Eddie Don Johnson v. Texas Department of Criminal Justice-Parole Division

Case Information

COURT OF APPERUS NUMBER: 03-15-00345-CU TRIAL COURT CASE NUMERIC D-1-6M-13-A6682

COURT OF APPERUS FOR THE THIRD DISRUET OF RULES

FILED September 18, 2015 Third Court of Appeals Jeffrey D. Kyle Clerk

EDDIE DON JOHNSON APPELAND V.

THE STATE OF TEXAS APPELLEE

SEP 182015 THIRD COURT OF APPERUS APPELLEE

TU THE HONORABLE JUSTICES OF THE THIRD COURT OF APPERUS, AUSTRU:

COMES HOW EDDIE DON JOHNSON, T.D.C.T-LO, M36NDS3 APPELLANE PROSE, PURSUANT TO TEXAS RULES OF COURT STATE RULE 38. REDUStTES OF DATEFS. RCQUISTICN SECTIONS 2001. THRU 184. DECLARATORY JUDGMENT CHIL ACTICN SEEKING DECLARATORY AND INJUNICIEN RELIEF: FROM RULES PLADHTFF-APPELANT ORIGINAL RESPONSE TO ANSWER, DEPENDANTS ADVISOXY TO THE COURT- PLADHTFF APPELANT BUTER TIME LUNIT PETITON- DELLARATION FOR ENTRY OF DEFRULT IN CONNECTING HIS APPERUS BRIEF COMPLAETS FILED AGAINST THE DEFENDANTS STATE OF TEXAS FROM RULES CHAPTER 14 FOR VIDLATIONS OF TEXAS COVERNMENT CODE SECTION 2001038. THRU 184. A COPY OF THE COMPLAINT AND SUMMON WAS SERUED TO THE DEFENDANTS. DEFENDANTS STATE OF TEXAS FILED AND ANSWER TO PLADHTEFF-APPELANT COMPLAINT AND SUMMON MODDW DEFENDANTS ORIGINAL ANSWER. JUNY DELANAD AND PLEA TO THE JURISDICTION TO PLADHTFF COMPLAINT PURSUANT TO RULE 92. TEXAS RULES OF CHIL PROCEDURE. PLADHTFF-APPELANT RESPOND TO DEFENDANTS PLEADINGE PURSUANT TO RULE 92. DEFENDANTS FILED DEFENDANTS ADVISOXY TO THE COURT. PLADHTEFF-APPELANT MODDW OUTER TIME LUNIT. PLADHTFF-APPELANT RESPOND NOTICE OF A SEKING FOR MAY 13,205. A HEARING FOR DEFENDANTS AMEND PLEA TO THE JURISDICTION. PLADHTEFF-APPELANT FILED MODDW DECLARATING FOR ENTRY OF DEFRULT PURSUANT RULE 55. FED. JUDICHL LUNI PROCEDURE AND RULES ON MAY 13,205. THE TRIAL JUBGE SIGNED ORDER THAT PLADHTEFF CLAINS BE DISLASSED WITH PROJUBILEE FOR CARE OF SUBJECT MATTER JURISDICTION. SEE: SUIT SEEKING DECLARATORY JUDGMENT PAGE 5. II STANDING PURSUANT TO TEXAS COVERNMENT CODE SECTION 2001.038. ONE SHOW APPLLARATIVE ACT BY AGONCY TO APPLY ITS RULE TO HEPA AND THAT APPLICATION OF SUCH RULE ADVOSSEY AFTER HES LEGAL RIGHTS OR PRINTLEGES, HE HAVE STANDING TO CHALLENGE APPLICABILITY OF RULE IN DECLARATORY JUDGMENT SUIT UNDER SECTION 12. OF THE ARTLELE REPERIED NOW SEE SECTION 2001.038. AND IT IS NOT REDUDED TO WART

WNTL RULE IS ATTEMPTED TO BE EXPORMED AGAINST HOM BEFORE HE MAY RESONt TO DECLAMATEN? DELIEF: SEE: STATE Dd IFINS U. DEFFE BACH 631 SWIZ 194 (API 3. DEII).

