request that the Board make favorable recommendation to the Governor that
				  such time credit be allowed.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter E - COMMUTATION OF SENTENCE › Section 143.55 - Commutation of Sentence for Time Out of TDCJ-CID on Reprieve

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board will consider a written request
				  for commutation for time out of TDCJ-CID on reprieve only for medical
				  reprieves.
(b) A request for
				  commutation for time out of TDCJ-CID on medical reprieve will be considered
				  only if:
(1) the offender has returned to the
				  TDCJ-CID;
(2) the calendar time
				  under consideration for commutation is time the offender was actually confined
				  as a resident patient (not an out-patient) in a hospital or institution;
				  and
(3) the offender has in all
				  things complied with the rules of the hospital or institution during the
				  emergency medical reprieve.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter E - COMMUTATION OF SENTENCE › Section 143.57 - Commutation of Death Sentence to Lesser Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board will consider recommending to
				  the Governor a commutation of death sentence to a sentence of life imprisonment
				  or the appropriate maximum penalty that can be imposed upon receipt of:
(1) a request from the majority of the trial
				  officials of the court of conviction; or
(2) a written request of the offender or
				  representative setting forth all grounds upon which the application is based,
				  stating the full name of the offender, the county of conviction, the execution
				  date, and contain the information outlined in §143.42(1) - (6) of this
				  chapter (relating to Reprieve Recommended by the Board).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter E - COMMUTATION OF SENTENCE › Section 143.58 - Request of the Governor

Current through Reg. 49, No. 28; July 12, 2024
The Board shall investigate and consider a recommendation
					 of commutation of sentence in any case, upon the written request of the
					 Governor as authorized by Texas Government Code Section
					 508.050.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter F - REMISSION OF FINES AND FORFEITURES › Section 143.71 - Remission of Fine

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board will
				  consider a written application to remit a fine upon the majority written
				  recommendation of the trial officials, said recommendation to be furnished upon
				  official letterhead of each official.
(b) The Board will also consider a written
				  application to remit a fine, only for medical reasons, or reasons of financial
				  hardship (loss of home or business, or the lack of support for family) or other
				  compelling hardships only upon receipt of the following information:
(1) a request to remit a fine(s) clearly
				  stating the medical reason for the application:
(A) a certified copy of the judgment and
				  sentence for each cause for which the applicant is presently
				  confined;
(B) a statement from the
				  attending physician indicating the condition of the applicant and medical
				  treatment recommended;
(C) a clear
				  statement of financial responsibility for hospitalization or other treatment;
				  and
(D) the recommendation of a
				  majority of the trial officials that the fine be remitted to be furnished only
				  on official letterhead of each official.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter F - REMISSION OF FINES AND FORFEITURES › Section 143.72 - Remission of Fine after Reprieve

Current through Reg. 49, No. 28; July 12, 2024
The Board will consider recommending to the Governor
					 remission of fine after satisfactory completion of a reprieve of fine upon
					 receipt of a written application from the applicant or person acting for him
					 and a recommendation of a majority of the trial officials, to be furnished upon
					 official letterhead of each official.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter F - REMISSION OF FINES AND FORFEITURES › Section 143.73 - Remission of Bond Forfeiture

Current through Reg. 49, No. 28; July 12, 2024
The Board will consider recommending to the Governor
					 remission of bond forfeiture upon receipt of:
(1) a written majority recommendation of the
				  trial officials and the commissioner's court in the county of forfeiture to be
				  furnished upon official letterhead of each official; or
(2) a written application accompanied by the
				  following:
(A) a letter setting out the
				  necessity for the executive clemency;
(B) a certified copy of the final judgment of
				  forfeiture;
(C) letters from trial
				  officials on official letterhead setting out their attitude toward remitting
				  the bond forfeiture;
(D) a
				  recommendation of the commissioner's court of the county in which final
				  judgment of forfeiture was entered, by certified copy of the court's order or
				  on the official letterhead of the court or county judge;
(E) a sworn statement as to whether or not
				  either of the sureties received a fee for making the bond or bail involved in
				  this application; whether or not they are then, or have been in the past,
				  engaged in making bail or appearance bonds for a fee or any consideration of
				  value;
(F) a summary statement of
				  the amount of assets and liabilities of the applicant, or applicants;
(G) a statement from the sheriff or county
				  treasurer as to whether or not the judgment or any part thereof has been paid
				  or satisfied in any manner on official letterhead of the appropriate official;
				  and
(H) a statement, verified by
				  the sheriff of the county of conviction, as to whether or not the principal is
				  in custody, or has been tried for the criminal offense subsequent to his
				  failure to appear.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter F - REMISSION OF FINES AND FORFEITURES › Section 143.74 - Request of the Governor

