texas board of pardons and paroles texas board of pardons and paroles pact conference sam houston...

TEXAS BOARD OF TEXAS BOARD OF PARDONS AND PAROLESPARDONS AND PAROLES

PACT Conference

Sam Houston State University

Huntsville, Texas

March 24, 2012

Function of the Central Administration is to provide support to all agency operations and promote compliance with applicable legislation.

Staffing: 53 Employees

Texas Board of Pardons and ParolesPACT Conference

2 of 42Texas Board of Pardons and ParolesPACT Conference

Phone calls – Families, Victims, other agencies

Process all incoming mail, to include responding and placing support / protest information into the offender file.


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Process and maintain statistical information the reflects the activities of the board:

Cases Voted: Parole and DMS

Cases Approved / Denied

Interviews held

Revocation Hearings Held / Results

Travel


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Evaluate and process requests for Special Review that are received from an offender or his attorney. This process provides a mechanism for the board to consider a case prior to the next scheduled review, if specific criteria are met:

A. Information not previously available:

• Responses from trial officials or victims,

• A change in an offender’s sentence and judgment, or

• An allegation that the parole panel has committed an error of law or board rule

B. A parole panel denied release to parole or mandatory supervision and at least one of the members who voted with the majority on that panel desires to have the decision reconsidered.

C. If both members who voted with the majority are no longer active board members or commissioners, the presiding officer (chair) may place in Special Review.


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Responsible for scheduling Preliminary and Revocation hearings on offenders being held at a county jail or TDCJ Unit for alleged violations of Parole or Mandatory Supervision.

The Texas Department of Criminal Justice – Parole Division is responsible for initiating the hearing process by contacting our Central Office to schedule the appropriate hearing.

Fiscal Year 2011 – There were 18,300 hearings scheduled statewide.


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Receive and process all open records requests

Receive, record, and respond to all complaints from the public concerning Board polices, procedures, and rules

Does not include responding to complaints concerning individual parole determinations or clemency recommendations


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Coordinate and post all Board Meetings and Workshops

Publications: Annual Reports, Parole in Texas

Information Technology

Procurement

Training coordination for Board Members and Commissioners



Timothy McDonnell Board Administrator

[email protected](512) 406-5452

Central IPO Region

Huntsville

Northern IPO Region

Palestine

Western IPO Region

Gatesville

Southern IPO Region

Angleton

There are 206 Institutional Parole Officers (IPOs) assigned to 4 regions, covering 119 prison units and 254 counties.

Region Headquarters Satellite Offices

Northern Palestine Arlington, Mineral Wells

Southern Angleton BeevilleCentral Huntsville n/a

Western Gatesville Amarillo, Snyder


Following offender conviction, county commitment documents are forwarded to the Institutional Division for placement in TDCJ data systems.

Offender is identified as eligible for parole within six months of calculated parole eligibility (or set review date based on prior Parole Board action).

Parole Officer gathers pertinent data regarding offender (from offense reports, probation reports, parole revocation information, etc.).

Parole Officer interviews offender and completes detailed Case Summary outlining criminal, social, medical, psychological, and Institutional adjustment history; offender’s file is submitted to Parole Board for review.

Using Case Summary and related documents, Parole Board makes decision and sets appropriate special conditions.

If approved, release processing continues by developing a release plan and verifying completion of any required rehabilitative programming before physical release. The offender may be released on or after the parole eligibility date or date specified by the BPP.

If denied parole, offender is considered for parole in four months from the next scheduled review date, which is set by the Parole Board.

Interview offenders and compile comprehensive parole case summaries.

Identify victim information for referral to TDCJ-Victim Services.Complete sex offender risk assessments (STATIC 99).

Screen offenders for treatment program eligibility.Respond to inquiries from offender families, general public, victims, and law enforcement agencies.Release offenders from TDCJ facilities, contract facilities and jails.Deliver Status Letters to offenders.


A comprehensive document that details information regarding an offender’s:

• Demographics• Commitment Information• Offense details• Criminal History• Substance Abuse History• Physical/Mental Health Status• Social History• Employment History• Current Institutional Adjustment• Release Plans


FY11 Production:Initials: 41,468Subsequents: 36,170Parole-In-Absentia (PIA):

