1. TEXAS BOARD OF PARDONS AND PAROLES

2. Texas Board of Pardons and Paroles2 1936 Created by Constitutional Amendment; 3 members – 1 appointed (with Senate approval) by:  Governor,  Chief Justice of Supreme Court, and  Presiding Judge of Criminal Court of Appeals. 6-year terms – one expiring every 2 years. EARLY HISTORY

3. Texas Board of Pardons and Paroles3 In 2003, Legislature replaced 18-member board with:  Chair/Presiding Officer,  6 Board Members and  14 Parole Commissioners. Chair hires Parole Commissioners to assist Board with release decisions, revocations and imposition of Special Conditions. CURRENT BOARD STRUCTURE

4. Texas Board of Pardons and Paroles4 1 Board Member 2 Parole Commissioners in each of 7 Board Offices GOVERNOR PRESIDING OFFICER ANGLETON BOARD OFFICE AUSTIN BOARD OFFICE SAN ANTONIO BOARD OFFICE PALESTINE BOARD OFFICE HUNTSVILLE BOARD OFFICE GATESVILLE BOARD OFFICE AMARILLO BOARD OFFICE

5. Texas Board of Pardons and Paroles5 Adopt policies for decision-making by Board and parole panels. Recommend executive clemency to Governor:  Reprieve  Pardon  Commutation of sentence. Vote on cases requiring extraordinary vote (SB 45) (HB 1914) of full membership. BOARD MEMBER FUNCTIONS

6. Texas Board of Pardons and Paroles6 Decide which offenders to release on parole. Impose special conditions of release. Review violation reports to decide graduated sanctions:  Continue parole, possibly with added conditions  Send to Intermediate Sanction Facility or Substance Abuse Felony Punishment Facility, or  Return to prison. BOARD MEMBER AND PAROLE COMMISSIONER FUNCTIONS

7. Texas Board of Pardons and Paroles7 Research-based factors for successful parole Risk Assessment Instrument  Static Factors – past history, not changeable  Dynamic Factors – current, able to change Combined to create Risk Level score.  The lower the score, more likely to parole.  Not automatic, but case-by-case review. PAROLE GUIDELINES

8. Texas Board of Pardons and Paroles8 3 voting members (majority decides)  Parole  Discretionary Mandatory Supervision  Revocation actions  Conditions of supervision Exception: Entire 7-person Board votes  SB 45 & HB 1914 cases (2/3 majority for parole)  Clemency recommendations PAROLE PANELS

9. Texas Board of Pardons and Paroles9 Parole - discretionary release of offenders by a parole panel.  Eligibility is set by the Correctional Institutions Division Records Office based on legislation in effect at time of offense.  The percentage of a sentence that must be served for eligibility varies according to nature of offense, legislature, offense date.  Parole is a privilege, not a right; Board is never obligated to grant parole. Mandatory Supervision - is an automatic release when time served plus good time earned equals the sentence length with no requirement for release approval from the Board of Pardons and Parole (BPP). Discretionary Mandatory Supervision (DMS) became effective 9/1/1996; still, there are offenders who entered prison prior to that time who remain eligible for MS release. Discretionary Mandatory Supervision – requires parole vote for release of non-violent offenders whose offenses were committed on or after 9/1/1996 and are eligible for Mandatory Supervision. TYPES OF RELEASE

10. Eligibility set by Texas Department of Criminal Justice based on legislation in effect at time of offense.  Percentage of sentence served before eligible varies by nature of offense, legislation and offense date. After first review, offenders reviewed annually. Exceptions for violent offenses – 3,5,7,10 years. PAROLE ELIGIBILITY

11. Texas Board of Pardons and Paroles11 Identify offenders six months prior to first parole eligibility date; four months for later review dates. Notice to trial officials/victims/victim family. Interview offender and prepare case summary. Offender file sent to voting Board office. Offender interview at discretion of lead voter with exception of 20-yr consecutive incarceration. Interviews in support/protest also discretionary. Upon request, parole panel members must grant interview to victim. Offender receives written notice of decision. PAROLE REVIEW PROCESS

12. Texas Board of Pardons and Paroles12 Offense seriousness/nature Criminal history Time served/sentence length Adjustment during supervision Number of incarcerations/Institutional adjustment Alcohol and/or drug involvement Letters of support and/or protest Educational/vocational training in prison Age – current and at time of offense FACTORS CONSIDERED IN VOTING

