SECTION 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 date (Month/Year) for an offender serving a sentence listed in Section 508.149(a), Government Code, or serving a sentence for second or third degree felony under Section 22.04, Penal Code may be set at any date after the first anniversary of the date of denial and end before the fifth anniversary of the date of denial, unless the inmate is serving a sentence for an offense under Section 22.021, Penal Code, or a life sentence for a capital felony, in which event the designated month must begin after the first anniversary of the date of the denial and end before the 10th anniversary of the date of the denial. The next review date for an offender serving a sentence not listed in Section 508.149(a), Government Code shall be as soon as practicable after the first anniversary of the denial;

(3) denied parole and ordered serve-all, but in no event shall this be utilized if the offender's projected release date is greater than five (5) years for offenders serving sentences listed in Section 508.149(a), Government Code, or serving a sentence for second or third degree felony under Section 22.04, Penal Code; or greater than one (1) year for offenders not serving sentences listed in Section 508.149(a), Government Code. 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 the totality of the circumstances favor the offender's release on parole, further investigation (FI) is ordered with the following available voting options; and, impose all conditions of parole or release to mandatory supervision that the parole panel is required or authorized by law to impose as a condition of parole or release to mandatory supervision;

(A) FI-1--Release the offender when eligible;

(B) FI-2 (Month/Year)--Release on a specified future date;

(C) FI-3 R (Month/Year)"--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than three (3) months from specified date. Such TDCJ program may include either CHANGES, Voyager, Pre-Release Center (PRC), or any other approved program;

(D) 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);

(E) FI-5--Transfer to TDCJ In-Prison Therapeutic Community Program (IPTC). Release to aftercare component only after completion of IPTC;

(F) FI-6--Transfer to a TDCJ DWI Program. Release to continuum of care program as required by paragraph (5) of this section;

(G) FI-6 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and no earlier than six (6) months from specified date. Such TDCJ program may include the Pre-Release Therapeutic Community (PRTC), Pre-Release Substance Abuse Program (PRSAP), or In-Prison Therapeutic Community Program, or any other approved program;

(H) FI-7 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than seven (7) months from the specified date. Such TDCJ program shall be the Serious and Violent Offender Reentry Initiative (SVORI);

(I) 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);

(J) FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than 18 months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-18);

(5) any person released to parole after completing a TDCJ rehabilitation program as a prerequisite for parole, must participate in and complete any required post-release program. A parole panel shall require as a condition of release on parole or release to mandatory supervision that an offender who immediately before release is a participant in the program established under Section 501.0931, Government Code, participate as a releasee in a drug or alcohol abuse continuum of care treatment program; or

(6) any offender receiving an FI vote, as listed in paragraph (4)(A) - (J) of this section, shall be placed in a program consistent with the vote. If treatment program managers recommend a different program for an offender, a transmittal shall be forwarded to the parole panel requesting approval to place the offender in a different program.

Source Note: 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; amended to be effective February 8, 1999, 24 TexReg 787; amended to be effective August 17, 1999, 24 TexReg 6314; amended to be effective September 26, 2002, 27 TexReg 8964; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective July 13, 2004, 29 TexReg 6733; amended to be effective November 14, 2004, 29 TexReg 10269; amended to be effective December 9, 2007, 32 TexReg 8853; amended to beeffective February 18, 2009, 34 TexReg 1096; amended to be effective February 24, 2010, 35 TexReg 1483; amended to be effective March 10, 2011, 36 TexReg 1681; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective October 27, 2013, 38 TexReg 7314; amended to be effective February 11, 2016, 41 TexReg 970; amended to be effective November 18, 2018, 43 TexReg 7466; amended to be effective May 18, 2023, 48 TexReg 2508