2,353Total: 79,991



Janice Willett Director of Institutional Parole Operations




Ron RobinsonRegion III Operations Supv

Michael BillingsDirector of Hearing Operations

Mike AdamsRegion I Operations Supv

Donna Graham-GreenRegion II Operations Supv

Timothy McDonnellBoard Administrator

Dallas9 Hearing Officers

3 Admin Assist

Arlington5 Hearing Officers

2 Admin Assist

Houston8 Hearing Officers

2 Admin AssistPt Arthur

3 Hearing Officers1 Admin AssistAngleton

2 Hearing Officers1 Admin Assist

Tyler4 Hearing Officers

1 Admin AssistHuntsville


Waco2 Hearing Officers

1 Admin Assist

San Antonio5 Hearing Officers

2 Admin AssistAustin


Corpus Christi2 Hearing Officers

1 Admin AssistHarlingen

1 Hearing Officer

Lubbock2 Hearing Officers

1 Admin AssistAbilene

1 Hearing Officer1 Admin Assist

Amarillo1 Hearing Officer

El Paso1 Hearing Officer

Odessa1 Hearing OfficerSan Angelo

1 Hearing OfficerWichita Falls1 Hearing Officer


Schedule Hearings

Review and act on attorney determination requests, including appointment of attorneys

Conduct preliminary and revocation hearings

Reviewing and Process hearing reports and waiver packets

Make recommendations for case disposition

Convene hearings for out-of-state cases being supervised in Texas

Provide process for reconsideration of a revocation decision


Under the 14th Amendment, Morrissey v. Brewer, 92 S.Ct. 2593 (1972) and Gagnon v. Scarpelli, 93 S.Ct. 1756 (1973) a parolee facing revocation is entitled to:

The releasee also has a limited right to counsel. Whether a releasee is entitled to counsel in every instance, is decided upon a case-by-case basis. Factors considered when determining whether a releasee is entitled to state appointed counsel include whether the releasee is indigent, whether the releasee lacks the ability to articulate or present a defense or mitigation evidence in response to the allegations; and the complexity of the case.

1. Written notice of the alleged violation(s).

2. A preliminary hearing to establish whether there is probable cause that the parolee violated the conditions of his parole.

3. Disclosure of the evidence against the parolee.

4. The opportunity to be heard, including the opportunity to present witnesses and documentary evidence.

5. The opportunity to confront and cross-examine witnesses (unless there is a specific finding of good cause to deny such confrontation).

6. A neutral and detached body to hear the evidence.

7. A written statement by the fact finders as to the evidence relied upon for any revocation decision.

Held at or near the place of the alleged offense

Purpose is to determine whether there is probable cause to believe a condition of release has been violated

Releasee may waive the hearing


Purpose is to determine whether there is a preponderance of the credible evidence to believe a condition of release has been violated

Releasee may waive the hearing


Continue supervision – reaffirm or modify existing Special Conditions

Intermediate Sanction Facility (ISF) / Substance Abuse Felony Punishment (SAFP)

Revoke


60 days from Board decision to submit a motion to reopen

Circumstances for granting a request:substantial error in the revocation

processnewly discovered information

The Board maygrant motion and re-order reopeningdeny motionReverse the previous revocation

decision24 of 42Texas Board of Pardons and Paroles

PACT Conference


Michael Billings Director of Hearing Operations


THE MISSION OF THE TEXAS BOARD OF PARDONS AND PAROLES is to perform its duties as imposed by Article IV, Section 11,

of the Texas Constitution and:

Determine which prisoners are to be released on parole or discretionary mandatory supervision;

Determine conditions of parole and mandatory supervision;

Determine revocation of parole and mandatory supervision; and

Recommend the resolution of clemency matters to the Governor.


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San Antonio Board Office1 - Board Member

2 - Parole Commissioners

Palestine Board Office1 - Board Member


Huntsville Board Office1 - Board Member


Angleton Board Office1 - Board Member


Amarillo Board Office1 - Board Member


GOVERNOR

PRESIDING OFFICER

Gatesville Board Office1 - Board Member

2 - Parole Commissioner

7 Board Members, 12 Parole Commissioners,and 6 Board Offices


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Members act in panels composed of three persons in matters of release on parole,

release to mandatory supervision, revocation actions, and determining

conditions of supervision. A majority vote (two consenting votes) determines the outcome. An exception to the three-

member panel is cases requiring a vote by board members only (i.e., SB 45 cases or

extraordinary votes).


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Parole is the discretionary release of offenders by a parole panel’s decision.

Mandatory Supervision (MS) 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). MS was abolished in August 1996 and replaced with Discretionary Mandatory Supervision (DMS); however, there are some offenders who entered prison prior to that time who are still eligible for MS release.

Discretionary Mandatory Supervision (DMS) is for non-violent offenders who offenses were committed on or after 9/1/96 and are eligible for mandatory supervision once actual time served and good time equals their length of sentence.

Discretionary release of inmates from prison by parole panel decision.

