SECTION 146.12. Procedure after Motion to Reopen is Granted; Time; Rights of the Releasee; Final Disposition

(a) When the parole panel disposes of a releasee's motion to reopen under §146.11 of this title (relating to Releasee's Motion to Reopen Hearing or Reinstate Supervision) by granting said motion to reopen the hearing, the case shall be disposed of or referred to a parole panel or designee of the Board for final disposition in accordance with this section and the previous disposition of the case made by the parole panel under §146.10 of this title (relating to Final Board Disposition) shall be set aside and shall be of no force and effect.

(b) The purpose of the further proceedings before the parole panel or designee of the Board under this section shall be as specified by the parole panel in its order granting the releasee's motion to reopen pursuant to §146.11(d)(1) of this title.

(c) When the parole panel or designee of the Board convenes the reopening of the hearing, it shall have before it the entire record previously compiled in the case, including:

(1) the record, report, and recommendation of the preliminary hearing under §146.7 of this title (relating to Preliminary Hearing) or revocation hearing under §146.9 of this title (relating to Revocation Hearing) collected or prepared by the designee of the Board originally assigned to the case;

(2) any amendments, supplements, or modifications of the record, report, or recommendation as developed through prior reopenings of the case;

(3) the releasee's motion to reopen the hearing pursuant to §146.11 of this title; and

(4) any transmittal submitted to the parole panel with recommendation from Board staff. Any transmittal submitted to the parole panel by the General Counsel constitutes legal advice which is confidential under law, and shall not be released to the public as part of the hearing packet.

(d) At the conclusion of the proceedings before the parole panel or designee of the Board, or within a reasonable time thereafter, the parole panel shall make final disposition of the case by taking one of the following actions in any manner warranted by the evidence:

(1) continue the revocation action;

(2) rescind the revocation action and reinstate supervision, under the previous or modified conditions;

(3) rescind the revocation action and reinstate supervision, imposing confinement in an ISF or SAFP;

(4) if the releasee received a conditional pardon, recommend to the Governor that the revocation action be continued, modified, or rescinded.

Source Note: The provisions of this §146.12 adopted to be effective June 19, 2002, 27 TexReg 5217; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 11, 2016, 41 TexReg 972