Clara DEPRIUE OF RIGHTS GUARINTEED BY THE FEDERAL CONSECTUATION (1) WIRDING FOL IMPEESEMENT (2) WELLEGEMT, OFFICIAL MEASONOMENT (3) DEIERARIE INGZPPEEMENT (4) EIGHT AMEND U.S.C. UIDLATION (5) UNLAWIFUL IMPEESEMENT DEPULUE OF PERCIDO LEGENT (6) $5^{\text{TH}}$ AMEND UIDLATION (4TH AMEND U.S.C. (7) FOR PHEN AND SUPPERING MONTAL AND EMOTIONAL STRESS (8) FORCE TWO INVOLUNTARY SENTITUDE (COMMON SHUARY LARGE) (9) DENTED I AMEND RIGHT TO ACESS TO COURT.

PLANETEFF-APPELLANT PRO BC (1) CONTYEND THAT HE HAS BERNOUS BEEN' DEPALUED OF HIS CULIL RIEHIS BY DLEFERDANT'S (1) STUANI JENKES, PHAGE DERMETAL (2) BANG LEUINGSTON, EXECUTIVE DIRECTOR T.O.C.I-ID (3), BRUNN COLLER, DEALY EXECUTIVE DERMETAL (4) WILLIAM STEPHEN, DERMETAL (5) RISSEL DURD, PRESIDENE CHRIVENAL, BFP.(6) EVA J. OLIPANT, HONTSWILLE PHAGE DFFICA (7) N. BAKUY, DISTITUTEDUAL PHAGE OFFICA HUWNSEILLE (8) J. MENCHA, UNIT SUPPERIOR (9) JACOUELINE CHEMMER, PHAGE DFFICEN, (10) KENTH WAKARA, PHAGE SUPPERIOR, (11) SHABEETYHA JOHNSON (11) LASHANDA TEGAN, CUPY IN SECLUITY (12) D. FANTHON CUPY IN SECLUITY (13) MUNILE SHITH, WAKARAUT DUNSON (14) CHAYTOR DFAGGLE, HENNDE DFFICA PHAGE (15) RIO DUEESEON, SUPPERIOR, PHAGE DFFICA (16) PRESIFEE JOSEPH WHEC, ATEMPTED ATHANES IN PHAGE (17) JUDY JOHNSON, WAKARAUT DUNSON (18) MORENW GUAMMERS DERSON BONDOED (19) CUSTODY LAMI CLASSTICATION (20) CENTRAL PHYLATING LEGENT (21) T.O.C.I-ID CLASSTICATION, ALL EMPIRMES OF T.O.C.I-ID DEEEMENN'S AUGUST 11, 2004. RULE 783. REQUIRATES OF PESTION (2) MAY THE PENNICFF WAS IN PESSESSION OF THE PHENSE OR EHYTIC IS SUCH PESSESSION (E) WHAT THE DEEEMENN' AFTERWARD UNLAWIGIIN ENERGY UPON AND DISPOSED HOM OF SUCH PHENISES. STAYING THE DATE AND WITTINGDS FROM HIM THE BSSESSIONS THOACOF.

Eddie don Johnson the Pertewher PhenIIFF-APPELLANT Wewild Be Is REFERED IS APPELLANT (1) CONTYEND THAT HE IS PESSENT BEEN' HELD WAKINGFOL IMMESENED BY BERAN COILER, DEELTY EXECUTIVE DERMETAL PHAGE AND RISSEL DURD, PESSESSON CHRIVENAL, PHAGE OF T.O.C.I-ID AF JAMES A. LYNAGON UNIT 10989 HUWY. 2051 FUW SEACEDON TEAMES 19735, WITHOUT JURISDICITON IN UIGLATION OF THE $5^{\text{TH}},8^{\text{TH}}$ AND ${14}^{\text{TH}}$ AMEND U.S.C.

