Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 5 - TEXAS BOARD OF PARDONS AND PAROLES › Chapter 141 - GENERAL PROVISIONS › Subchapter G - DEFINITION OF TERMS › Section 141.111 - Definition of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms used within these rules shall
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Administrative Violation
				  of Parole or Mandatory Supervision--A technical violation of parole or
				  mandatory supervision which does not allege criminal conduct.
(2) Affinity (Marriage)--A husband-wife
				  relationship (first degree). By virtue of the marriage, a spouse is also
				  related to individuals related to the other spouse by blood (consanguinity),
				  and the degree of relationship by affinity is the same as the underlying
				  relationship of consanguinity. The ending of a marriage by divorce or death of
				  a spouse ends relationships of affinity created by that marriage unless a child
				  of that marriage is living, in which case the marriage is considered to
				  continue as long as a child of that marriage lives.
(3) Board--The Texas Board of Pardons and
				  Paroles, consisting of seven members appointed by the Governor.
(4) Commutation of sentence--An act of
				  clemency by the Governor which serves to modify the conditions of a
				  sentence.
(5) Conditional
				  pardons--A form of executive clemency granted by the Governor which serves to
				  release a person from the conditions of his or her sentence and 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 purposes of revocation thereof, to be a
				  releasee.
(6) Consanguinity--A
				  relationship in which one individual is related to another individual where one
				  is a descendant of the other or where they share a common ancestor. An adopted
				  child is considered to be a child of the adoptive parent for this purpose. The
				  degree of relationship by consanguinity may be determined by adding the number
				  of generations between an individual and the individual's ancestor or
				  descendant.
(7) Consanguinity
				  within the third degree--An individual's relatives within the third degree by
				  consanguinity are the individual's parent or child (relatives in the first
				  degree); brother, sister, grandparent, or grandchild (relatives in the second
				  degree); and great-grandparent, great-grandchild, aunt who is a sister of a
				  parent of the individual, uncle who is a brother of a parent of the individual,
				  nephew who is a child of a brother or sister of the individual, or niece who is
				  a child of a brother or sister of an individual (relatives in the third
				  degree).
(8) CU/FI--Consecutive
				  felony sentence vote that designates 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 is not a vote to release on parole.
(9) CU/NR--Consecutive felony sentence vote
				  to deny favorable parole action and set for review on a future specific month
				  and year (set-off).
(10)
				  CU/SA--Consecutive felony sentence vote to deny parole and not release the
				  offender until the serve-all date.
(11) DMS--Mandatory supervision vote to deny
				  release to mandatory supervision and set for review on a future specific month
				  and year (set-off).
(12)
				  Department--The Texas Department of Criminal Justice.
(13) Division--The Parole Division of the
				  Texas Department of Criminal Justice.
(14) Early Release on Parole--The
				  discretionary release of an offender from incarceration, but not from the legal
				  custody of the state, approximately 180 days prior to the offender's parole
				  eligibility date, under such conditions and provisions for supervision as a
				  parole panel may determine.
(15)
				  Eligible inmate--An offender who has been sentenced to a term of imprisonment
				  in the Texas Department of Criminal Justice Correctional Institutions Division;
				  is confined in a penal or correctional institution, including a jail or a
				  correctional institution in another state; and is eligible for release on
				  parole.
(16) Fiduciary--A person
				  holding a position of trust, who has the duty, created by the undertaking, to
				  act primarily for another's benefit in that undertaking.
(17) Full Pardon--An unconditional act of
				  executive clemency by the Governor which serves to release a person from the
				  conditions of his or her sentence and from any disabilities imposed by law
				  thereby.
(18) Further Investigation
				  (FI)--An initial determination by a parole panel favorable to parole of an
				  offender, subject to additional investigation and processing.
(19) Hearing Officer--A staff member
				  designated by the Board and assigned to conduct a preliminary or revocation
				  hearing concerning one or more allegations of violation of the terms and
				  conditions of parole, mandatory supervision, or conditional pardon; and a sex
				  offender conditions hearing to determine whether the offender constitutes a
				  threat to society by reason of lack of sexual control.
(20) Initial review--The review conducted by
				  the Board not later than the 180th day an offender is eligible for release on
				  parole.
(21) Inmate--A person
				  incarcerated in the TDCJ-Correctional Institutions Division (CID), other penal
				  institution, or jail serving a sentence imposed upon conviction of a
				  felony.
