The information that follows is the result of my personal experience in representing inmates over the last twenty years and the gracious insights of other Board members. I hope that this will assist you in making an informed decision regarding representation for your loved one.

The Role of the Attorney in a Parole Presentation

I want to emphasize at the outset that the Texas Board of Pardons and Paroles does not encourage or discourage attorney representation at parole review hearings. Oftentimes Institutional Parole Officers will tell inmates and families that hiring an attorney is a waste of time and money and that the Board doesn't like to be bothered with attorneys. This is far from the truth. Oftentimes, myths exist (usually generated by less than ethical attorneys) that they have the ability to deliver a favorable parole vote due to mysterious or illicit influence that they exercise over the Board members. This too is far from the truth. A thorough and professional presentation by an attorney skilled in the field of parole who has the respect of the Board members can assure that the inmate will receive a more full and fair consideration of their case than they might otherwise receive through an ordinary review.

The best word to describe the attorney's role in a parole hearing is "advocate." A good parole attorney should examine the case, investigate issues that might not ordinarily appear in a file, organize the information, and present the facts to the Board Panel. The attorney should concentrate on the relevant issues instead of using a blunderbuss approach and hope that something useful might emerge. An effective attorney will present a clear and complete picture of his client as an individual with a plan of action, the tools, and the desire to succeed. A good attorney sets his client apart from the vast sea of white uniforms that the public thinks of when they think of a prison inmate. This is what a client can expect from an attorney and it is all an attorney can reasonably and ethically provide. When the potential client and his family understand the attorney's role in the parole process they will, in all likelihood, wish to have legal counsel handle their parole presentation.

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The Initial Family Interview

Although the inmate will be the client, the attorney's first contact will usually be with family or friends of the inmate. The initial interview with the family is a session in which questions can be asked and answers given so that the attorney can determine whether he can be of assistance to the inmate and so the family can determine whether or not the attorney is competent in this field. Emotions are generally running high and it is extremely difficult for those who seek assistance to cope with the realities of the situation. The family and friends often believe their loved one is innocent and should not be in prison in the first place. In any event, they are convinced that the inmate has been confined too long and if the attorney is even minimally competent it should not be any problem making the Parole Board understand that their loved one should be allowed to come home. The attorney should try to ease their minds by explaining how the parole process works and how the rules and regulations control the case. Even if the outcome looks bleak, everyone has the right to seek legal counsel to represent him during the parole process.

If the attorney believes that the case can benefit from his assistance, the attorney needs to know exactly where the inmate is in the parole process. Is the inmate even eligible for review? If the inmate is eligible for parole, does the case fit into the time frame for the Board to begin the review process? Has the Institutional Parole Officer interviewed the inmate? The Texas Board of Pardons and Paroles does not have a formal docket. Files arrive at each of the Board offices on a weekly delivery schedule and the office staff does not know in advance when a given case will arrive. A file can be voted soon after arrival in a Board office. IT IS THE RESPONSIBILITY OF THE ATTORNEY TO KEEP UP WITH THE FILE. All seven Board offices have different procedures, therefore, it is essential that the attorney is familiar with when the file will arrive at the office and how that office handles requests for presentation.

If the attorney determines there is nothing that can be done to help, he should explain the facts to the family and explain why he will decline the case. No one should ever be given false hope for an attorney's personal gain. While there is no way to predict or guarantee the outcome of a parole panel decision, if the attorney believes the case has a high possibility of a favorable outcome without his representation, the party seeking assistance should be told that they may not need the assistance of counsel. The attorney should also tell the party the basis for that conclusion. In most instances families will still want to hire an attorney to gain every possible advantage.

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The Inmate Interview

Amazingly, some lawyers make presentations before the Board without ever meeting their clients. Some lawyers send junior associates or paralegals to the prison unit for the interview. Although a friend or family member hired the attorney, the inmate is the one whose fate will hinge upon the decision the attorney hopes to affect. It is difficult to understand how one can effectively represent an inmate without spending time with him. The interview should include a complete personal and social history of the inmate that would include information regarding his family, his educational background, his employment history, marital history and a complete medical and psychological history.