Current through Reg. 49, No. 28; July 12, 2024
The Board shall consider a written request for remission of
					 fine or forfeiture in any case upon the request of the Governor as authorized
					 by Texas Government Code Section
					 508.050.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter G - RESTORATION OF DRIVER'S LICENSE › Section 143.81 - Preliminary Requirements

Current through Reg. 49, No. 28; July 12, 2024
The Board will consider recommending to the Governor
					 restoration of a driver's or commercial operator's license only after denial of
					 an application for an occupational driver's or commercial operator's license by
					 the district court having jurisdiction; the applicant must furnish an official
					 statement of the reason(s) for the court's denial.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 143 - EXECUTIVE CLEMENCY › Subchapter G - RESTORATION OF DRIVER'S LICENSE › Section 143.82 - Subsequent Requirements

Current through Reg. 49, No. 28; July 12, 2024
Upon making a preliminary determination to recommend to the
					 Governor the restoration of a driver's or commercial operator's license, the
					 Board will require from the applicant or person acting for him, certified
					 copies of all judgments which resulted in the revocation or suspension of the
					 license; or if the suspension or revocation resulted from administrative action
					 by the Texas Department of Public Safety, a copy of the final departmental
					 order of suspension is required. No further action will be taken by the Board
					 prior to receipt of the required judgment(s) or order.
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 145.1 - Parole Decision-Maker

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise provided, parole decisions shall be made by two-thirds vote of a
				  parole panel. The Board is the parole release decision-maker of persons
				  convicted of a capital felony offense, who are eligible for parole, or an
				  offense under Sections
				  20A.03,
				  21.02,
				  21.11(a)(1),
				  and
				  22.021, Penal Code, or who
				  are required under Section
				  508.145(c),
				  Government Code to serve 35 calendar years before becoming eligible for parole
				  review. In these cases, the Board may grant parole only upon a two-thirds vote.
				  The Board is not required to meet as a body to perform this duty.
(b) In all other matters of parole and
				  mandatory supervision and revocation of parole and mandatory supervision,
				  three-member parole panels are parole decision makers. A parole panel may
				  consider any eligible offender for release and, upon a majority vote of the
				  panel, may approve or deny release to supervision. If a majority of the panel
				  does not concur, the case is forwarded to a panel, designated by the Presiding
				  Officer (Chair), to revote. The members of a parole panel are not required to
				  meet as a body to perform these decision-making duties.
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 145.2 - Standard Parole Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Parole panels
				  are vested with complete discretion in making parole decisions to accomplish
				  the mandatory duties found in Chapter
				  508, Government
				  Code.
(b) Parole guidelines have
				  been adopted by the Board to assist parole panels in the selection of possible
				  candidates for release. Parole guidelines are applied as a basis, but not as
				  the exclusive criteria, upon which parole panels base release decisions.
(1) The parole guidelines consist of a risk
				  assessment instrument and an offense severity scale. Combined, these components
				  serve as an instrument to guide parole release decisions.
(2) The risk assessment instrument includes
				  two sets of components, static and dynamic factors.
(A) Static factors include:
(i) Age at first admission to a juvenile or
				  adult correctional facility;
(ii)
				  History of supervisory release revocations for felony offenses;
(iii) Prior incarcerations;
(iv) Employment history; and
(v) The commitment offense.
(B) Dynamic factors include:
(i) The offender's current age;
(ii) Whether the offender is a confirmed
				  security threat group (gang) member;
(iii) Education, vocational and certified
				  on-the-job training programs completed during the present
				  incarceration;
(iv) Prison
				  disciplinary conduct; and
(v)
				  Current prison custody level.
(3) Scores from the risk assessment
				  instrument are combined with an offense severity rating for the sentenced
				  offense of record to determine a parole candidate's guidelines level.
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 145.3 - Policy Statements Relating to Parole Release Decisions by the Board of Pardons and Paroles