2, PIMENTIFF-APPELLANT CONTYEND THERE IS WO DEATHWER OR PHENING CARMARA CHANGE TO JUSTIFY HIS IMPEESEMENT. HE HAS DISCHARED HIS CONCUREDENT SIXY (60) VER SENTERCES ON JANUARY 16, 2004, UNOCE THE (1916/18 AET) BY SERVICE THE LEGAL MAKEM OF TWENTY DHL (21) YEARS FOUR (4) MONTIS TWENTY DHC (11) DAYS EVERY DAY STATE LAW AND PERSON RULE RECOURE. PHANIIFF-APPELLANT IS BEANS HELD UNLAWIGI ANEAMENT HES WILL WHICH MEANS HE IS FARK IMPEESENED, AND THAT HIS NEW SERVICE IS IN UIGLATION OF THE $5^{\text{TH}}$ AND ${14}^{\text{TH}}$ AMEND U.S.C. BECHUSE

HE HAS BEEN DEPRIVED OF HIS LIGERITY AND PREEDON OUTTHOUI DUE PROCESS. THE NEW SENTENCE HAVE NOT BEEN ADJUDICATED IN A COURT OF LAW. SEE: U.S. COURT. AMENO $5^{\text{th}}$ AND ${14}^{\text{th}}$ , THE DUE PROCESS CLAUSE ARE DESIGNED TO PROTECT THE INDIVIDUAL AGAINST ARBIT RANE (GVERNMENT ACTIOA. SEE. WOLFF U.MEDONHELL 418 U.S. 534,558,1974 . 3. PLANITIFF-APPELLANT CONTENO THAT JAWHAWY IL. 1004, S.I.S.P. RELEASE DOES NOT APPLY TO LSTW LEGISLATIVE CHAPTER 315 ARTICLE 42.12 . CODE OF CRIMINAL PROCEDURE 3F (A)(Z) BECAUSE THAT PROVISION DID NOT AVENOIIE PUNISHMENT DTHER THAN BY JUDENHENT. THAT BECAUSE TIT LEGISLATURE CHAPTER 785. ARTICLE 5. SECTION SOI. ARTICLE 92.18. CODE OF CRIMINAL PROCEDURE SECTION. 23. ELECTRONIC MONITORING AND SECTION. 15. INTENSIVE SUPERVISIOM WAS NOT AMONG UNITLL MAY 18. 1489. AND THE GUIDELINES DO NOT AUTHORIZE PUNISHMENT OUTSIDE THE RANGE PROVIDED BY STATUTE, THE SUPERVISED SHOULD HAVE NOT BEEN IMPOSED I. S.I.S.P. WAS IMPOSED IN VIOLATION OF THE LAW. 2.52.9.P. WAS IMPOSED AS A RESULT OF AN INDORIET APPLICATION OF THE SENTENCING GUIDLLING. SEE. UNITED STATE CODE ANNOTATED TITLE 18. SECTON 3553. IMPOSITION OF SENTENCE (C) STATEMENT OF REASONS FOR IMPOSING A SENTENCE (E) LIMITED AUTHORITY TO IMPOSE A SENTENCE BELOW A STATUTOR! MINIMUM. PEDRAL RULE OF CRIMINAL PROCEDURE 32 (a)(1) ROUITES AT THE SENTENCING HEARING, THE COURT SHALL AFTERD THE COURSEI FOR THE DEPENDANT AND THE ATtORING FOR GEVERNMENT AN OPPORTUNITY TO COMMENT UPON DTHER MATTERS RELATING TO THE APPROPRIATE SENTENCE. 4. GENERALLY, HERASAY IS A TESTIMONY AS TO A STATEMENT MADE DUR OF COURT WHECH IS OFFERED FOR THE PUPOSC OF PROVIDEINE THE MURTH OF A STATEMENT. ALL PLANITIFF-APPELLANT ASK THIS APPLAS COURT TO PROVIDE U.A.C.9. TEXAS RULES OF CULI PROCEDURE 451, 453, 455 RELIEF SHOULD BE GENATED - DEPENDANT REASON OF DELAY REPOSE CONSIDUIING THE EXIDENIE RELEVANT TO ISSUE AT HAND, THE REDUCTION IS 90 AGAINST THE GEUR WEIGHT AND PERENDERANCE OF THE DUDENEE 90 AS TO BE MANIFESTLY UNJUST. 5. A FACUAL RELIVEN DOLLWANT IS TO AUTHORITY BUDDEN OF ROBIF ON A AFFIAMATIIE DEFENSE IS "MUTUAL EYELLSILE" FROM A FACUAL RELIVEN OF WHETHER THERE WAS SUFFEENT EUIDENCE TO WARRANT ARREST. I.SP. REVELETTING OF PRESERF INGRECHATON. THE RECORD CONTRAINS AMPEL EUIDENCE TO SUPPAR DELINORIENT JUDENHENT AND IN JUNETINE RELEASE EVEN REVISTATIVE PLANITIF

