CHAPTER 508. PAROLE AND MANDATORY SUPERVISION

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE G. CORRECTIONS

CHAPTER 508. PAROLE AND MANDATORY SUPERVISION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 508.001. DEFINITIONS. In this chapter:

(1) "Board" means the Board of Pardons and Paroles.

(2) "Community supervision and corrections department" means a

department established under Chapter 76.

(3) "Director" means the director of the pardons and paroles

division.

(4) "Division" means the pardons and paroles division.

(5) "Mandatory supervision" means the release of an eligible

inmate sentenced to the institutional division so that the inmate

may serve the remainder of the inmate's sentence not on parole

but under the supervision of the pardons and paroles division.

(6) "Parole" means the discretionary and conditional release of

an eligible inmate sentenced to the institutional division so

that the inmate may serve the remainder of the inmate's sentence

under the supervision of the pardons and paroles division.

(7) "Parole officer" means a person appointed by the director

and assigned the duties of assessment of risks and needs,

investigation, case management, and supervision of releasees to

ensure that releasees are complying with the conditions of parole

or mandatory supervision.

(8) "Parole commissioner" means a person employed by the board

to perform the duties described by Section 508.0441.

(9) "Releasee" means a person released on parole or to mandatory

supervision.

(10) "Presiding officer" means the presiding officer of the

Board of Pardons and Paroles.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.01, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.02,

eff. Jan. 11, 2004.

Sec. 508.002. CLEMENCY, COMMUTATION DISTINGUISHED. Neither

parole nor mandatory supervision is a commutation of sentence or

any other form of clemency.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.003. INAPPLICABLE TO JUVENILES AND CERTAIN INMATES.

(a) This chapter does not apply to an emergency absence under

escort granted to an inmate by the institutional division under

Section 501.006.

(b) Except as provided by Subsection (c), this chapter does not

apply to release on parole from an institution for juveniles.

(c) The provisions of this chapter not in conflict with Section

508.156 apply to parole of a person from the Texas Youth

Commission under that section.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

SUBCHAPTER B. BOARD OF PARDONS AND PAROLES

Sec. 508.031. COMPOSITION OF BOARD. (a) The board consists of

seven members appointed by the governor with the advice and

consent of the senate.

(b) Appointments to the board must be made without regard to the

race, color, disability, sex, religion, age, or national origin

of the appointed members.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 554, Sec. 1, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.03,

eff. Jan. 11, 2004.

Sec. 508.032. REQUIREMENTS FOR MEMBERSHIP. (a) Board members

must be representative of the general public.

(b) A member must have resided in this state for the two years

before appointment.

(c)(1) A person who is a former employee of the department may

not serve on the board before the second anniversary of the date

the person terminated employment with the department.

(2) A person who is employed by the department on August 1,

2003, may not serve on the board before August 1, 2005.

(d) At any time not more than three members of the board may be

former employees of the department.

(e) For purposes of Subsections (c) and (d), previous service as

a board member is not considered to be employment with the

department.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.

11.04, eff. Jan. 11, 2004.

Sec. 508.033. DISQUALIFICATIONS. (a) A person is not eligible

for appointment as a member of the board or for employment as a

parole commissioner if the person or the person's spouse:

(1) is employed by or participates in the management of a

business entity or other organization receiving funds from the

department or the board;

(2) owns or controls, directly or indirectly, more than a

10-percent interest in a business entity or other organization:

(A) regulated by the department; or

(B) receiving funds from the department or the board; or

(3) uses or receives a substantial amount of tangible goods,

services, or funds from the department or the board, other than

compensation or reimbursement authorized by law for board

membership, attendance, or expenses.

(b) In determining eligibility under Subsection (a)(3), the

compensation or reimbursement that a board member's spouse or

parole commissioner's spouse receives as an employee of the board

or the department may not be considered. This subsection does

not affect any restriction on employment or board membership

imposed by any other law.

(c) A person may not serve as a parole commissioner, may not be

a member of the board, and may not be an employee of the division

or the board employed in a "bona fide executive, administrative,

or professional capacity," as that phrase is used for purposes of

establishing an exemption to the overtime provisions of the

federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201

et seq.) and its subsequent amendments, if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of criminal justice; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of criminal

justice.

(d) A person who is required to register as a lobbyist under

Chapter 305 because of the person's activities for compensation

in or on behalf of a profession related to the operation of the

board may not:

(1) serve as a member of the board or as a parole commissioner;

or

(2) act as the general counsel to the board or division.

(e) In this section, "Texas trade association" means a

cooperative and voluntarily joined association of business or

professional competitors in this state designed to assist its

members and its industry or profession in:

(1) dealing with mutual business or professional problems; and

(2) promoting their common interests.

(f) A person who is a current or former employee of the

department may not serve as a parole commissioner before the

second anniversary of the date the person's employment with the

department ceases, and a member of the board may not serve as a

parole commissioner before the second anniversary of the date the

person's membership on the board ceases.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.04, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 554, Sec. 2, eff. Sept.

1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 33, eff. June 15, 2007.

Sec. 508.034. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the board that a member:

(1) does not have at the time of taking office the qualification

required by Section 508.032(b) for appointment to the board;

(2) is ineligible for membership under Section 508.033;

(3) is unable to discharge the member's duties for a substantial

part of the term for which the member is appointed because of

illness or disability; or

(4) is absent from more than half of the regularly scheduled

board or panel meetings that the member is eligible to attend

during each calendar year.

