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Attorney Representation for Prisoners Reviewed by the Texas Board of Pardons and Paroles


The Law Office of Paul A. Hampel
1202 Hallmark #201 San Antonio, TX 78216, Office Phone: (210) 375-7526
Toll Free: 1-888-707-2765 (1-888-70-PAROLE), Email:
[email protected]


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Reasons for Result

PARA VISIÓN ESTA PÁGINA EN ESPAÑOL - CHASQUE AQUÍ

 

The Board of Pardons and Paroles has a number of reasons they can give for any decision they make or they can expressly state a reason by using the “Other” option. Please note when looking at the reasons provided by the Board that entire paragraphs are often stated when declaring reasons. As stated in the Parole Directive listed below one or more components indicated in each paragraph MAY apply, but ONLY ONE IS REQUIRED for approval or denial.

RULE §145.6 Notification of Parole Panel Decision
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 5 TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 145 PAROLE
SUBCHAPTER A PAROLE PROCESS
RULE §145.6 Notification of Parole Panel Decision

(a)An inmate considered for parole or mandatory supervision shall be notified of the parole panel's decision in writing.

(b) Consideration and notification of the parole panel's decision includes any cumulative, pre final consecutive sentence.

(c) Upon considering a case for parole or mandatory supervision, the parole panel shall make a record of its decision and the reasons for its decision on the minute sheet of the inmate's file.

(d) Reasons for the parole panel's decision include but are not limited to the following:

(1) criminal history;

(2) nature of offense;

(3) drug or alcohol involvement;

(4) institutional adjustment;

(5) adjustment during periods of supervision;

(6) participation in TDCJ ID proposed or specialized programs;

(7) time served;

(8) felony offense committed while incarcerated;

(9) discretionary mandatory supervision;

(10) other.

(e) Parole approval will be indicated by "A" and denial will be indicated by "D."

Parole Board Directive Regarding Voting Results
Texas Board of Pardons and Paroles directive for rule 145.6 Notification of a Parole Panel Decision

The following definitions shall apply to the enumerated reasons for the parole panel's decision enumerated in 37 TAC § 145.6(d)(1)-(10):

One or more components indicated in each paragraph listed below MAY apply, BUT ONLY ONE IS REQUIRED for approval (A) or denial (D).

1. CRIMINAL HISTORY

A     The record does not include a documented pattern of violent or assaultive arrests or convictions on the part of the inmate; criminal history appears to be primarily restricted to non-violent offenses; available information indicates only incarceration.

D     The record indicates that the inmate has repeatedly committed criminal episodes or has a pattern of similar offenses that indicates a predisposition to commit criminal acts upon release; or the record indicates that the inmate is a leader or active participant in gang or organized criminal activity; or the record indicates a juvenile or adult arrest for felony or misdemeanor offenses.

2. NATURE OF OFFENSE

A     The record indicates non-violent offenses; instant offense indicates no tendency toward violent/assaultive behavior; offense reveals limited potential for future assaultive type offenses.

D     The record indicates that the inmate committed one or more violent criminal acts indicating a conscious disregard for the lives, safety, or property of others; the instant offense or pattern of criminal activity has elements of brutality, violence, or conscious selection of victim’s vulnerability such that the inmate poses a continuing threat to public safety; the record indicates use of a weapon.

3. DRUG OR ALCOHOL INVOLVEMENT

A     The record indicates limited or non-involvement with drug sales or usage; the record indicates limited or non-involvement with alcohol consumption.

D     The record indicates excessive drug or alcohol involvement that includes possession, use or delivery in the instant offense or criminal history.

4. INSTITUTIONAL ADJUSTMENT

A     The record indicates that the inmate has maintained a satisfactory institutional adjustment; i.e., no major disciplinary cases, loss of time or demotion in classification since the previous review.

D     The record indicates that the inmate committed a major disciplinary offense during the preceding six months resulting in a loss of good conduct time or loss of status below that at which the inmate entered prison; a pattern of disciplinary infractions since the last review indicates a disregard for the rules.

5. ADJUSTMENT DURING PERIODS OF SUPERVISION

A     The record indicates successful periods of supervision on probation, parole, or mandatory supervision.

D     The record indicates unsuccessful periods of supervision on previous probation, parole, or mandatory supervision that resulted in incarceration, including parole-in-absentia.

6. PARTICIPATION IN TDCJ-ID PROPOSED OR SPECIALIZED PROGRAMS

A     The record indicates participation in and completion of TDCJ-ID proposed specialized programs; the inmate has completed one or more vocational academic programs that should enhance chances to obtain and maintain full-time stable employment.

D     The record indicates that the inmate refused to participate or intentionally failed to complete TDCJ-ID proposed program(s) made available to the inmate.

7. TIME SERVED

A     The record indicates that length of time served by the inmate is congruent with offense severity and criminal history.

D     The record indicates that length of time served by the inmate is not congruent with offense severity and criminal history.

8. FELONY OFFENSE

D     The record indicates that the inmate has been charged before a magistrate, indicted, or convicted by a court of competent jurisdiction, with a felony offense committed while incarcerated.

9. DISCRETIONARY MANDATORY SUPERVISION-For a vote not to release, it is necessary to vote both D1 and D2, along with any other reasons that may apply.

A     Release to Discretionary Mandatory Supervision

D1     The record indicates that the inmate’s accrued good conduct time is not an accurate reflection of the inmate’s potential for rehabilitation.

D2     The record indicates that the inmate’s release would endanger the public.

10. OTHER

A or D     Write and explanation




OTHER PAGES IN FREE PAROLE ADVICE SECTION

Rule 145.2 And Some of My Rule 145.2 Comments - TDCJ Regional Parole Board Offices And the Units They Vote - Bible Correspondence Courses Available at No Charge - Unit Interview Advice for Your Loved One - Texas Department of Criminal Justice Prison Names and Telephone Numbers - Texas Department of Criminal Justice Prison Directory - Texas County Jail Telephone Directory (A - Dallum) - Texas County Jail Telephone Directory (Dallas - Hardin) Texas County Jail Telephone Directory (Harris - McCulloch) Texas County Jail Telephone Directory (McLennan - Swisher) - Texas County Jail Telephone Directory (Tarrant - Zavala) - Result Possibilities - Reasons For Result - Set Off Rules Effective January 2004 Based On SB 917

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2003 by Paul A. Hampel, Attorney at Law. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement



Copyright © 2004 by Paul A. Hampel, Attorney at Law