1. THIS COURT HAS NO JURS DIZEDWY TO DO WHAT THE PLABUTIFF-APPELLANT PECUESAS AS WOUULD A COURT OF CHUL APPERLS BECAUSE OF A SOMENHAT PECULIAR CONSTRUTMING PROLUSION APPLEABLE TO (COURTS OF CHUI APPERLS) STARS IN PART:

PROUIDED, THAT THE DEZISION OF SAID COURTS SHALL BE CONCLUSIVE ON ALL DUESTIONS OF FACT BROUGHT BEFORE THOM ON APPERI OR ERROR.... SEE, ALSO ANTICLE 1820 U. A.C. 3. TEXAS RULES OF CHUL PROCEDURE 451, 453, 455.

1. ABSTRAIT OF ABBREVITATE CASE HISTORY RECORD THAT IS THROUGH ENDUGH TO SHOUL APPELLATE COURT THAT THE QUESTIONS PLES ONYED FOR RELIEME HAVE BEEN PRESENTED, IS A CONCISE STATEMENT OF TEST, ESP. OF A LEGAL DOCUMENT. SEE. STARS EXHIBIT A. THAT WHICH WHICH FILLD WITH THE APPROPRIATE IN ACCORDANCE WITH RULES OF APPELLATE PROCEDURE APPERLS FROM A FINAL JUDGMENT AND ORDERS. RULE 36. ABSTERY RECORD IN ADMINISTRATIVE APPERLS 36.3. CORENCEING THE RECORD 36.3.C3) CORENCEING BY ABREEMENT, AT AWY STAGE OF THE PROCESSING, THE PARTIES MAY ABREE TO CORRECT AN ADEWAY RECORD FILLD UNDER CONCEIMENT CODE TO ENSURE THAT THE ADEWAY RECORD ACCURATEY REFLECTS THE CONTESTED CASE PROCEEDINGS BEFORE ADEWAY, THE COURT REPORTER NEED NOT RECERTEFY THE ADEWAY RECORD.

2. TEXAS RULES OF COURT VOLUME 1 STATE RULE 783. REDUSties OF PETITION (4) THAT THE PLABUTIFF-APPELLANT WAS IN POSSESSING OF THE PREMISES OR ENTHLED UPON AND DIS POSSESSED HEM. OF SUCH PREMISES, STATING THE DATE, AND WITHHNUS FROM HEM THE POSSESSION THEREOT.

3. DOCUMENTS ADMITTED INDO EVIDENCE CONTAINED DAMAGE RELATED TO LUS APP PLABUTIFF-APPELLANT LIBERTY-FREEDOM BECAUSE OF T.O.C. 1 -ID PAROLE OUISSING BOARD PUREL ADMINISTRATOR MEMBERS AND T.B.P.P. BOARD PUREL ADMINISTRATORS MEMBERS ACTIVITIES.