It is important to know whether the inmate has committed a major disciplinary offense, which resulted in a loss of good conduct time or a loss of class status below that at which the inmate entered into TDCJ custody. The current entry status is a Line Class I. If the disciplinary offenses occurred during the six months prior to the inmate being reviewed for parole, Texas Board of Pardons and Paroles policy requires that the inmate receive a parole set-off of at least one year. If the inmate has less than one year remaining before mandatory release, they may not be paroled and will not be released until their mandatory release date, or if not eligible for mandatory release, they will serve until the completion of their sentence.

The attorney should inquire as to whether the client refused to participate in any programs recommended in that inmate's Individualized Treatment Plan (ITP). Examples of programs are GED classes, vocational studies, Substance Abuse or Sex Offenders Treatment Programs. If, in fact, the inmate did refuse to participate in a program that TDCJ determined would be beneficial, and for which he was eligible, that inmate will be denied parole. However, if TDCJ records show a refusal and your client denies ever having refused any program, further investigation may show that he did not know that he refused a program or that the records are in error. One might discover that the inmate did not participate because he had already accomplished the goal of the program or was physically unable to do so. Any of these situations are well worth the attorney's time and effort to clarify and correct in the client's file. Failure to do so may result in an inmate serving additional prison time due to erroneous information.

The attorney should obtain release of information authority from the inmate so that materials can be obtained from prison files, from attorney who have represented the inmate in the past, and from doctors, hospitals or therapist who may have previously treated the inmate.

Besides the inmate, the inmate's family, and his friends, there are other sources of information that can help an attorney develop a complete dossier on the client. One must know the negative aspects of the case as well as the positive aspects in order to provide proper representation. Rest assured the Board panel will know most of the unpleasant aspects of the inmate. The attorney never wants to be surprised at the presentation.

After the attorney has gathered all documentation, questionnaires, support letters, and done the interviews, he is ready to develop a theme to present the inmate to the Parole Board panel as a complete person who has used the tools available to rehabilitate himself and as someone who can be released into free society with a reasonable expectation of not returning to prison.

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The Written Presentation

A well-prepared written presentation should be included in any parole presentation package. Without a well-prepared written presentation, the inmate, his family, and the Parole panel would have good cause to doubt the lawyer's abilities and his commitment to his client.

The members of the Texas Board of Pardons and Paroles are required by statute to meet with the crime victims and their representatives. However, they do not have to meet with inmates, their families, or their legal representatives. Board rules state that unless otherwise provided, all communications regarding inmates should be in writing. While Board Members may not be required to meet with attorney representatives, all offices will accept written parole presentations. This may be the lawyer's only way to represent his client before the Board panel.

The written parole presentation is also valuable in making a presentation to a Board panel that welcomes attorney presentations. Parole Board panels consist of three Board Members, but only in the most rare circumstances will an attorney make the parole presentation to more than one Board Member. Board procedure designates the first Board Member to vote the case as responsible for taking the lead in gathering information for the panel. During the oral presentation, that member will ask questions and take notes, or have the Board Assistant take notes, for the file. Those notes will be available to the second and any subsequent voters on the case. However, notes taken during a presentation may not include all the details the attorney believes are necessary to provide subsequent voters a complete picture of the client.

The written presentation is the ideal place to put copies of the certificates, transcripts, awards and diplomas that the client earned. Sometimes excerpts of trial testimony or news reports are helpful in providing background and giving context to the inmates behavior. Also, psychological evaluations and polygraph results can be used to the client's benefit.

The written presentation should parallel the information provided in the oral presentation if the client is to be reviewed in an office that allows oral presentations. Much of the material that will be discussed in the section concerning the oral presentation should be in the written presentation as well. One of the purposes common to both is to establish the image you wish to project about the inmate. Both oral and written presentations have roles in humanizing the inmate and presenting the client in a way that will persuade the Parole Board panel members to consider why the person before them should be among the 23% that receive parole as opposed to the 77% who are denied. The attorney must provide honest and accurate information that shows why his client is no longer a threat to the lives and property of Texans and is ready to be released into society and assume the role of a productive citizen.