(b) The board administrator or the board administrator's

designee shall provide to members of the board and to employees,

as often as necessary, information regarding their qualification

for office or employment under this chapter and their

responsibilities under applicable laws relating to standards of

conduct for state officers or employees.

(c) The validity of an action of the board or panel is not

affected by the fact that the action is taken when a ground for

removal of a board member exists.

(d) If the general counsel to the board has knowledge that a

potential ground for removal exists, the general counsel shall

notify the presiding officer of the board of the potential

ground. The presiding officer shall notify the governor and the

attorney general that a potential ground for removal exists. If

the potential ground for removal involves the presiding officer,

the general counsel to the board shall notify the governor and

the attorney general that a potential ground for removal exists.

(e) It is a ground for removal from the board that a member

fails to comply with policies or rules adopted by the board.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.05, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 554, Sec. 3, eff. Sept.

1, 1999; Acts 2001, 77th Leg., ch. 856, Sec. 1, eff. Sept. 1,

2001; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.05, eff.

Jan. 11, 2004.

Sec. 508.035. PRESIDING OFFICER. (a) The governor shall

designate one member to serve as presiding officer of the board.

(b) The presiding officer serves in that capacity at the

pleasure of the governor.

(c) The presiding officer reports directly to the governor and

serves as the administrative head of the board.

(d) The presiding officer may:

(1) delegate responsibilities and authority to other members of

the board, parole commissioners, or to employees of the board;

(2) appoint advisory committees from the membership of the board

or from parole commissioners to further the efficient

administration of board business; and

(3) establish policies and procedures to further the efficient

administration of the business of the board.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 856, Sec. 2, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.06,

eff. Jan. 11, 2004.

Sec. 508.036. GENERAL ADMINISTRATIVE DUTIES. (a) The

presiding officer shall:

(1) develop and implement policies that clearly separate the

policy-making responsibilities of the board and the management

responsibilities of the board administrator, parole

commissioners, and the staff of the board;

(2) establish caseloads and required work hours for members of

the board and parole commissioners;

(3) update parole guidelines, assign precedential value to

previous decisions of the board relating to the granting of

parole and the revocation of parole or mandatory supervision, and

develop policies to ensure that members of the board and parole

commissioners use guidelines and previous decisions of the board

and parole commissioners in making decisions under this chapter;

(4) require members of the board and parole commissioners to

file activity reports that provide information on release

decisions made by members of the board and parole commissioners,

the workload and hours worked of the members of the board and

parole commissioners, and the use of parole guidelines by members

of the board and parole commissioners; and

(5) report at least annually to the governor and the legislature

on the activities of the board and parole commissioners, parole

release decisions, and the use of parole guidelines by the board

and parole commissioners.

(b) The board shall:

(1) adopt rules relating to the decision-making processes used

by the board and parole panels;

(2) prepare information of public interest describing the

functions of the board and make the information available to the

public and appropriate state agencies;

(3) comply with federal and state laws related to program and

facility accessibility;

(4) prepare annually a complete and detailed written report that

meets the reporting requirements applicable to financial

reporting provided in the General Appropriations Act and accounts

for all funds received and disbursed by the board during the

preceding fiscal year; and

(5) develop and implement policies that provide the public with

a reasonable opportunity to appear before the board and to speak

on any issue under the jurisdiction of the board, with the

exception of an individual parole determination or clemency

recommendation.

(c) The board administrator shall prepare and maintain a written

plan that describes how a person who does not speak English can

be provided reasonable access to the board's programs and

services.

(d) The board, in performing its duties, is subject to the open

meetings law, Chapter 551, and the administrative procedure law,

Chapter 2001. This subsection does not affect the provisions of

Section 2001.223 exempting hearings and interviews conducted by

the board or the division from Section 2001.038 and Subchapters

C-H, Chapter 2001.

(e) The board, in accordance with the rules and procedures of

the Legislative Budget Board, shall prepare, approve, and submit

a legislative appropriations request that is separate from the

legislative appropriations request for the department and is used

to develop the board's budget structure. The board shall

maintain the board's legislative appropriations request and

budget structure separately from those of the department.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.06, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 856, Sec. 3, eff. Sept.

1, 2001; Acts 2003, 78th Leg., ch. 1170, Sec. 31.01, eff. Sept.

1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.07, eff.

Jan. 11, 2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 34, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 35, eff. June 15, 2007.

Sec. 508.0362. TRAINING REQUIRED. (a)(1) A person who is

appointed to and qualifies for office as a member of the board

may not vote, deliberate, or be counted as a member in attendance

at a meeting of the board until the person completes at least one

course of a training program that complies with this section.

(2) A parole commissioner employed by the board may not vote or

deliberate on a matter described by Section 508.0441 until the

person completes at least one course of a training program that

complies with this section.

(b) A training program must provide information to the person

regarding:

(1) the enabling legislation that created the board;

(2) the programs operated by the board;

(3) the role and functions of the board and parole

commissioners;

(4) the rules of the board;

(5) the current budget for the board;

(6) the results of the most recent formal audit of the board;

(7) the requirements of the:

(A) open meetings law, Chapter 551;

(B) open records law, Chapter 552; and

(C) administrative procedure law, Chapter 2001;

(8) the requirements of the conflict of interest laws and other

laws relating to public officials; and

(9) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

(c) A person appointed to the board is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 10.08, eff. Sept. 1,

1999. Amended by Acts 1999, 76th Leg., ch. 554, Sec. 4, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.08,

eff. Jan. 11, 2004.

