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

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.

(2) The Board will reconsider for release an offender, other than an offender serving a sentence for an offense listed in Section 508.149(a), Government Code as soon as practicable after the first anniversary of the date of denial.

(3) The Board will reconsider for release an offender who is serving a sentence for an offense under Section 508.149(a), Government Code or an offense punishable as a second or third degree felony under Section 22.04, Penal Code, after the first anniversary date of the denial and end before the fifth anniversary date of the denial, but in no event shall it be less than one (1) calendar year from the panel decision date.

(4) The Board will reconsider for release an offender who is serving a sentence for an offense under Section 22.021, Penal Code; or serving a life sentence for a capital felony, who is eligible for parole, after the first anniversary of the date of the denial and before the 10th anniversary of the date of denial.

(5) An offender will be considered for parole when eligible and when the offender meets the following criteria with regard to behavior during incarceration.

(A) Other than on initial parole eligibility, the offender 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 conduct time or reduction to a classification status below that assigned during that offender's initial entry into the TDCJ-CID.

(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 entry into the TDCJ-CID.

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

(D) A person who has been revoked and returned to custody for a violation of the conditions of release to parole or mandatory supervision will be considered for release to parole or mandatory supervision when eligible.

(E) An offender who is otherwise eligible for parole and who has charges pending alleging a felony offense committed while in the TDCJ, any facility under its supervision, or a facility under contract with the TDCJ, and for which a complaint has been filed with a magistrate of the State of Texas, will not be considered for release to parole.

(F) An offender who is otherwise eligible for release and meets the criteria for Medically Recommended Intensive Supervision (MRIS) as required by Section 508.146, Government Code may be considered for release on parole.

(6) Any consideration by a Board Member or Parole Commissioner of an offender's litigation activities when determining an offender's candidacy for parole is strictly prohibited. No offender 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 review, supervision or revocation process is a violation of Board policy. In the event parole is denied in violation of this section, the offender may pursue a remedy under the special review provisions of §145.17 of this title (relating to Action upon Special Review--Release Denied). In the event parole or mandatory supervision is revoked in violation of this section, the offender may pursue a remedy under the motion to reopen hearing provisions of §146.11 of this title (relating to Releasee's Motion to Reopen Hearing or Reinstate Supervision).

Source Note: The 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; amended to be effective February 8, 1999, 24 TexReg 787; amended to be effective November 14, 1999, 24 TexReg 9845; amended to be effective October 29, 2000, 25 TexReg 10568; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective August 10, 2006, 31 TexReg 6237; amended to be effective September 16, 2007, 32 TexReg 6159; amended to be effective February 24, 2010, 35 TexReg1482; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective August 10, 2014, 39 TexReg 5964; amended to be effective August 6, 2015, 40 TexReg 4905; amended to be effective November 18, 2018, 43 TexReg 7466; amended to be effective May 18, 2023, 48 TexReg 2508