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The Oral Panel Presentation

The goal of all members of the Board of Pardons and Paroles is the same. They want to parole those who are ready to succeed and retain those inmates who have not yet reached the point of adequate punishment for the crimes committed or still pose a threat to the lives and property of Texans.

The Board's decision to parole is based upon facts rather than emotions and their interest is beyond what is best for the inmate, his family and friends. The Board is more concerned about the impact an early release will have on the community than the well being of any one offender.

The client was convicted of a crime; otherwise he would not be in prison. Debating the guilt or innocence is usually pointless because the courts have already decided that matter. Particularly unhelpful are diatribes about the unfairness of the justice system and how "all the murderers and rapists do not stay in prison nearly this long." The facts of the offense or offenses need to be addressed, but not dwelled upon.

Since Board Members are individuals with different backgrounds and experience the attorney's knowledge of the Board members backgrounds and their individual approach to the decision making process is invaluable. Only an attorney who has practiced exclusively in the area of parole for a substantial period of time possesses such insights.

If an attorney is not fully honest with a Board panel that attorney will lose credibility with the entire Board. Board members talk to each other, so misleading a Board Member on one panel can damage an attorney's reputation with the entire Board. No one can predict the future and the Board panel does not expect anyone to guarantee an inmate's future conduct. There is a time for advocacy and subjective opinions, but when information is presented as facts, one should verify the information proffered to the panel. The best presentations are those that are well organized, argued from merit alone, and supported by objective data. The worst presentations are driven by emotional unfocused arguments, with little if any objective information provided by an attorney who knows nothing about the client or the workings of the Board. Board Members evaluate presentations and those attorneys who consistently deliver quality work will build respect and credibility. As those attorneys who practice in the courtroom know, being respected and considered credible can be the difference in winning and losing the close decisions. No case is worth losing the respect of Board Members.

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Senate Bill 45 Cases Requiring Special Voting Procedures

The Board of Pardons and Paroles has voting options other than approval or denial of release to supervision. The Board may grant parole at some designated time in the future or require that the inmate successfully complete a program of between three and eighteen months. When an attorney determines that the possibility of an immediate parole is unlikely he may serve his client well by urging the Board to consider these options and show why such a course of action is in the best interest of the offender and the State of Texas. Examples of a situation where these options may be viable alternatives would be an inmate that otherwise may be a good risk but has not really served enough time, a history of drug abuse or other problems. Should the client have problems that could be addressed in therapeutic surroundings, an attorney does both the inmate and society a service by urging the Board panel to place his client in such programs, even if it results in longer incarceration. Most attorneys have the client's best interest as a prime concern. If a program gives the inmate what he needs to avoid returning to prison, the lawyer does both the client and society a worthy service.

There are cases in which the attorney provides a valuable service to his client by limiting a set-off to only one-year. The attorney must be ready to change his plan of action depending upon his reading of the Board reaction to the presentation. These options need to be explained to the inmate and his supporters to avoid disappointment should the inmate receive a board decision other than one that results in his immediate release. Parole Board Members are looking for inmates who are ready to succeed and want to find the path that increases the chances of success.

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Conclusion

An attorney must be fully knowledgeable in this very complex area of law in order to be an effective advocate for his client. Only a few attorneys in Texas possess such qualifications. The client should make careful inquiry into the background and experience of the lawyer before making a decision that is so crucial to the life of their loved one.

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(a) Unless otherwise provided, information and arguments for and on behalf of an inmate shall be in writing.

(b) Unless otherwise provided, all information and arguments for and on behalf of an inmate shall be submitted to the Review and Release Processing Section-TDCJ, Austin, Texas.

(c) In the event that an inmate's case is in the review period, copies of all information and arguments for and on behalf of an inmate may be submitted to members of the panel designated to consider the case. For this purpose, review period shall mean a period greater than two months but less than six months prior to the scheduled review date.

§141.61. Representation of an Inmate (New Rule)

(a) Persons representing an inmate may appear before a member of the board panel designated to consider the inmate's case.