Sec. 508.037. TERMS; REMOVAL. (a) A board member holds office

for a term of six years.

(b) The terms of one-third of the members expire February 1 of

each odd-numbered year.

(c) The governor may remove a board member, other than a member

appointed by another governor, at any time and for any reason.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.038. VACANCIES. If a vacancy occurs, the governor

shall appoint in the same manner as other appointments are made a

person to serve the remainder of the unexpired term.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.039. COMPENSATION. A board member is paid the salary

the legislature determines in the General Appropriations Act.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.040. PERSONNEL. (a) The presiding officer is

responsible for the employment and supervision of:

(1) parole commissioners;

(2) a general counsel to the board;

(3) a board administrator to manage the day-to-day activities of

the board;

(4) hearing officers;

(5) personnel to assist in clemency and hearing matters; and

(6) secretarial or clerical personnel.

(b) The board administrator or the board administrator's

designee shall prepare and maintain a written policy statement

that implements a program of equal employment opportunity under

which all personnel decisions of the board are made without

regard to race, color, disability, sex, religion, age, or

national origin. The policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, training, and promotion of

personnel, that show the intent of the board to avoid the

unlawful employment practices described by Chapter 21, Labor

Code; and

(2) an analysis of the extent to which the composition of the

board's personnel is in accordance with state and federal law and

a description of reasonable methods to achieve compliance with

state and federal law.

(c) The policy statement must be updated annually, be reviewed

by the Commission on Human Rights for compliance with Subsection

(b)(1), and be filed with the governor's office.

(d) The board administrator or the board administrator's

designee shall develop an intra-agency career ladder program that

addresses opportunities for mobility and advancement for

employees within the board. The program shall require

intra-agency posting of all positions concurrently with any

public posting.

(e) The board administrator or the board administrator's

designee shall develop a system of annual performance evaluations

that are based on documented employee performance. All merit pay

for board employees must be based on the system established under

this subsection.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.09, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 554, Sec. 5, eff. Sept.

1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.09, eff.

Jan. 11, 2004.

Sec. 508.041. DESIGNEE TRAINING; HANDBOOK. (a) The board shall

develop and implement:

(1) a training program that each newly hired employee of the

board designated to conduct hearings under Section 508.281 must

complete before conducting a hearing without the assistance of a

board member or experienced parole commissioner or designee; and

(2) a training program to provide an annual update to designees

of the board on issues and procedures relating to the revocation

process.

(b) The board shall prepare and biennially update a procedural

manual to be used by designees of the board. The board shall

include in the manual:

(1) descriptions of decisions in previous hearings determined by

the board to have value as precedents for decisions in subsequent

hearings;

(2) laws and court decisions relevant to decision making in

hearings; and

(3) case studies useful in decision making in hearings.

(c) The board shall prepare and update as necessary a handbook

to be made available to participants in hearings under Section

508.281, such as defense attorneys, persons released on parole or

mandatory supervision, and witnesses. The handbook must describe

in plain language the procedures used in a hearing under Section

508.281.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.10, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.10,

eff. Jan. 11, 2004.

Sec. 508.042. TRAINING PROGRAM FOR MEMBERS AND PAROLE

COMMISSIONERS. (a) The board shall develop for board members

and parole commissioners a comprehensive training and education

program on the criminal justice system, with special emphasis on

the parole process.

(b)(1) A new member may not participate in a vote of the board or

a panel, deliberate, or be counted as a member in attendance at a

meeting of the board until the member completes the program.

(2) A new parole commissioner may not participate in a vote of a

panel until the commissioner completes the program. This

subdivision does not apply to a new parole commissioner who as a

board member completed the program.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.11, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 554, Sec. 6, eff. Sept.

1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.11, eff.

Jan. 11, 2004.

Sec. 508.043. GIFTS AND GRANTS. The board may apply for and

accept gifts or grants from any public or private source for use

in any lawful purpose of the board.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.044. POWERS AND DUTIES OF BOARD. A board member shall

give full time to the duties of the member's office, including

duties imposed on the board by the Texas Constitution and other

law.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.12 to

10.14, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 856, Sec. 4,

eff. Sept. 1, 2001; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.

11.12, eff. Jan. 11, 2004.

Sec. 508.0441. RELEASE AND REVOCATION DUTIES. (a) Board

members and parole commissioners shall determine:

(1) which inmates are to be released on parole or mandatory

supervision;

(2) conditions of parole or mandatory supervision, including

special conditions;

(3) the modification and withdrawal of conditions of parole or

mandatory supervision;

(4) which releasees may be released from supervision and

reporting; and

(5) the continuation, modification, and revocation of parole or

mandatory supervision.

(b) The board shall develop and implement a policy that clearly

defines circumstances under which a board member or parole

commissioner should disqualify himself or herself from voting on:

(1) a parole decision; or

(2) a decision to revoke parole or mandatory supervision.