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; the Board is never obligated to grant parole.


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1. A case-pull list identifies offenders 6 months prior to initial parole eligibility date and subsequent parole review cases are identified 4 months prior to next review date.

2. Notice is sent to trial officials/victims/victims’ family.

3. IPO interviews offender - prepares parole case summary.

4. Offender’s file is sent to affected board office. A panel consists of 3 parole panel members

1st voting member reviews/votes case

Case transferred to 2nd voting member - reviews/votes case

2 similar votes = final vote on case

If the first two votes differ from each other, the 3rd voting member of the panel reviews the case and breaks the tie

There must be a majority of two votes for a vote to become final

5. Offender is notified of parole panel decision via correspondence.

6. Interviewing the offender is at the discretion of the parole panel member.

7. Granting interviews to individuals in support/ protest of an offender’s release is also at the parole panel member’s discretion.

8. Parole panel members must grant interview to victim upon request.


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Seriousness of offense/nature of offense

Criminal history

Length of time served/sentence length

Adjustment during previous period of supervision

Number of incarcerations/Institutional adjustment

Alcohol and/or drug involvement

Letters of support and/or protest

Other arrests

Age

CONSIDERED WHEN VOTING:


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Parole panel members do not just vote “yes” or “no.”They have a wide range of voting options:

FI-1: Release when eligibleFI-2: On a specified month/yearFI-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

FI-4: Transfer to a pre-parole transfer facility and release to parole on a specified date

FI-4R Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP)

FI-5: Release upon completion of the In-Prison Therapeutic Community Substance Abuse Prevention Program

FI-6 Transfer to a DWI Program. Release to continuum of care program as required

FI-6R: Transfer to a TDCJ rehabilitation program, then release to parole only after program completion and no earlier than 6 months from a specified date

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)

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

NR: Do not release, but set the next parole review month/year

SA: Require the offender to serve all his sentence


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PAROLE CONSIDERATIONSFY 2012 YTD


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SEP OCT NOV DEC J AN FEBFY 12 YTD

Cases Considered 7,094 6,899 5,904 5,801 6,044 6,434 38,176Releases 2,443 2,233 2,048 1,924 2,328 2,692 13,668

34.4

4%

32.3

7%

27.5

3%

33.1

7%

38.5

2%

41.8

4%

35.8

0%

0.00%

10.00%

20.00%

30.00%

40.00%

PAROLE CONSIDERATIONSFY 1999 - FY 2011


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FY 99 FY 00 FY 01 FY 02 FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 FY 10 FY 11Cases Considered 65,495 67,396 63,765 60,875 59,179 63,433 70,394 71,769 74,655 74,109 75,631 77,542 77,405FI Votes 11,925 15,140 16,210 15,246 16,207 19,363 19,482 18,968 22,279 22,925 23,002 24,125 24,092

18.2

1% 22.4

6%

25.4

2%

25.0

4% 27.3

9% 30.5

3%

27.6

8%

26.4

3% 29.8

4%

30.9

3%

30.4

1%

31.1

1%

31.1

2%

0.00%

10.00%

20.00%

30.00%

40.00%

DISCRETIONARY MANDATORY CONSIDERATIONSFY 2012 YTD


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SEP OCT NOV DEC J AN FEBFY 12YTD

Cases Considered 1,860 1,718 1,587 1,746 1,968 1,822 10,701Releases 1,029 946 865 966 1,156 1,171 6,133

55.3

2%

55.0

6%

54.5

1%

55.3

3%

55.0

7%

64.2

7%

57.3

1%

10%

20%

30%

40%

50%

60%

70%

DISCRETIONARY MANDATORY CONSIDERATIONSFY 2000 - FY 2011


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FY 00 FY 01 FY 02 FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 FY 10 FY 11

Cases Considered 11,872 14,581 15,577 18,014 18,478 13,765 17,025 18,131 17,808 18,554 18,911 20,878Releases 6,228 8,751 8,945 10,917 10,737 7,206 8,876 9,437 8,899 8,957 9,407 10,149

52.4

6%

60.0

2%

57.4

2%

60.6

0%

58.1

1%

52.3

5%

52.1

4%

52.0

5%

49.9

7%

48.2

8%

49.7

4%

48.6

1%

0.00%

10.00%

20.00%

30.00%

40.00%

50.00%

60.00%

70.00%

CUMULATIVE DECISIONS WITH REVOCATION TYPEFY 2012 YTD thru FEBRUARY


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CUMULATIVE DECISIONS WITH REVOCATION TYPEFY 2011


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EXECUTIVE CLEMENCY ACTIVITYFY 2012 thru FEBRUARY