(b) Requests for appearances by persons representing inmates shall be only when the inmate's case is under review, during the review period, and at the discretion of the members of the board panel designated to review the case.

(c) The time, place, and manner of contact between a person representing an inmate and a member of the board or an employee of the board shall be established by the members of the board panel designated to review the case.

(d) For this purpose, the review period shall mean a period greater than two months but less than six months prior to the scheduled review date.

§141.82. Fee Affidavits

(a) Any person who represents an inmate for compensation before the board or any of its members, before a parole panel, or any board employee for the purpose of submitting or presenting information or arguments for and in behalf of any person within the jurisdiction of the board, shall submit before or at the time of such appearance a completed fee affidavit form.

(b) The completed fee affidavit form shall state whether any fee has been, or is to be paid for his participation or services in the case and all other information required by the Code of Criminal Procedure, Article 42.18, §11.

The provisions of this §141.82 adopted to be effective May 1, 1995. 20 TexReg 2860.

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Interviews

§141.91. Purpose

Any member of the board or any representative of the board may interview any person who wishes to present or submit information for and in behalf of any person within the jurisdiction of the board upon proper registration and presentation of any necessary fee affidavit. Such interview shall not be deemed to be a hearing and shall not be public.

The provisions of this §141.91 adopted to be effective May 1, 1994. 19 TexReg 4753.

§141.94. No Decision Permitted

No decision to recommend or deny parole, to order revocation of parole or mandatory supervision, or to recommend any form of executive clemency or the revocation thereof shall be made by the board or any of its members during such an interview.

The provisions of this §141.94 adopted to be effective July 1, 1994, 19 TexReg 4753.

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Definition of Terms

§141.111. Definitions

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

Administrative release (parole/mandatory, supervision) revocation hearing, administrative release revocation hearing, revocation hearing or violation hearing--Are synonymous terms for a hearing conducted under §§145.41-145.55 of this title (relating to Revocation of Administrative Release (Parole and Mandatory Supervision)); and for hearings, §§147.1-147.7 of this title (relating to General Rules for Hearings); and §§147.21-147.28 of this title (relating to Evidence), to determine whether the board will enter an order revoking the administrative release or order some lesser sanction or recommend to the governor the revocation of the administrative release of any individual subject to executive clemency.

Administrative releasee--A person released to parole or mandatory supervision and under the supervision of the TDCJ-Parole Division. The term also includes a person released on a conditional pardon.

Administrative Violation of Parole or Mandatory Supervision--A violation of parole or mandatory supervision which does not allege criminal conduct.

Area supervisor or regional supervisor--Are synonymous terms for the regional staff officer supervising the parole officer to whom the parolee reports.

Board--The Texas Board of Pardons and Paroles.

Community residential facility--A facility for the provision of residential placement services to administrative releasees.

Commutation of sentence--An act of clemency by the governor which serves to modify the conditions of a sentence.

Conditional pardons--A form of executive clemency granted by the governor which serves to release the grantee 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 purposes of revocation thereof, to be an administrative releasee (see the definition of administrative releasee set forth in this section), and all such revocations for revocation of administrative release, §§ 145.41-145.55 of this title (relating to Revocation of Administrative Release (Parole and Mandatory Supervision)).

Constitutional and statutory references--Articles of the Texas Constitution, the Texas Code of Criminal Procedure, the Texas Civil Statutes, or Texas Penal Code.

Contract of release--An order of the board incorporating the terms and conditions of release (See Parole Certificate).

Criminal Conduct--An act prohibited by law, not including an offense punishable by fine only involving the operation of a motor vehicle.

CU/Fl--Consecutive felony sentence vote that designates the date on which the prisoner would have been eligible for release on parole if the prisoner had been sentenced to serve a single sentence. This is not a release to parole vote.

CU/NR--Consecutive felony sentence vote to deny favorable parole action and set for review on a future specific month and year (set-off).

DMS--Mandatory supervision vote to deny release to mandatory supervision and set for review on a future specific month and year (setoff).

Division--The Parole Division of the Texas Department of Criminal Justice.

Executive committee--Six members appointed by the Chairman to perform duties as described in Texas Code of Criminal Procedure, Article 42.18, §6(c).