(c) The board may adopt reasonable rules as proper or necessary

relating to:

(1) the eligibility of an inmate for release on parole or

release to mandatory supervision;

(2) the conduct of a parole or mandatory supervision hearing; or

(3) conditions to be imposed on a releasee.

(d) The presiding officer may provide a written plan for the

administrative review of actions taken by a parole panel by a

review panel.

(e) Board members and parole commissioners shall, at the

direction of the presiding officer, file activity reports on

duties performed under this chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.12 to

10.14, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 856, Sec. 4,

eff. Sept. 1, 2001. Redesignated from Government Code Sec.

508.044(b) to (f) and amended by Acts 2003, 78th Leg., 3rd C.S.,

ch. 3, Sec. 11.12, eff. Jan. 11, 2004.

Sec. 508.045. PAROLE PANELS. (a) Except as provided by Section

508.046, board members and parole commissioners shall act in

panels composed of three in matters of:

(1) release on parole;

(2) release to mandatory supervision; and

(3) revocation of parole or mandatory supervision.

(b) The presiding officer shall designate the composition of

each panel and shall designate panels composed of at least one

board member and any combination of board members and parole

commissioners.

(c) A parole panel may:

(1) grant, deny, or revoke parole;

(2) revoke mandatory supervision; and

(3) conduct parole revocation hearings and mandatory supervision

revocation hearings.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.

11.13, eff. Jan. 11, 2004.

Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on parole

an inmate who was convicted of an offense under Section 21.02,

21.11(a)(1), or 22.021, Penal Code, or who is required under

Section 508.145(c) to serve 35 calendar years before becoming

eligible for release on parole, all members of the board must

vote on the release on parole of the inmate, and at least

two-thirds of the members must vote in favor of the release on

parole. A member of the board may not vote on the release unless

the member first receives a copy of a written report from the

department on the probability that the inmate would commit an

offense after being released on parole.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

787, Sec. 3, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.38, eff. September 1, 2007.

Sec. 508.047. MEETINGS. (a) The members of the board shall

meet at least once in each quarter of the calendar year at a site

determined by the presiding officer.

(b) The members of the board are not required to meet as a body

to perform the members' duties in clemency matters.

(c) A majority of each parole panel constitutes a quorum for the

transaction of the panel's business. A panel's decision must be

by majority vote.

(d) The members of a parole panel are not required to meet as a

body to perform the members' duties, except to conduct a hearing

under Section 508.281.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.15, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.14,

eff. Jan. 11, 2004.

Sec. 508.048. SUBPOENAS. (a) A parole panel may issue a

subpoena requiring the attendance of a witness or the production

of any record, book, paper, or document the panel considers

necessary for investigation of the case of a person before the

panel.

(b) A member of the board may sign a subpoena and administer an

oath.

(c) A peace officer, parole officer, or community supervision

and corrections department officer may serve the subpoena in the

same manner as similar process in a court of record having

original jurisdiction of criminal actions is served.

(d) A person who testifies falsely, fails to appear when

subpoenaed, or fails or refuses to produce material under the

subpoena is subject to the same orders and penalties to which a

person taking those actions before a court is subject.

(e) On application of the board, a court of record having

original jurisdiction of criminal actions may compel the

attendance of a witness, the production of material, or the

giving of testimony before the board, by an attachment for

contempt or in the same manner as the court may otherwise compel

the production of evidence.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.0481. VICTIM'S RIGHT TO REPRESENTATION. (a) If a

victim, close relative of a deceased victim, or guardian of a

victim is required by a subpoena issued under Section 508.048 to

appear at a hearing, the victim, relative, or guardian is

entitled to representation by counsel at the hearing.

(b) This section does not require the state to provide

representation by counsel to a victim, close relative of a

deceased victim, or guardian of a victim.

(c) In this section, "victim," "close relative of a deceased

victim," and "guardian of a victim" have the meanings assigned by

Section 508.117.

Added by Acts 2001, 77th Leg., ch. 1034, Sec. 10, eff. Sept. 1,

2001.

Sec. 508.049. MISSION STATEMENT. (a) The board, after

consultation with the governor and the Texas Board of Criminal

Justice, shall adopt a mission statement that reflects the

responsibilities for the operation of the parole process that are

assigned to the board, the division, the department, or the Texas

Board of Criminal Justice.

(b) The board shall include in the mission statement a

description of specific locations at which the board intends to

conduct business related to the operation of the parole process.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.16, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.15,

eff. Jan. 11, 2004.

Sec. 508.050. REPORT TO GOVERNOR. (a) On request of the

governor, the board shall investigate a person being considered

by the governor for:

(1) pardon;

(2) commutation of sentence;

(3) reprieve;

(4) remission of fine; or

(5) forfeiture.

(b) The board shall report to the governor on its investigation

and make recommendations about the person to the governor.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.051. SUNSET PROVISION. The Board of Pardons and

Paroles is subject to review under Chapter 325 (Texas Sunset

Act), but is not abolished under that chapter. The board shall be

reviewed during the period in which the Texas Department of

Criminal Justice is reviewed.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.17, eff.

Sept. 1, 1999.

Sec. 508.052. COMPUTERS; OFFICE SPACE; OTHER EQUIPMENT. (a)

The department by interagency contract may provide to the board

necessary computer equipment and computer access to all

computerized records and physical access to all printed records

in the custody of the department that are related to the duties

and functions of the board.