Current through Reg. 49, No. 28; July 12, 2024
To aid the Board in its analysis and research of parole
					 release, the Board adopts the following policies.
(1) Release to parole is a privilege, not an
				  offender right, and the parole decision maker is vested with complete
				  discretion to grant, or to deny, parole release as defined by statutory law.
(A) Candidates for parole are evaluated on an
				  individual basis.
(B) There are no
				  mandatory rules or guidelines that must be followed in every case because each
				  offender is unique. The Board and Parole Commissioners have the statutory duty
				  to make release decisions, which are only in the best interest of society. The
				  Board and parole panels use parole guidelines as a tool to aid in the
				  discretionary parole decision 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 145.6 - Notification of Parole Panel Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) An offender
				  considered for parole or mandatory supervision shall be notified of the parole
				  panel's decision in writing.
(b)
				  Consideration and notification of the parole panel's decision includes any
				  cumulative, pre-final consecutive sentence.
(c) Upon considering a case for parole or
				  mandatory supervision, the parole panel shall make a record of its decision and
				  the reasons for its decision on the minute sheet of the offender's
				  file.
(d) Reasons for the parole
				  panel's decision include but are not limited to the following:
(1) criminal history;
(2) nature of offense;
(3) drug or alcohol involvement;
(4) institutional adjustment;
(5) adjustment during periods of
				  supervision;
(6) participation in
				  the TDCJ-CID proposed or specialized programs;
(7) time served;
(8) felony offense committed while
				  incarcerated;
(9) discretionary
				  mandatory supervision;
(10) gang
				  affiliation;
(11) other.
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 145.7 - Initial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall
				  conduct an initial review of an offender, who is eligible to be released on
				  parole, no later than the 180th day of the offender's admission to the TDCJ
				  CID.
(b) The Board shall identify
				  the classes or programs listed in the Individual Treatment Plans as the classes
				  or programs that the Board intends to require the offender to complete before
				  releasing the offender on parole. TDCJ shall provide the offender with a copy
				  of the Individual Treatment Plan, which includes a list of classes or
				  programs.
(c) Before the offender
				  is approved for release on parole, the offender must agree to participate in
				  the classes or programs described by the Individual Treatment Plan. Refusal to
				  participate in the classes or programs described by the Individual Treatment
				  Plan shall be considered by the Board when reviewing the offender for
				  parole.
(d) The identification of
				  any classes or programs under subsection (b) of this section shall have no
				  effect on any discretionary decision made by the Board regarding any offender
				  and does not imply a right or expectation by an offender to parole based upon
				  the completion of the classes or programs.
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 145.9 - Parole Interview

Current through Reg. 49, No. 28; July 12, 2024
Prior to consideration for parole by a parole panel, the
					 offender may be interviewed by a Board member or Parole Commissioner whether it
					 is the initial review or a subsequent review.
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 145.11 - Review Date Subject to Change

Current through Reg. 49, No. 28; July 12, 2024
Initial or subsequent review dates or both are subject to
					 change in cases where an offender's status is changed.
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 145.13 - Action upon Review; Consecutive (Cumulative) Felony Sentencing

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies only to an offender sentenced to serve consecutive sentences if each
				  sentence in the series is for an offense committed on or after September 1,
				  1987.
(b) A parole panel shall
				  review for parole consideration consecutive felony sentencing cases as
				  determined and in the sequence submitted by the TDCJ.
(c) If the case under parole consideration is
				  a pre-final consecutive felony sentencing case, the parole panel may:
(1) defer for request and receipt of further
				  information;
(2) vote CU/FI
				  (Month/Year Cause Number), designate the date on which the offender would have
				  been eligible for release on parole if the offender had been sentenced to serve
				  a single sentence. This date shall be within a three-year incarceration period
				  following the panel decision;
(3)
				  vote CU/NR (Month/Year Cause Number), deny favorable parole action and set the
				  next review date at one year from the panel decision date. If the offender is
				  serving an offense under Section
				  508.149(a),
				  Government Code, or second or third degree under Section
				  22.04, Penal Code; the
				  next review date (month/year) may be set at any date in the five-year
				  incarceration period following the panel decision date, but in no event shall
				  it be less than one (1) calendar year from the panel decision date;
				  or
(4) vote CU/SA (Month/Year Cause
				  Number): If the offender is serving an offense under Section
				  508.149(a),
				  Government Code, or second or third degree under Section
				  22.04, Penal Code deny
				  release and order serve-all, but in no event shall this be utilized if the
				  offender's maximum expiration date is over five (5) years from the date of the
				  panel decision. If the offender is not serving an offense under Section
				  508.149(a),
				  Government Code, deny release and order serve-all, but in no event shall this
				  be utilized if the offender's maximum expiration date is over one (1) year from
				  the date of the panel decision.
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 145.14 - Action upon Review; Release to Mandatory Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies only to an offender eligible for release to mandatory supervision if
				  the sentence is for an offense committed on or after September 1,
				  1996.
(b) If the TDCJ-CID
				  determines that release of the offender will occur because the offender will
				  reach the projected release date, the case will be processed as follows:
(1) the offender shall be provided written
				  notice of the discretionary mandatory 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 release to mandatory supervision no earlier than 60 days
				  of the offender's projected release 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 145.15 - Action upon Review; Extraordinary Vote (SB 45)

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, 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.