(22) Institutional Parole
				  Officer--A staff member responsible for interviewing offenders and preparing
				  case summaries for review by a parole panel or the Board; and notifying the
				  offender of the releasee decision along with the approval or denial
				  reasons.
(23) Mandatory
				  supervision--The non-discretionary release of an offender from incarceration,
				  but not from the legal custody of the state, under such conditions and
				  provisions for supervision as the parole panel may determine. For the purposes
				  of revocation, the terms "parole" and "mandatory supervision" are
				  interchangeable and reference to either one of said terms includes the
				  other.
(24) Mandatory supervision
				  date--The date on which the release to mandatory supervision of an eligible
				  offender may occur.
(25)
				  Offender--A person incarcerated in the TDCJ-Correctional Institutions Division
				  (CID), other penal institution, or jail serving a sentence imposed upon
				  conviction of a felony or a person released from prison on parole or mandatory
				  supervision.
(26) Offender's
				  file--The paper and electronic file maintained by the TDCJ Parole Division as
				  the official custodian of record.
(27) Pardon--See the definition of "full
				  pardon" set forth in this section.
(28) Parole--The discretionary release of an
				  offender from incarceration, but not from the legal custody of the state, under
				  such conditions and provisions for supervision as a parole panel may
				  determine.
(29) Parole
				  certificate--An order of the Board incorporating the terms and conditions of
				  release.
(30) Parole panel--A three
				  member decision-making body of the Board authorized to act in release matters.
				  In certain cases, the full Board acts as the parole panel.
(31) Party--Each person or agency named or
				  admitted as a party.
(32)
				  Posthumous--An event occurring after death.
(33) Preliminary hearing--Hearing to
				  determine whether probable cause exists to continue holding the offender in
				  custody pending the outcome of the final hearing.
(34) Preponderance of the Evidence--Evidence
				  that is of greater weight or more convincing than the evidence that is offered
				  in opposition to it; that is evidence which as a whole shows that the fact
				  sought to be proved is more probable than not.
(35) Projected Release Date--The minimum
				  expiration date as determined by the Texas Department of Criminal
				  Justice.
(36) Release
				  plan--Proposed community and place of residence and proposed employment or
				  proposed provision for maintenance and care of the releasee.
(37) Releasee--A person released from
				  TDCJ-CID on parole or mandatory supervision.
(38) Remain Set--A decision by the Board,
				  after a special review, to continue the initial denial vote set off.
(39) Remission of fine or forfeiture--An act
				  of clemency by the Governor releasing a person from payment of all or a portion
				  of a fine or canceling a forfeiture of a bond.
(40) Reprieve--A temporary release from the
				  terms of an imposed sentence.
(41)
				  Review period--A period in which a parole panel will review an eligible
				  offender for release on parole or mandatory supervision.
(42) Revocation--The cancellation of parole,
				  mandatory supervision, or a person granted a conditional pardon to immediate
				  incarceration or recommend to the Governor revocation of a conditional pardon
				  without further hearing or, in the instance of reprieve of a fine, to immediate
				  payment of the fine.
(43)
				  RMS--Mandatory supervision vote to release to mandatory supervision when
				  TDCJ-CID determines that the offender has reached the projected release
				  date.
(44) Serve-All (SA)--A
				  decision by the Board to deny parole and not release the offender until the
				  serve-all date.
(45) Serve-All
				  Date--The projected release date or minimum expiration date as determined by
				  the Texas Department of Criminal Justice.
(46) SID--State Identification Number
				  assigned by the Texas Department of Public Safety.
(47) TDCJ--Texas Department of Criminal
				  Justice.
(48) TDCJ-CID--Texas
				  Department of Criminal Justice-Correctional Institutions Division.
(49) Treatment--Refers to rehabilitation
				  programs also referred to as counseling or therapy.
(50) Trial officials--The present sheriff,
				  each chief of police, prosecuting attorney, and judge in the county and court
				  of conviction and release.
(51)
				  Victim--A person who is the victim of the offense of sexual assault, indecency
				  with a child by contact, continuous sexual abuse of a young child or children,
				  aggravated sexual assault, kidnapping, aggravated robbery, trafficking of
				  persons, or injury to a child, elderly individual, or disabled individual or
				  who has suffered personal injury or death as a result of the criminal conduct
				  of another, as defined in Article 56A.001, Sections 6 and 7, Code of Criminal
				  Procedure.