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Commutation of Sentence

24 0 0 0Commutation of Sentence

6 0 5

Conditional Pardon 23 7 0 8Reprieve of Execution

4 0 4

Emergency Medical Reprieve

12 3 0 4 Conditional Pardon 0 0 0

Family Medical Reprieve

9 1 1 1TOTAL CAPITAL CASE ACTIONS

10 0 9

Full Pardon 199 70 15 66

Pardon for Innocence

16 1 1 0

Restoration of Civil Rights

2 0 0 0

Restoration of Driver’s License

1 0 0 0

Restoration of Firearm Rights

5 7 0 8

TOTAL NON- CAPITAL CASE ACTIONS

291 89 17 87 6 0 5

NON-CAPITAL CASESBY CLEMENCY TYPE

CLEMENCY ACTIONS - CAPITAL CASESTOTAL NUMBER OF REQUESTS BY CLEMENCY TYPE

CASES RECOMMENDED

CASES RECEIVED

CLEMENCY TYPECLEMENCY NOT RECOMMENDED

APPLICATION RECEIVED

SENT TO THE BOARD

CLEMENCY RECOMMENDED

CLEMENCY TYPECASES NOT

RECOMMENDED

CLEMENCY ACTIONS - CAPITAL CASESBY APPLICATIONS

APPLICATIONS RECEIVED


CLEMENCY NOT RECOMMENDED

Please Note: All applications are not referred to the board due to the applicant’s failure to submit all required documents.

EXECUTIVE CLEMENCY ACTIVITYFY 2011


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Commutation of Sentence

94 1 1 2Commutation of Sentence

16 0 12

Conditional Pardon 40 6 0 2Reprieve of Execution

12 0 9

Emergency Medical Reprieve

31 7 1 6 Conditional Pardon 0 0 0

Family Medical Reprieve

21 4 0 2TOTAL CAPITAL CASE ACTIONS

28 0 21

Full Pardon 332 190 36 169

Pardon for Innocence

20 0 0 0

Restoration of Civil Rights

1 0 1 0

Restoration of Driver’s License

2 0 0 0

Restoration of Firearm Rights

12 15 6 11

TOTAL NON- CAPITAL CASE ACTIONS

553 223 45 192 16 0 9

NON-CAPITAL CASESBY CLEMENCY TYPE

CLEMENCY ACTIONS - CAPITAL CASESTOTAL NUMBER OF REQUESTS BY CLEMENCY TYPE

CASES RECOMMENDED

CASES RECEIVED

CLEMENCY TYPECLEMENCY NOT RECOMMENDED

APPLICATION RECEIVED

SENT TO THE BOARD


CLEMENCY TYPECASES NOT

RECOMMENDED

CLEMENCY ACTIONS - CAPITAL CASESBY APPLICATIONS

APPLICATIONS RECEIVED


CLEMENCY NOT RECOMMENDED

Please Note: All applications are not referred to the board due to the applicant’s failure to submit all required documents.


Amarillo Board Office 5809 S. Western, Ste. 237

Amarillo, TX 79110 806-359-7656

James LaFavers Board Member

Marsha S. MoberleyParole Commissioner Charles A. ShipmanParole Commissioner

Angleton Board Office 1212 N. Velasco, Ste. 201

Angleton, TX 77515 979-849-3031

Conrith DavisBoard Member Lynn Ruzicka

Parole Commissioner Federico Rangel

Parole Commissioner

Gatesville Board Office 3408 S. State Hwy. 36 Gatesville, TX 76528

254-865-8870

David G. GutierrezBoard Member

Elvis Hightower Parole CommissionerTrenton Marshall

Parole Commissioner

Huntsville Board Office 1300 11th St., Ste. 520 Huntsville, TX 77342

936-291-2161

Thomas LeeperBoard Member

Roy (Tony) GarciaParole CommissionerPamela Freeman

Parole Commissioner

Palestine Board Office 133 E. Reagan Street Palestine, TX 75801

903-723-1068

Michelle SkyrmeBoard Member

Troy FoxParole Commissioner James Hensarling

Parole Commissioner

San Antonio Board Office 2902 N. E. Loop 410, Ste. 206

San Antonio, TX 78218 210-564-3721

Juanita GonzalezBoard Member James Kiel, Jr.

Parole Commissioner Charles Speier

Parole Commissioner

Texas Board ofPardons and Paroles

P.O. Box 13401, Capitol StationAustin, TX 78711

Website: http://www.tdcj.state.tx.us/bpp/

Email: [email protected]

texas board of pardons and paroles texas board of pardons and paroles pact conference sam houston...

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