(b) The department by interagency contract may provide to the

board necessary and appropriate:

(1) office space at locations designated by the presiding

officer of the board; and

(2) utilities and communications equipment.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.053. USE OF TECHNOLOGY. The board shall implement a

policy requiring the board to use appropriate technological

solutions to improve the board's ability to perform its

functions. The policy must ensure that the public is able to

interact with the board on the Internet.

Added by Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 36, eff. June 15, 2007.

Sec. 508.054. RECORDS OF COMPLAINTS. (a) The board shall

maintain a system to promptly and efficiently act on complaints

filed with the board. The board shall maintain information about

parties to the complaint, the subject matter of the complaint, a

summary of the results of the review or investigation of the

complaint, and its disposition.

(b) The board shall make information available describing its

procedures for complaint investigation and resolution.

(c) The board shall periodically notify the complaint parties of

the status of the complaint until final disposition.

(d) This section does not apply to a complaint about an

individual parole determination or clemency recommendation.

Added by Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 36, eff. June 15, 2007.

Sec. 508.055. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE

RESOLUTION. (a) The board shall develop and implement a policy

to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008 for the

adoption of board rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009 to assist in the resolution of internal disputes

under the board's jurisdiction.

(b) The board's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(c) The board shall designate a trained person to:

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the board.

Added by Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 36, eff. June 15, 2007.

SUBCHAPTER C. REPRESENTATION OF INMATES

Sec. 508.081. DEFINITIONS. In this subchapter:

(1) "Compensation" has the meaning assigned by Section 305.002.

(2) "Inmate" includes:

(A) an administrative releasee;

(B) an inmate imprisoned in the institutional division; and

(C) a person confined in a transfer facility or county jail

awaiting:

(i) transfer to the institutional division; or

(ii) a revocation hearing.

(3) "Represent" means to directly or indirectly contact in

person or by telephone, facsimile transmission, or correspondence

a member or employee of the board or an employee of the

department on behalf of an inmate.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.082. RULES. The board shall adopt rules relating to:

(1) the submission and presentation of information and arguments

to the board, a parole panel, and the department for and in

behalf of an inmate; and

(2) the time, place, and manner of contact between a person

representing an inmate and:

(A) a member of the board or a parole commissioner;

(B) an employee of the board; or

(C) an employee of the department.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.18, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.16,

eff. Jan. 11, 2004.

Sec. 508.083. ELIGIBILITY TO REPRESENT INMATES. (a) A person

who represents an inmate for compensation must:

(1) be an attorney licensed in this state; and

(2) register with the division.

(b) A person serving as a member or employee of the board or the

Texas Board of Criminal Justice may not, before the second

anniversary of the date the person ceases to be a board member or

employee:

(1) represent any person in a matter before the board or a

parole panel; or

(2) receive compensation for services rendered on behalf of any

person regarding a matter pending before the board or a parole

panel.

(c) A person, other than a person subject to Subsection (b), who

is employed by the department may not, before the second

anniversary of the date the person terminates service with the

department:

(1) represent an inmate in a matter before the board or a parole

panel; or

(2) receive compensation for services rendered on behalf of any

person regarding a matter pending before the board or a parole

panel.

(d) Repealed by Acts 2003, 78th Leg., ch 1007, Sec. 2.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 1007, Sec. 1, 2, eff.

Sept. 1, 2003.

Sec. 508.084. FEE AFFIDAVIT. (a) A person required to register

under Section 508.083, before the person first contacts a member

of the board, an employee of the board, or an employee of the

department on behalf of an inmate, shall file a fee affidavit

with the department in a form prescribed by the department for

each inmate the person represents for compensation.

(b) The fee affidavit must be written and verified and contain a

statement of:

(1) the registrant's full name and address;

(2) the registrant's normal business, business phone number, and

business address;

(3) the full name of any former member or employee of the board

or the Texas Board of Criminal Justice or any former employee of

the department with whom the registrant:

(A) is associated;

(B) has a relationship as an employer or employee; or

(C) maintains a contractual relationship to provide services;

(4) the full name and institutional identification number of the

inmate the registrant represents;

(5) the amount of compensation the registrant has received or

expects to receive in exchange for the representation; and

(6) the name of the person providing the compensation.

(c) If a registrant receives compensation in excess of the

amount reported on the fee affidavit, the registrant shall file

with the department, not later than the fifth day after the date

the registrant receives compensation in excess of the reported

amount, a supplemental fee affidavit in a form prescribed by the

department indicating the total amount of compensation received

for representing the inmate.

(d) For each fee affidavit and supplemental fee affidavit

received, the department shall:

(1) keep a copy of the affidavit in a central location; and

(2) not later than the third day after the date the affidavit is

filed, place a copy of the affidavit in the inmate's file that is

reviewed by a parole panel or the board.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.085. REPRESENTATION SUMMARY FORM. (a) A person

required to register under Section 508.083 shall, for each

calendar year in which the person represents an inmate, file a

representation summary form with the division on a form

prescribed by the division.

(b) The form must be filed not later than January 31 of the year

succeeding the year for which the report is filed and must

include a statement of:

(1) the registrant's full name and address;

(2) the registrant's normal business, business phone number, and

business address;

(3) the full name of any former member or employee of the board

or the Texas Board of Criminal Justice or any former employee of

the department with whom the registrant:

(A) is associated;

(B) has a relationship as an employer or employee; or

(C) maintains a contractual relationship to provide services;

(4) the full name and institutional identification number of

each inmate the registrant represented in the previous calendar

year; and

(5) the amount of compensation the registrant has received for

representing each inmate in the previous calendar year.