13. Texas Board of Pardons and Paroles13 FI-1:Release when eligible. FI-2:Release on a specified month/year. FI-3R:Transfer to a TDCJ rehabilitation program, then release to parole only after program completion and no earlier than 3 months from a specified date. Such as TDCJ CHANGES/Lifeskills Program. FI-4R:Transfer to a TDCJ Sex Offender Education Program (SOEP). program. Release to parole only after program completion and not earlier than four months from specified date. FI-5: Release upon completion of the In-Prison Therapeutic Community Substance Abuse Prevention Program. FI-6: Transfer to a DWI Program, then release to an alcohol abuse continuum of care treatment program. FI-6R:Transfer to a TDCJ rehabilitation program such as the TDCJ Pre-Release Therapeutic Community (PRTC) or the Pre-Release Substance Abuse Program (PRSAP). FI-7R:Transfer to the Serious and Violent Offender Reentry Initiative (SVORI) program, then release to parole only after program completion and no earlier than 7 months from a specified date. FI-9R:Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9) FI-18R:Transfer to a TDCJ rehabilitation program, then release to parole only after program completion and no earlier than 18 months from a specified date. Such TDCJ program shall be either the Sex Offender Treatment Program (SOTP-18), or the InnerChange Freedom Initiative (IFI). NR:Do not release, but set the next parole review month/year. SA:Require the offender to serve all his sentence. VOTING OPTIONS Parole panel members do not just vote “yes” or “no.” They have a wide range of voting options:

14. Continuous Sex Abuse of a Young Child or Children Indecency with a Child(3, 5) Injury to a Child, Elderly, or Disabled Individual, 1st Degree Murder, 1 st /2nd Degree Robbery, 2nd Degree Sexual Assault Sexual Performance by a Child Trafficking of Persons A Felony Increased Under Health and Safety Code (Drug-Free Zones) Offenders not eligible for mandatory supervision – violent offense Aggravated Assault, 1 st /2nd Degree Aggravated Kidnapping, 1 st /2nd Degree Aggravated Robbery, 1st Degree Aggravated Sexual Assault, 1st Degree (3,5,7,10) Any Offense with an Affirmative Finding of a Deadly Weapon Arson, 1st Degree Burglary, 1st Degree Capital Murder Compelling Prostitution SET OFF 3, 5, 7 OR 10 YEARS?

15. Texas Board of Pardons and Paroles15 APPROVAL/DENIAL REASONS 1.CRIMINAL HISTORY A The record does not include a documented pattern of violent or assaultive arrests or convictions. D The record indicates that the offender has repeatedly committed criminal episodes that indicate a predisposition to commit criminal acts upon release. 2.NATURE OF OFFENSE A The record indicates non-violent offenses and the instant offense indicates no tendency toward violent/assaultive behavior, with limited potential for future assaultive type offenses. D The record indicates the instant offense has elements of brutality, violence, assaultive behavior, or conscious selection of victim’s vulnerability indicating a conscious disregard for the lives, safety, or property of others, such that the offender poses a continuing threat to public safety. 3.DRUG OR ALCOHOL INVOLVEMENT A The record indicates limited or non-involvement with substance use. D The record indicates excessive substance use involvement. 4.INSTITUTIONAL ADJUSTMENT A The record indicates that the inmate has maintained a satisfactory institutional adjustment. D The record indicates that the offender has an unsatisfactory institutional adjustment. 5.ADJUSTMENT DURING PERIODS OF SUPERVISION AThe record indicates successful periods of supervision on probation, parole, or mandatory supervision. DThe record indicates unsuccessful periods of supervision on previous probation, parole, or mandatory supervision that resulted in incarceration, including parole- in-absentia. 6.PARTICIPATION IN TDCJ-CID PROPOSED OR SPECIALIZED PROGRAMS A The record indicates participation in and completion of TDCJ-CID programs and activities in the individual treatment plan that should enhance chances to obtain and maintain full-time stable employment. D The record indicates that the offender refused to participate or intentionally failed to complete TDCJ-CID programs and activities in the individual treatment plan. 7.TIME SERVED A The record indicates that length of time served by the offender is congruent with offense severity and criminal history. D The record indicates that length of time served by the offender is not congruent with offense severity and criminal history. 8.FELONY OFFENSE D The record indicates that the offender has been charged before a magistrate, indicted, or convicted by a court of competent jurisdiction, with a felony offense committed while incarcerated. 9.DISCRETIONARY MANDATORY SUPERVISION-For a vote not to release, it is necessary to vote both D1 and D2, along with any other reasons that may apply. ARelease to Discretionary Mandatory Supervision D1The record indicates that the inmate’s accrued good conduct time is not an accurate reflection of the inmate’s potential for rehabilitation. D2The record indicates that the inmate’s release would endanger the public. 10.GANG AFFILIATION A The record indicates that the offender is not a confirmed member of one of the TDCJ-CID designated security threat group. D The record indicates that the offender is a confirmed member of one of the TDCJ- CID designated security threat group. 11.OTHER A or D Write an explanation. Note: One or more component in each paragraph may apply, but only one is required for approval (A) or denial (D).