Full Pardon--An unconditional act of executive clemency by the governor which serves to release the grantee from the conditions of his or her sentence and from any disabilities imposed by law thereby.

Further Investigation (Fl)--An initial determination by a parole panel favorable to parole of an inmate, subject to additional investigation and processing.

Hearing officer--A staff member designated by the board and assigned to conduct an administrative release revocation hearing concerning one or more allegations of violation of the terms and/or conditions of parole, mandatory supervision, or conditional pardon.

Hearing section--The hearing section of the Texas Board of Pardons and Paroles.

Inmate--A person incarcerated in the TDCJ Institutional Division, other penal institution, or jail serving a sentence imposed upon conviction of a felony.

Mandatory supervision--The non-discretionary release of a prisoner from imprisonment but not from the legal custody of the state, under such conditions and provisions for supervision as the board panel may determine. A prisoner released to mandatory supervision is deemed as if on parole. For the purposes of revocation, the terms "parole" and "mandatory supervision" are interchangeable and reference to either one of said terms includes the other.

Mandatory supervision certificate--An order of the board or board panel incorporating the terms and conditions of supervision.

Mandatory supervision date--The date on which the release to mandatory supervision of an eligible prisoner may occur.

Mandatory supervision releasee and mandatory releasee--A person released from prison under mandatory supervision (see definition of "mandatory supervision" set forth in this section). A mandatory releasee is also an administrative releasee (see definition of "administrative releasee" set forth in this section).

Pardon--See the definition of full pardon set forth in this section.

Parole--The discretionary release of a prisoner from imprisonment but not from the legal custody of the state, under such conditions and provisions for supervision as the board or board panel may determine.

Parole certificate--An order of the board or board panel, incorporating the terms and conditions of release (See Contract of Release).

Parole officer--A person duty appointed by the director of the TDCJ-Parole Division and assigned the duty of supervising administrative releasees.

Parole panel--A three member decision-making body authorized to act in administrative release matters.

Parolee--A person released from prison on parole (see definition of parole set forth in this section). A parolee is also an administrative releasee (see definition of "administrative releasee" set forth in this section).

Party--Each person or agency named or admitted as a party.

Preliminary hearing--Hearing at which is determined whether probable cause exists to Support an allegation of a parole violation, pending a revocation hearing.

Pre-parole transfer--The transfer of an eligible prisoner, as defined in Texas Civil Statutes, Article 6166-4, to a community residential facility, as defined in Texas Civil Statutes, Article 6616-4.

Release plan--Proposed community and place of residence and proposed employment or proposed provision for maintenance and care of the releasee.

Remission of fine or forfeiture--An act of clemency by the governor releasing the grantee from payment of all or a portion of a fine or canceling a forfeiture of a bond.

Reprieve--A temporary release from the terms of an imposed sentence.

Restoration of rights of citizenship--A pardon limited to the restoration of the right to vote, which in turn restores any other civil rights conditioned upon the right to vote.

Revocation--The cancellation of parole, mandatory supervision, or of a conditional act of executive clemency which subjects the administrative releasee or grantee of the act of executive clemency to immediate incarceration or, in the instance of reprieve of a fine, to immediate payment of the fine.

RMS--Mandatory supervision vote to release to mandatory supervision when TDCJ determines that the prisoner has reached a mandatory supervision date.

Serve-All (SA)--A decision by the board or board panel to deny parole and to not release the inmate until serve-all date.

Serve-All Date--The projected release date or minimum expiration date as determined by the Texas Department of Criminal Justice.

Statutory references--See the definition of constitutional and statutory references" set forth in this section.

Trial officials--The present sheriff, prosecuting attorney, and judge in the county and court of offense, conviction and release.

Victim--A person who is a victim of sexual assault, kidnapping, aggravated robbery, or felony harassment or who has suffered bodily, injury or death as a result of the criminal conduct of another, as defined in the Texas Code of Criminal Procedure, Article 24.18, §8.