(c) A person who files a form under this section and for whom

the information required for the form has changed shall, not

later than the 10th day after the date the information changes,

file a supplemental statement with the division indicating the

change.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.086. CRIMINAL PENALTIES. (a) A former member or

employee of the board or the Texas Board of Criminal Justice or a

former employee of the department commits an offense if the

former member or employee violates Section 508.083(b), (c), or

(d).

(b) A person who represents an inmate for compensation commits

an offense if the person is not an attorney licensed in this

state.

(c) A person who is required to file an affidavit under Section

508.084(a) or (c) or a form or statement under Section 508.085

commits an offense if the person fails to file the affidavit,

form, or statement.

(d) An offense under Subsection (a) is a Class A misdemeanor. An

offense under Subsection (b) or (c) is a Class C misdemeanor.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

SUBCHAPTER D. PARDONS AND PAROLES DIVISION

Sec. 508.111. DIRECTOR. (a) The executive director shall hire

the director of the division.

(b) The director is responsible for the administration of the

division.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.112. DUTY OF DIVISION. The division is responsible for

the investigation and supervision of all releasees.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.113. PAROLE OFFICERS, SUPERVISORS: QUALIFICATIONS. (a)

This subsection and Subsection (b) apply only to a person

employed as a parole officer or supervisor on or before September

1, 1990. A person may not be employed as a parole officer or

supervisor, or be responsible for investigating or supervising a

releasee, unless the person has:

(1) four years of successfully completed education in an

accredited college or university;

(2) two years of full-time paid employment in responsible

correctional work with adults or juveniles or in a related field;

and

(3) any other qualifications that may be specified by the

director.

(b) Additional experience in a category described by Subsection

(a)(2) may be substituted year for year for the required college

education, with a maximum substitution of two years.

(c) The director shall establish qualifications for parole

officers and supervisors that are the same as qualifications for

community supervision and corrections department officers imposed

by Section 76.005. A person may not begin employment as a parole

officer or supervisor after September 1, 1990, unless the person

meets the qualifications established by the director.

(d) A person who is serving as a peace officer or as a

prosecuting attorney may not act as a parole officer or be

responsible for supervising a releasee.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.1131. SALARY CAREER LADDER FOR PAROLE OFFICERS. (a)

The executive director shall adopt a salary career ladder for

parole officers. The salary career ladder must base a parole

officer's salary on the officer's classification and years of

service with the department.

(b) For purposes of the salary schedule, the department shall

classify all parole officer positions as Parole Officer I, Parole

Officer II, Parole Officer III, Parole Officer IV, or Parole

Officer V.

(c) Under the salary career ladder adopted under Subsection (a),

a parole officer to whom the schedule applies and who received an

overall evaluation of at least satisfactory in the officer's most

recent annual evaluation is entitled to an annual salary

increase, during each of the officer's first 10 years of service

in a designated parole officer classification as described by

Subsection (b), equal to one-tenth of the difference between:

(1) the officer's current annual salary; and

(2) the minimum annual salary of a parole officer in the next

highest classification.

Added by Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 37, eff. June 15, 2007.

Sec. 508.114. PAROLE OFFICERS, SUPERVISORS: ADDITIONAL DUTIES.

(a) The judge of a court having original jurisdiction of

criminal actions may, with the approval of the director,

designate a parole officer or supervisor as a community

supervision and corrections department officer. The director must

give prior written approval for the payment of a proportional

part of the salary paid to the parole officer or supervisor in

compensation for service as a community supervision and

corrections department officer. The director shall periodically

report to the governor and the legislature the proportional

salary payments.

(b) A parole officer or supervisor, on request of the governor

or on order of the director, shall be responsible for supervising

an inmate placed on conditional pardon or granted an emergency

absence under escort.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.1141. SPECIALIZED TRAINING; GANG MEMBERS. The

department shall develop and provide specialized training for

parole officers supervising releasees previously identified by

the department as being members of prison gangs, criminal street

gangs, or security threat groups.

Added by Acts 1999, 76th Leg., ch. 490, Sec. 1, eff. Sept. 1,

1999.

Sec. 508.1142. PAROLE OFFICER MAXIMUM CASELOADS. (a) The

department shall adopt a policy that establishes guidelines for a

maximum caseload for each parole officer of:

(1) 60 active releasees, if the releasees are not in a

specialized program described by Subdivisions (2)-(6);

(2) 35 active releasees, if the releasees are in the special

needs offender program;

(3) 35 active releasees, if the releasees are in the therapeutic

community substance abuse aftercare treatment program;

(4) 24 active releasees, if the releasees are in the sex

offender program;

(5) 20 active releasees, if the releasees are electronically

monitored; and

(6) 11 active releasees, if the releasees are in the

super-intensive supervision program.

(b) If the department is unable to meet the maximum caseload

guidelines, the department shall submit a report to the

Legislative Budget Board, at the end of each fiscal year in which

the department fails to meet the guidelines, stating the amount

of money needed by the department to meet the guidelines.

Added by Acts 2007, 80th Leg., R.S., Ch.

1421, Sec. 1, eff. June 15, 2007.

