PART 5. TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 146. REVOCATION OF PAROLE OR MANDATORY SUPERVISION
The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 146, Revocation of Parole or Mandatory Supervision, §146.6 and §146.8. The rules are adopted with changes to the proposed text as published in the August 11, 2023, issue of the Texas Register (46 TexReg 4383). The changes were made to accurately denote the revisions made by the 88th Legislature in SB 374 to Government Code, Section 508.282(a). The rules will be republished.
The amendments are adopted to reflect the changes made by the 88th Legislature in SB 374 to Government Code, Section 508.282(a) regarding the time for the parole panel, board designee, or department to dispose of the charges against an inmate or person described by Government Code, Section 508.281(a), and to also provide edits for uniformity and consistency throughout the rules.
No public comments were received regarding adoption of these amendments.
The amended rules are adopted under Texas Government Code Sections 508.036(b), 508.0441(a)(5), 508.045(c), 508.281, 508.2811, and 508.283. Section 508.036(b) requires the Board to adopt rules relating to the decision-making processes used by the Board and parole panels. Section 508.0441(a)(5) vests the Board with the authority to determine the continuation, modification, and revocation of parole or mandatory supervision. Section 508.045(c) provides parole panels with the authority to conduct parole revocation and mandatory supervision revocation hearings; and to grant, deny, or revoke parole or mandatory supervision. Sections 508.281 and 508.2811 relate to hearings to determine violations of the releasee’s parole or mandatory supervision. Sections 508.282 and 508.283 concern deadlines and sanctions for parole revocation and mandatory supervision revocation hearings.
§146.6.Scheduling of Preliminary Hearing.
(a) Upon request, the Board or the Board's scheduling staff shall schedule a preliminary hearing unless:
(1) more than fourteen calendar days have elapsed from the time the warrant is executed; or
(2) information has not been presented to the Board or the Board's scheduling staff that the releasee was served with the following:
(A) notice of the right to a preliminary hearing and that its purpose is to determine whether there is probable cause or reasonable belief to believe the releasee has committed a parole violation;
(B) written notice of the allegations of parole violation against the releasee;
(C) notice of the right to full disclosure of the evidence;
(D) notice that releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;
(E) notice that the releasee has the right to confront and cross-examine adverse witnesses unless the Hearing Officer specifically finds good cause for not allowing confrontation of the witness;
(F) notice that the case will be heard by a parole panel or designee of the Board;
(G) notice that the releasee has the opportunity to waive in writing the right to either or both of the preliminary and revocation hearings, with the additional understanding that, if the releasee waives the revocation hearing, the Board will in all probability revoke; and
(H) notice that the releasee has the right to retain an attorney and the conditional right to an appointed attorney.
(b) For the purposes of subsection (a)(1) of this section, a warrant is executed if:
(1) the releasee is arrested only on a charge that the releasee has committed a violation of a condition of parole or mandatory supervision and is not charged before the 91st day with the commission of an offense; or
(2) the sheriff having custody of the releasee notifies the division that the releasee has discharged the sentence or that the prosecutor has dismissed the charge under Article 32.02, Code of Criminal Procedure.
(c) If the Board or the Board's scheduling staff receives a request for a preliminary hearing later than the fourteenth calendar day following the provisions described in subsection (a)(1) of this section, the Board or the Board's scheduling staff shall require the requestor to provide an explanation of the delay.
§146.8.Scheduling of Revocation Hearings.
(a) Upon request, the Board or the Board's scheduling staff shall schedule a revocation hearing unless information has not been presented to the Board or the Board's scheduling staff that the releasee was served with the following:
(1) notice of the right to a revocation hearing and that its purpose is to make a final evaluation of any contested relevant facts and consideration of whether the facts as determined warrant revocation of parole;
(2) written notice of the allegations of parole violation against the releasee;
(3) notice of the right to full disclosure of the evidence against the releasee;
(4) notice that releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;
(5) notice that the releasee has the right to confront and cross-examine adverse witnesses unless the Hearing Officer specifically finds good cause for not allowing confrontation of the witness;
(6) notice that releasee has an opportunity to be heard and to show that he did not violate the conditions, or if the releasee did, that circumstances in mitigation suggest that the violation does not warrant revocation;
(7) notice that the case will be heard by a parole panel or designee of the Board;
(8) notice that the releasee has the opportunity to waive in writing the right to either or both of the preliminary and revocation hearings, with the additional understanding that, if the releasee waives the revocation hearing, the Board will in all probability revoke; and
(9) notice that the releasee has the right to retain an attorney and the conditional right to an appointed attorney.
(b) If the releasee is not entitled to a preliminary hearing and requests a revocation hearing, the Board or the Board's scheduling staff shall schedule a revocation hearing unless:
(1) more than fourteen calendar days have elapsed from the time that the warrant is executed; or
(2) information has not been presented to the Board or the Board's scheduling staff that the releasee was served with the following:
(A) notice of the right to a revocation hearing and that its purpose is to make a final evaluation of any contested relevant facts and consideration of whether the facts as determined warrant revocation of parole;
(B) written notice of the claimed allegations of parole violation against the releasee;
(C) notice of the right to full disclosure of the evidence;
(D) notice that releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;
(E) notice that the releasee has the right to confront and cross-examine adverse witnesses unless the Hearing Officer specifically finds good cause for not allowing confrontation of the witness;
(F) notice that releasee has an opportunity to be heard and to show that he did not violate the conditions, or if the releasee did, that circumstances in mitigation suggest that the violation does not warrant revocation;
(G) notice that the case will be heard by a parole panel or designee of the Board;
(H) notice that the releasee has the opportunity to waive in writing the right to either or both of the preliminary and revocation hearings, with the additional understanding that, if the releasee waives the revocation hearing, the Board will in all probability revoke; and
(I) notice that the releasee has the right to retain an attorney and the conditional right to an appointed attorney.
(c) If the Board or the Board's scheduling staff receives a request for a revocation hearing later than the fourteenth calendar day following the provisions described in subsection (b)(1) of this section, the Board or the Board's scheduling staff shall require the requestor to provide an explanation of the delay.
(d) For the purposes of subsection (b)(1) of this section, a warrant is executed if:
(1) the releasee is arrested only on a charge that the releasee has committed a violation of a condition of parole or mandatory supervision and is not charged before the 91st day with the commission of an offense; or
(2) the sheriff having custody of the releasee notifies the division that the releasee has discharged the sentence or that the prosecutor has dismissed the charge under Article 32.02, Code of Criminal Procedure.
(e) In cases under subsection (d) of this section, a revocation hearing shall be held within a reasonable time.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 19, 2023.
TRD-202303887
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: November 8, 2023
Proposal publication date: August 11, 2023
For further information, please call: (512) 406-5478