The provisions of this §141.111 adopted to be effective May 1, 1995, 20 TexReg 2861; amended to be effective August 14, 1996; 21 TexReg 7563; amended to be effective November 4,1996, 21 TexReg 10437; amended to be effective June 30, 1997, 22 TexReg 5842; amended to be effective December 29, 1997, 22 TexReg 12540. This Section cited in 37 TAC §143.21, (relating to Definition); 37 TAC §141.5, (relating to witnesses.)

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Parole Process

§145.1. Parole Decision-Maker

(a) The board is the parole release decision-maker of persons convicted of a Capital felony, or an offense under §§21.11 (a)(1), 22.021, or 12.42 (d)(2) of the Penal Code. The board may grant parole only upon a two-thirds vote of the entire membership of the board. 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, a three-member parole panel is the parole decision-maker. A parole panel may consider for parole any eligible person and upon approval by panel majority may release such person on parole. The members of a parole panel are not required to meet as a body to perform these decision-making duties.

The provisions of this §145.1 adopted to be effective July 1, 1994. 19 TexReg 4754, amended to be effective January, 6, 1997. 21 TexReg 12426.

§145.2. Standard Parole Guidelines

(a) The parole decision-maker is vested with complete discretion in making parole decisions to accomplish the mandatory duties found in Code of Criminal Procedure, Article 42.18.

(b) There are no mandatory rules or criteria upon which parole release decisions must be based. The parole decision-maker has the complete discretion to investigate a candidate for parole.

(1) To assist the parole decision-maker in its investigation of a possible parole release, the board has adopted standard parole guidelines that are the basis, but not the exclusive criteria upon which parole decisions are made.

(2) The standard parole guidelines shall include:

(A) current offense or offenses;

(B) time served;

(C) the risk factors (consideration for public safety);

(D) institutional adjustment;

(E) the criminal history;

(F) official information supplied by trial officials including victim impact statements;

(G) information in support of parole.

(c) The adoption and use of the standard parole guidelines does not imply the creation of any parole release formula, or a right or expectation by an inmate to parole based upon the guidelines. A parole score and salient factor while utilized for research and reporting is not to be construed so as to indicate the parole decision. The standard parole guidelines shall serve as an aid in the parole decision process and the parole decision shall be at the discretion of the parole decision-maker.

(d) The Board is authorized to revise the standard parole guidelines as warranted.

The provisions of this §145.2 adopted to be effective May 1, 1995, 20 TexReg 2861 1995, 20 TexReg 2861.

§145.3. Policy Statements Relating to Parole Release Decisions by the Board of Pardons and Paroles

To aid the Board of Pardons and Paroles in its analysis and research of parole release, the board adopts the following policies.

(1) Release to parole is a privilege, not an inmate 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 to be evaluated on an individual basis.

(B) There are no mandatory rules or guidelines for analysis or set release criteria that must be followed in every case because each inmate is unique.

(C) Since the board has the statutory duty to make release decisions which are only in the best interest of society, and "when it thinks an inmate is able and willing to be a law abiding citizen, set guidelines are merely optional tools to aid in the completely discretionary parole decision.

(2) An inmate will be considered for parole when he becomes statutorily eligible and meets the following criteria dealing with his behavior while incarcerated.

(A) Other than on initial parole eligibility, the person must not have had a major disciplinary misconduct report in the six-month period prior to the date he is reviewed for parole; which has resulted in loss of good time and/or reduction to a classification status below that assigned during that person's initial entry into TDCJ-ID.

(B) Other than on initial parole eligibility, at the time he is reviewed for parole the person must be classified in the same or higher time earning classification assigned during that person's initial entry into TDCJ-ID.

(C) If any inmate who has received an affirmative vote to parole and following the vote, notification is received that the inmate has been reduced below initial classification status or has lost good time, the parole decision will be reviewed and revoted by the parole decision maker.

(D) An administrative release violator (parole or mandatory supervision violator) who has been revoked for technical reasons will be eligible for release to parole when he has been incarcerated for 12 months calendar time, to be computed from his date of return to custody as an administrative release violator.

(E) An administrative release violator (parole or mandatory supervision violator) with a new felony conviction or convictions will be eligible for parole when he has served 12 months calendar time or has accumulated sufficient time to become eligible for parole on the new sentence, whichever is greater.