16. Texas Board of Pardons and Paroles16 Effective January 1, 2004 Creates an extended set off for certain offenders (the board panel elects a period between one and five years for the next review) Mandates annual review of all other eligible offenders SENATE BILL 917

17. Texas Board of Pardons and Paroles17 HOUSE BILL 1433 CASES DMS: Deny release to Mandatory Supervision and set for review on a future specific month and year (setoff) one year from the date of the panel decision. Note: A parole panel that votes DMS must determine that the offender’s accrued good conduct time is not an accurate reflection of the offender’s potential for rehabilitation AND that the offender’s release would endanger the public. The panel must specify in written form on the minute sheet the reasons for its determination. RMS: Release to Mandatory Supervision. Offender will be scheduled for release on minimum expiration (or projected release) date. Discretionary Mandatory Supervision Voting Options

18. Texas Board of Pardons and Paroles18 SENATE BILL 45 VOTING OPTIONS Authority: Section 508.046, Government Code (formerly SB 45, 74 th Legislature) (Two-Thirds Majority Vote Required) FI-1: Release when eligible. All conditions attached therewith apply. FI-18R (M/Y): Place sex offenders into eighteen months of treatment prior to release. NR (M/Y): Deny favorable parole action and set for review in three years or five years. SA: Deny parole with no regular subsequent reviews. Offender must serve balance of sentence.

19. Texas Board of Pardons and Paroles19 WHAT ACTIONS MAY THE PAROLE PANEL TAKE DURING THE REVOCATION PROCESS? Do not revoke, but allow to continue on supervision, either with or without modification of conditions or release. Do not revoke but allow to discharge if the offender is past his or her discharge date. Transfer to an Intermediate Sanction Facility (ISF) or Substance Abuse Felony Program Facility (SAFPF). Impose additional special condition(s). Revoke release; and reversal of previous revocation action. The Parole Panel may order various actions in the revocation process. Such actions may include the following:

20. Texas Board of Pardons and Paroles20 Board trend has been to grant parole in a larger percentage of cases: Research-based Parole Guidelines assist in identifying offenders with greatest chance for successful parole, Availability of rehabilitation and treatment programs prior to release, and Ability to plan for re-entry and reintegration into community. KEY PAROLE TREND

21. Texas Board of Pardons and Paroles21 Board is revoking parole less often, especially for technical violations: Alternatives to sending parole offenders back to prison now include referrals to  Intermediate Sanction Facility, or  Substance Abuse Felony Punishment Facility, or  Imposing additional parole conditions. KEY REVOCATION TREND

22. Texas Board of Pardons and Paroles22 Board handles a large volume of decisions each year: 94,000 parole and discretionary mandatory supervision cases, 38,000 revocation cases, and 200 clemency recommendation decisions VOLUME OF DECISIONS

23. Texas Board of Pardons and Paroles23 The Board cooperates closely with: Texas Department of Criminal Justice:  Victim Services  Parole Division  Rehabilitation and treatment programs Judicial System and Law Enforcement, and Community Organizations supporting successful re-entry of offenders into society. PARTNERSHIPS FOR SUCCESS

24. Texas Board of Pardons and Paroles24 David Gutierrez, Chair Price Daniel Sr. Building 209 West 14 th Street, Ste. 500 Austin, TX 78701 512-936-6351 Gatesville Board Office 3408 S. State Hwy. 36 Gatesville, TX 76528 254-865-8870 Amarillo Board Office 5809 S. Western, Ste. 200 Amarillo, TX 79110 806-359-7656 James LaFavers Board Member Marsha S. Moberley Parole Commissioner Charles A. Shipman Parole Commissioner Angleton Board Office 1212 N. Velasco, Ste. 201 Angleton, TX 77515 979-849-3031 Cynthia Tauss Board Member Lynn Ruzicka Parole Commissioner Ira Evans Parole Commissioner Austin Board Office 4616 W. Howard Lane, Ste. 200 Austin, TX 78728 512-671-2532 Ed Robertson Board Member Troy Fox Parole Commissioner Elvis Hightower Parole Commissioner Gatesville Board Office 3408 S. State Hwy. 36 Gatesville, TX 76528 254-865-8870 David G. Gutierrez Chair Lee Ann Eck-Massingill Parole Commissioner Roel Tejada Parole Commissioner Huntsville Board Office 1300 11th St., Ste. 505 Huntsville, TX 77342 936-291-2161 Fred Rangel Board Member Roy (Tony) Garcia Parole Commissioner Wanda Saliagas Parole Commissioner Palestine Board Office 133 E. Reagan Street Palestine, TX 75801 903-723-1068 Michelle Skyrme Board Member Paul Kiel Parole Commissioner James Hensarling Parole Commissioner San Antonio Board Office 2902 N. E. Loop 410, Ste. 206 San Antonio, TX 78218 210-564-3721 Fred Solis Board Member Charles Speier Parole Commissioner Anthony Ramirez Parole Commissioner BOARD OFFICES

25. Texas Board of Pardons and Paroles25 TEXAS BOARD OF PARDONS AND PAROLES P.O. Box 13401 Capitol Station Austin, TX 78711 http://www.tdcj.state.tx.us/bpp/