Sec. 508.115. NOTIFICATION OF RELEASE OF INMATE. (a) Not later

than the 11th day before the date a parole panel orders the

release on parole of an inmate or not later than the 11th day

after the date the board recommends that the governor grant

executive clemency, the division shall notify the sheriffs, each

chief of police, the prosecuting attorneys, and the district

judges in the county in which the inmate was convicted and the

county to which the inmate is released that a parole panel is

considering release on parole or the governor is considering

clemency.

(b) In a case in which there was a change of venue, the division

shall notify the sheriff, the prosecuting attorney, and the

district judge in the county in which the prosecution was

originated if, not later than the 30th day after the date the

inmate was sentenced, those officials request in writing that the

division give the officials notice under this section of a

release of the inmate.

(c) Not later than the 10th day after the date a parole panel

orders the transfer of an inmate to a halfway house under this

chapter, the division shall give notice in accordance with

Subsection (d) to:

(1) the sheriff of the county in which the inmate was convicted;

(2) the sheriff of the county in which the halfway house is

located and each chief of police in the county; and

(3) the attorney who represents the state in the prosecution of

felonies in the county in which the halfway house is located.

(d) The notice must state:

(1) the inmate's name;

(2) the county in which the inmate was convicted; and

(3) the offense for which the inmate was convicted.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.19, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 856, Sec. 5, eff. Sept.

1, 2001.

Sec. 508.116. PAROLE INFORMATION PROGRAM. (a) The division

shall develop and implement a comprehensive program to inform

inmates, the inmates' families, and other interested parties

about the parole process.

(b) The division shall update the program annually.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.117. VICTIM NOTIFICATION. (a) Before a parole panel

considers for release on parole an inmate who is serving a

sentence for an offense in which a person was a victim, the

division, using the name and address provided on the victim

impact statement, shall make a reasonable effort to notify:

(1) the victim;

(2) if the victim has a guardian, the guardian; or

(3) if the victim is deceased, a close relative of the deceased

victim.

(b) A victim, guardian of a victim, or close relative of a

deceased victim who would have been entitled to notification of

parole consideration by the division but failed to provide a

victim impact statement containing the person's name and address

may file with the division a written request for notification.

After receiving the written request, the division shall grant to

the person all privileges, including notification under this

section, to which the person would have been entitled had the

person submitted a completed victim impact statement.

(c) If the notice is sent to a guardian or close relative of a

deceased victim, the notice must contain a request by the

division that the guardian or relative inform other persons

having an interest in the matter that the inmate is being

considered for release on parole.

(d) The failure of the division to comply with notice

requirements of this section is not a ground for revocation of

parole.

(e) Before an inmate is released from the institutional division

on parole or to mandatory supervision, the pardons and paroles

division shall give notice of the release to a person entitled to

notification of parole consideration for the inmate under

Subsection (a) or (b).

(f) Except as necessary to comply with this section, the board

or the department may not disclose to any person the name or

address of a person entitled to notice under this section unless:

(1) the person approves the disclosure; or

(2) a court determines that there is good cause for disclosure

and orders the board or the department to disclose the

information.

(g) In this section:

(1) "Close relative of a deceased victim" means a person who

was:

(A) the spouse of the victim at the time of the victim's death;

(B) a parent of the deceased victim;

(C) an adult brother, sister, or child of the deceased victim;

or

(D) the nearest relative of the deceased victim by

consanguinity, if the persons described by Paragraphs (A) through

(C) are deceased or are incapacitated due to physical or mental

illness or infirmity.

(2) "Guardian of a victim" means a person who is the legal

guardian of a victim, whether or not the legal relationship

between the guardian and the victim exists because of the age of

the victim or the physical or mental incompetency of the victim.

(2-a) "Sexual assault" includes an offense under Section 21.02,

Penal Code.

(3) "Victim" means a person who:

(A) is a victim of sexual assault, kidnapping, aggravated

robbery, or felony stalking; or

(B) has suffered bodily injury or death as the result of the

criminal conduct of another.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.39, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

826, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 38, eff. June 15, 2007.

Sec. 508.118. HALFWAY HOUSES. (a) The division, in conjunction

with the institutional division, shall use halfway houses to

divert from housing in regular units of the institutional

division suitable low-risk inmates and other inmates who would

benefit from a smoother transition from incarceration to

supervised release.

(b) Before transferring an inmate to a halfway house, the

division shall send to the director of the halfway house all

information relating to the inmate that the division determines

will aid the halfway house in helping the inmate make a

transition from the institutional division to supervised release.

(c) The division is responsible for supervising an inmate:

(1) for whom a presumptive parole date has been established; and

(2) who is transferred into a preparole residence in a halfway

house under Subchapter A, Chapter 499.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.119. COMMUNITY RESIDENTIAL FACILITIES. (a) The

purpose of a community residential facility is to provide

housing, supervision, counseling, personal, social, and work

adjustment training, and other programs to:

(1) releasees who are required by a parole panel as a condition

of release on parole or to mandatory supervision to serve a

period in a community residential facility; and

(2) releasees whose parole or mandatory supervision has been

continued or modified under Section 508.283 and on whom sanctions

have been imposed under that section.

(b) The division may establish and operate, or contract for the

operation of, community residential facilities.