(F) An inmate who is convicted of a felony offense committed while confined in the TDCJ Institutional Division, or in a facility under the supervision of the TDCJ, or under contract to the TDCJ, in a jail in this state, a federal correctional institution, or a jail or correctional institution in another state will be considered eligible for parole after the inmate has served either three years flat time from the date the offense occurred or has served the new sentence in calendar days, whichever is less.

(G) An inmate who is otherwise statutorily eligible for parole and who is charged with a felony offense committed while in the TDCJ, any facility under its supervision, or a facility under contract to the TDCJ will not be released to parole until the felony charge if finally adjudicated and the board notified of the final disposition for appropriate board action.

(H) An inmate may be approved for parole under the condition that he complete the In-Prison Therapeutic Community Program (IPTC) or Substance Abuse Felony Punishment Facility Program (SAFPF) and any requirements of those programs, such as after-care. An inmate approved for parole under these conditions will be reconsidered if he fails to complete the requirements of a special treatment/educational program, to include after-care components of the program.

(3) Any consideration by a Board member of an inmate's litigation activities when determining an inmate's candidacy for parole is strictly prohibited. No inmate will be denied the opportunity to present to the judiciary, including appellate courts, his or her allegations concerning violations of fundamental constitutional rights. Any consideration of such legal activity during- the parole process is a violation of Board policy. In the event parole is denied in violation of this subsection, the inmate may pursue a remedy under the special review, provisions of §145.16(b) of this title (relating to Action Upon Review of Additional Information).

Provisions of this §145.3 adopted to be effective May, 1, 1995. 20 TexReg 2862; amended to be effective August 14, 1996, 21 TexReg 7564; amended to be effective January 6, 1997, 21 TexReg 12427.

§145.4. Policy Statements Relating to Felony -Consecutive Sentences.

(a) A parole panel may not treat consecutive sentences as a single sentence for purposes of parole.

(b) A parole panel shall treat consecutive felony sentences singularly and in sequence.

(c) A parole panel may not release on parole a prisoner sentenced to serve consecutive felony sentences earlier than the date on which the prisoner becomes eligible for release on parole from the last sentence imposed on the prisoner.

(d) A parole panel shall designate during each sentence the date, if any, on which the prisoner would have been eligible for release on parole if the prisoner had been sentenced to serve a sin-le sentence.

The provisions of this §145.4 adopted to be effective April 7, 1997, 22 TexReg 3042.

§145.12. Action upon Review

A case reviewed by a parole panel for parole consideration may be:

(1) deferred for request and receipt of further information.

(2) denied a favorable parole action at this time and set for review on a future specific month and year (Set-Off). The next review docket date (Month/Year) may be set at any date in the three year incarceration period following the prior parole docket date, but in no event shall it be less than one calendar year from either the prior parole docket date or the date of the panel decision if the prior parole docket date has passed;

(3) deny parole and order serve-all, but in no event shall this be utilized if the inmate's minimum expiration date is over three years from either the prior parole docket date or the date of the panel decision if the prior parole docket date has passed. If the serve-all date in effect on the date of the panel decision is extended by more than 180 days, the case shall be placed in regular parole review;

(4) determined that the totality of the circumstances favor the inmate's release on parole, further investigation (FI) is ordered in the following manner; and, upon release to parole, all conditions of parole or release to mandatory supervision that the parole panel is required by law to impose as a condition of parole or release to mandatory supervision are imposed;

(A) Fl- I --release when eligible;

(B) FI-2 (Month/Year)--release on a specified future date within the three year incarceration period following either the prior parole docket date or date of the panel decision if the prior parole docket date has passed;

(C) FI-3 R (Month/Year) - transfer to a TDCJ rehabilitation tier program of not less than three months in length and not earlier than the specified date. Release to parole upon program completion. Such TDCJ program may include the Pre-Release Substance Abuse Program (PRSAP). In no event shall the specified date be set more than three years from the current docket date or the date of the panel decision if the current docket date has passed;