(c) The division may contract with a public or private vendor

for the financing, construction, operation, or management of a

community residential facility using a lease-purchase or

installment sale contract to provide or supplement housing,

board, or supervision for releasees placed in a community

residential facility. A releasee housed or supervised in a

facility operated by a vendor under a contract is subject to the

same laws as if the housing or supervision were provided directly

by the division.

(d) Unless the division or a vendor proposing to operate a

community residential facility provides notice of a following

proposed action and a hearing on the issues in the same manner as

required under Section 509.010, the division may not:

(1) establish or contract for a community residential facility;

(2) change the use of a community residential facility;

(3) significantly increase the capacity of a community

residential facility; or

(4) increase the capacity of a community residential facility to

more than 500 residents, regardless of whether the increase is

significant.

(e) Subsection (d) applies to any residential facility that the

division establishes or contracts for under:

(1) this chapter;

(2) Subchapter C, Chapter 497; or

(3) Subchapter A, Chapter 499.

(f) The Texas Board of Criminal Justice shall adopt rules

necessary for the management of a community residential facility.

(g) The division may charge to a releasee housed in a community

residential facility a reasonable fee for the cost of housing,

board, and the part of the administrative costs of the facility

that is properly allocable to the releasee. The fee may not

exceed the actual costs to the division for services to that

releasee. The division may not deny placement in a community

residential facility to a releasee because the releasee is unable

to pay the fee.

(h) A parole panel or a designated agent of the division may

grant a limited release to a releasee placed in a community

residential facility to maintain or seek employment or

participation in an education or training course or to seek

housing after release from the facility.

(i) The notice required by Subsection (d) must clearly state

that the proposed action concerns a facility in which persons who

have been released from prison on parole or to mandatory

supervision are to be housed.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.20, eff.

Sept. 1, 1999.

SUBCHAPTER E. PAROLE AND MANDATORY SUPERVISION; RELEASE

PROCEDURES

Sec. 508.141. AUTHORITY TO CONSIDER AND ORDER RELEASE ON PAROLE.

(a) A parole panel may consider for release and release on

parole an inmate who:

(1) has been sentenced to a term of imprisonment in the

institutional division;

(2) is confined in a penal or correctional institution,

including a jail in this state, a federal correctional

institution, or a jail or a correctional institution in another

state; and

(3) is eligible for release on parole.

(b) A parole is issued only on the order of a parole panel.

(c) Before releasing an inmate on parole, a parole panel may

have the inmate appear before the panel and interview the inmate.

(d) A parole panel may release an inmate on parole during the

parole month established for the inmate if the panel determines

that the inmate's release will not increase the likelihood of

harm to the public.

(e) A parole panel may release an inmate on parole only when:

(1) arrangements have been made for the inmate's employment or

for the inmate's maintenance and care, which may include the

issuance of payment for the cost of temporary post-release

housing under Section 508.157; and

(2) the parole panel believes that the inmate is able and

willing to fulfill the obligations of a law-abiding citizen.

(f) A parole panel may order a parole only for the best interest

of society and not as an award of clemency.

(g) The board shall adopt a policy establishing the date on

which the board may reconsider for release an inmate who has

previously been denied release. The policy must require the board

to reconsider for release an inmate serving a sentence for an

offense listed in Section 508.149(a) during a month designated by

the parole panel that denied release. The designated month must

begin after the first anniversary of the date of the denial and

end before the fifth anniversary of the date of the denial. The

policy must require the board to reconsider for release an inmate

other than an inmate serving a sentence for an offense listed in

Section 508.149(a) as soon as practicable after the first

anniversary of the date of the denial.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 349, Sec. 1, eff. June

18, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 11.17, eff.

Jan. 11, 2004.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

944, Sec. 2, eff. June 19, 2009.

Sec. 508.142. PERIOD OF PAROLE. (a) The institutional division

shall provide the board with sentence time credit information for

each inmate who is eligible for release on parole.

(b) Good conduct time credit is computed for an inmate as if the

inmate were confined in the institutional division during the

entire time the inmate was actually confined.

(c) The period of parole is computed by subtracting from the

term for which the inmate was sentenced the calendar time served

on the sentence.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.143. LEGAL CUSTODY OF RELEASEE. (a) A releasee while

on parole is in the legal custody of the division.

(b) A releasee while on mandatory supervision is in the legal

custody of the state.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1,

1997.

Sec. 508.144. PAROLE GUIDELINES. (a) The board shall:

(1) develop according to an acceptable research method the

parole guidelines that are the basic criteria on which a parole

decision is made;

(2) base the guidelines on the seriousness of the offense and

the likelihood of a favorable parole outcome;

(3) ensure that the guidelines require consideration of an

inmate's progress in any programs in which the inmate

participated during the inmate's term of confinement; and

(4) implement the guidelines.

(b) If a board member or parole commissioner deviates from the

parole guidelines in voting on a parole decision, the member or

parole commissioner shall:

(1) produce a written statement describing in detail the

specific circumstances regarding the departure from the

guidelines;

(2) place a copy of the statement in the file of the inmate for

whom the parole decision was made; and

(3) provide a copy of the statement to the inmate.

(c) The board shall keep a copy of a statement made under

Subsection (b) in a central location.

(d) The board shall meet annually to review and discuss the

parole guidelines developed under Subsection (a). The board may

consult outside experts to assist with the review. The board