(D) FI-4 (Month/Year)--transfer to Pre-parole Transfer facility prior to presumptive parole date set by board panel and release to parole supervision on presumptive parole date, but in no event shall the specified date be set more than three years from either initial eligibility date, current docket date or date of panel decision, if the aforementioned dates have passed;

(E) FI-5--transfer to Inpatient Therapeutic Community Program. Release to aftercare component only after completion of IPTC program;

(F) FI-6 R (Month/Year)--transfer to a TDCJ rehabilitation tier pro-ram of not less than six months in length and not earlier than the specified date. Release to parole upon program completion. Such TDCJ program may include the Pre-Release Therapeutic Community (PRTC). In no event shall the specified date be set more than three years from the current docket date or the date of the panel decision if the current docket date has passed;

(G) FI-9 R (Month/Year) - Transfer to a TDCJ rehabilitation tier program of not less than nine months in length and not earlier than the specified date. Release to parole upon program completion. Such TDCJ program may include the In-Prison Therapeutic Community (IPTC). In no event shall the specified date be set more than three years from the current docket date or the date of the panel decision if the current docket date has passed;

(H) FI-18 R (Month/Year) - transfer to a TDCJ rehabilitation tier program. of not less than eighteen months in length and not earlier than the specified date. Release to parole upon program completion. Such TDCJ program may include the Sex Offender Treatment Program (SOTP). In no event shall the specified date be set more than three years from the current docket date or the date of the panel decision if the current docket date has passed;

(5) if in special review or group review status, a case may be ordered to remain set or placed in further investigation (FI) status. The provisions of this §145.12 adopted to be effective May 1, 1995, 20 TexReg 2863, amended to be effective August 14, 1996, 21 TexReg 7564; amended to be effective June 30, 1997, 22 TexReg 5843; amended to be effective June 30, 1998, 23 TexReg 6722. This Section cited in 37 TAC §145.16, (relating to Action upon Review of Additional Information).

§145.13. Action upon Review; Consecutive (Cumulative) Felony Sentencing

(a) This section applies only to a prisoner 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 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/NR Month/Year - Cause No., deny favorable parole action and set for review on a future specific month and year (set-off). The next review docket date (Month/Year) may be set at any date in the three-year incarceration period following the prior parole docket date, but in no event shall it be less than one calendar year from either the prior parole docket date or the date of the panel decision if the prior parole docket date has passed; or

(3) vote CU/Fl Month/Year Cause No., designate the date on which the prisoner would have been eligible for release on parole if the prisoner had been sentenced to serve a single sentence. This date shall be within a three year incarceration period following either the prior parole docket date or date of the panel decision if the prior parole docket date has passed.

(d) If the case under parole consideration is the last and final in a series of consecutive felony sentencing cases, the case shall be reviewed in accordance with 37 TAC 145.12 of this title (relating to action upon review,).

(e) When a parole panel reviews for parole consideration a consecutive felony sentencing case, the parole panel shall indicate the Cause No. of the consecutive felony sentencing case it is considering.

The provisions of this §145.13 adopted to be effective June 30, 1997, 22 TexReg 5843.

§145.14. Action Upon Review; Release to Mandatory Supervision

(a) This section applies only to a prisoner eligible for release to mandatory supervision if the sentence is for an offense committed on or after September 1, 1996.

(b) A parole panel shall consider the prisoner for release to mandatory supervision if release of the prisoner may occur because the prisoner will reach a mandatory supervision date as determined by TDCJ.

(c) Upon considering a case for release to mandatory supervision a parole panel may:

(1) defer for request and receipt of further information;

(2) vote DMS Month/Year, deny release to mandatory supervision and set for review on a future specific month and year (set-off). The next mandatory supervision review docket date (Month/Year) shall be set one year from either the prior parole docket date or the date of the panel decision if the prior parole docket date has passed; or,

(3) vote RMS, release to mandatory supervision when TDCJ determines that the prisoner has reached a mandatory supervision date.

(d) Subsection (c) of this section applies to all subsequent reconsiderations for release to mandatory supervision.

The provisions of this §145.14 adopted to be effective June 30, 1997, 22 TexReg 5843.

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