4. ABSTETING ERROR AND APPERL BEARS THE BURDEN OF SHOULDIG THAT THE RECORD SUPPORT ITS CONTENTIONS AND OF SPECIFIING THE PLACE IN THE RECORD WHERE WATTERS COMPLAINED OF OR RELIEB UPON ARE SHOULD AS TO THE ISSUE (ON Now ISSUE OF STAWING).

5. IN ENARTING THE UNIFORM DIFLANATORY JUEGMENT ACT. THE LEGEDLATURE HAS CRAHTED A READAD RIGHT OF STANDING: ANY PERSON "WIDGE BIRDYS" STATUS BE OTHER LEGAL RELACIONS ARE AFFECTED BY A StATURE." MAY SEEK DIFLANATORY OF

of those elights. TEX.CLX. PRAC. 4 REM. CODE SECTION 31.OO2. SHORT TITLE, CONSTRUCTING INTERPHE TATION (3). THIS CHApter MAY be cited as a unetrom at deLanatory act (b). THIS CHApter IS remediAL. ITS PURPOSI IS TO SETTLE AND TO AFTERD RECEE FROA UNCERTAIRTY AND INSECURITY WHEAL RESPET TO REELYS. STATUS. AND OTHER LEGAL RELATIONS. IT IS TO BE LIBERALLY CONSTRUED AND ADMINISTEERED. (c). THIS CHAPTER SHALL BE SO IATEPPEtED AND CONSTRUED AS tO EFFECTUATED ITS GENERAL PURPOSI TO MALE UNIFORN THE LAW OF THE STATES THAT ENACT ITS TO HARMONIZE, AS FAR AS POSSSOLE, WITH, FEORAAL AND REGULATIONS ON THE SUBJECT OF DECLANATORY JUDGMENT AND DECREES. 12. SIDDLE. PARTEES (5). WHEN DCCLANATORY RELIEF IS SOHENT. ALL PERSONS WHO HAVE OR CANA AND INTEREST THAT WOULD BE AFTERED BY THE DECLANATING MUST BE WNDE PARITES. A deClanation does not preJungle the rights of a person not a pary to the procedure. 13. UPON INFORMATION AND BILIEF IN WHICH A RESPONSE RELANGING IS REGUMED OR 21 DAYS AFTER SERVICE OF A MOTION UNDER FED. R. CIVI. PRAC. RULE IS. (b)(c).

LEGAL STAMBARD

1. SUBJECT MATER JURIDETTING IS ESSENTAL TO THE AUTHORITY OF THE COURT TO DECLAE A CASE SEE: OS-DO-SO-SUS-CU CLESES RECORD PABL ISB. ALSO ATTACHED ETHISIT CONSSEL ENTERED MOTION FOR CONTINUANCE TO ESTABLISH WHHETNER OR NOT THE OFFENBER IS UNDER THE JURISDETTION OF THE PABLLE BOARD OF PABLONS AND PABLICS. MOTION DEALED, ON ACCORDANCE RULES OF APPLLATE PERCEDURE APPLACS FROM TREAL COURT RULE.33. PRESENTATION: HOW SHOUL (3). IN GENERAL: AS A PERCEEDUSITT TO PRESONDING A COMPLAINT FOR APPLLATE RELION. THE RECORD MUST SHOW THAT: (1). THE COMPAINT WAS MADE TO THE HEARING OFFICER BY A TIME REDUEST, OBJCCTIOU, OR MOTION THAT: (A). Startd the GRounos For the RULING THAT THE COMPLAINING PAALY SOUGHT FROM THE HEARING WAS SUFFICIENT SPECIFICITY TO MALE THE TRIAL COURT AWARSE OF THE COMPLAINT. WNLESS THE SPECIFIC GADUWN WAS APPARENT FROM THE TEST PABL (B). COMPLLED WITH THE REDUINEMENTS OF THE TEXAS RULES OF CIVIL OR CRIMINAL EUIDENCE OR THE TEXAS RULES OF CIVIL OR APPLLATE PERCEDURE AND. (2) THE TRIAL COURT:

(a) Buld on the heduist. abitetion, on matton, either exafeSSUy or amplicity de (B) Refused to Rule on the Reducs. abfiction on matton, and the comparison. pabry obiected to the refusal (b), Rulins By Deatition of Law: In A cull Case, the overducing By a defaction

Standing concerns a pabry's Fecults to disuse the couar's subject MaTtEI JuASSAICTION

IS. Rewitf-Affilant Stipulated facts that Aframatively Denowsreare the teral Couar's Juus diction to hear the cause. As apreal may be taren directly to the supenee Comat from an defed of atial Couat of a tinal Coer Genetive de demyine an intereoccutory or permanent in Junction on the conum of the consriturionality of a starife of ties state res. Gov't code section zecol (c). In Curable Defeets in Juabiction, Rewitf-Affilant Aframatively Needed the existence of JuASSAiction. These the per to the Jurssatition, at viewens consriturion of the state of reses annotated article section, is. excessive fail on fines, cual and unusal Pussilant, Remed By due course of law, section, is. excessive fail. fail SHARI not be reduced. Not excessive fines imposed. Not cerel on unusan Pussiment infected, all courts shall be defel. and every person for anitixd, one will in his LANDS, Goods, Person or Reputation, shall have Remedy by due course of law.

1b. UERSON'S CONSTITUTION of the State of reses annotated Article II. II. The powers of Government. Article II. Section, I, duration of Pewers, three SEparate preparations, exercise of power propers attached to the other preparations. Section, I, the powers of the Government of the State of reses shall be divided into three Distinct preparations, each of which shall be confided to a separate body of magistracy, to wit! those which are legislative to one: those which are Euclidit to another. And not person or collection of persons, be of one of those preparations. shall exercise an power except in the instance herein effectly Permitted.

Standing Requirement Is Implicit in open courts population of reses Constitution, which contemptures access to couars and for those uEffcents suffering injuin especially, the open courts proposition provide:

Under federal law of standing degrees a couar of subject matter.Jurisdiction below is an element of such Jurisdiction.

1. WILTED STATES CODE ANNOTATED TITLE IS CIOME AND CERMANAL PROCEDURE SECTON ISOS DISTRUCTION OF PROCEEDINGS BEFORE DEPARTMENTS, ADENCIES AND COMMITTEES. WHAEVER, WITH EWYELT TO AVOID, EYEDE, PREFERT OR DISTRUCT COMPENANCE. DU WHOLE OR DU PART, WITH ANY CIVIL INUESTIGATING DEMAND DUEY AND PROPERU MADE, UNDER THE ANTITRUSY. CIVIL PROCESS ART, WILFFULLY WITHHOLDS, MISREPRESENTS, REMOVE FROM ANY PACE, CONCEES, COVER UP. DISTROUS, MUTILARES, ALTERS. OR BY OTHER HAGNIS FACILITIES AND DOCUMENTARY MATERIAL. ANSWERS TO WILTED IN TERADGATORIES, OR ORAL TESTMONY, WHICH IS THE SUBJECT OF SUCH DEMANE: OR ATTEMPT TO DO SO OR SOLICITS ANDTHER TO DO SO OR:

WHOever, CURRUpty, or bV THREATS OR FORCE OR bV ANY THREATENING LETTER OR COMMUNICATED INFLUENCES, DISTRUCTS OR IMPERES OR ENDEAVORS TO INFLUENE, DISTRUET OR EMPERE THE DUE AND PROPER ADMINISTRATION LAW UNDER WHICH ANY PERCING PROCEEDING IS BEING HAD BEFORE ANY DEPARTMENT OR AGEWAY OF THE UNITED STATES, OR THE DUE AND PROPER EXERCISE OF THE POWER OF INDUITY UNDER WHICH ANY INDUITY OR INUESTIGATION IS BEING HAD EITHER HOUSE OR ANY COMMITTEE OF EITHER HOUSE OR ANY JOUN COMMITTEE OF THE CONGRESS FREP ED (A), INDEPENDENT ACTION BASED ON FARUO ON THE COURT BY IMPEDMENY OF JUSTICE TITLE IS. SECTON ISOS OMNIBUS CLALSE BY A GOVERNMENTAL ABENCY THAT IS OF THE EXECUTIVE BOANCH AND HAS USURPED JUSTICE POWERS THUS IMPLEMENTING CONDITION AND ENFORCEMENT WITHOUT AUTHORITY. (SEPARATION OF POWERS CLALSE) U.S. BEGGELLY 524 US 38.46 (1998), PONPHRERY V. K.W. THOMPSON TOOL Co. 62 F3d.1112.1130. 18. AT ALL TENES BY HOWESIV, CAMDOR AND FARMNESS, IN FUEILITING DUY TO THE LEGAL SYSTEM. DEPENDANTS COMMITTED ABUSIVE TACIICS FROM LACK OF CHILDIT TO DURRINGHY HOSTILITY AND DISTRUCTIONISM. TO DELAY AND DENT JUSTICE, ABUSIVE TACIIS INSTEAD OF BEING PART OF THE SOURDON HAVE BECOME PART OF THE PROBLEM. 19. RADWITF- APPElant NEUER RECEIVED THE DESIRED RESPUET AND CONFEDENCE FROM PArdLE THE BORAD OR MEMBERS PROFESSION WITH THE NECESSARY LACENTIVE TO ATTAIN THE HIGHEST DEGREE OF ETHICAL AND PROFESSIONAL CONOUEt. SEE: 03-15-00343-LU WOLUME loF! APPEl suIT SEtELNG DECLANATORY JUDGMENT AT LISTED PAGE 5. STANDING. PAGE 7. TRANSFERRED APPElant TO THE TEXAS DEPARTMENT OF CERMANAL JUSTICE INSTITUTIONAL DIVISION, OFFULAS DENSED PERIHITF-APPELLANT THE RELERSE RECOMMANDREED PRESORTED BY THE LAW 65th LEGISATURIC CAMPER 375 3F (A)(L). PENAL CODE 19.02. PArdLE POWELS AND HERENESS RELIGD ENTERELY BEHEND THE SEEN ADMINISTRATES NOW DAMAGES ACCURED DURING THE COMPLETE ASSENCE OF EUIDENCE OFFERED TO PROVE A UITAL FACT IS BARRED FROM CONSIDERATION BY RULES OF THE LAW OR EUIDENCE IS NO MORE THAN A MEXE SENTILA, OR THE EUIDENCE CONDENSITT ESTABLISHES OF DIPPOSITE OF A UITAL FACT, ON THE PABUTIFF-APPELLANT TO PROVE FACT NECESSAR TO ESTABLISH ITS CIALM, PABUTIFF-APPELLANT WASD DEPANED OF A HERENE AF WHICH TO PRESCAT EUIDENCE EN SUPPORT OF HIS ALEECACTOUS AND DECAUSE THE PABLE HERENNGS MADE CREDIBILITY CHOICES WITHOUT WITHESS TESTIFY, WITHOUT DBSERVING THEIR

Demeinor or Heaenss. ther res cmowny guBiter to cross exammartow. Pabdic HeabdrE offler with only adminis tature doqumous Before Hea. Chose to BeLere Pabde offlitios ower ptafuafif- Aptflant ob.Itation to JurisDietion made apparensy on the basis of plannifF- Aptflant Prode REPORt on Recors. Fractual dssputes are not so desound under Pabde. JurisPundence, Pabe to ar 18. 19 and 20. Pabe il. ConclusioD at 21. PABE il. at 28. PABE 20. aT 105 PABDE offiece Schedled SEK OFfeDber Recuvities And 115; unHy and tHEY CHANGE casL madeers Mannees WY JANDAIN 16.2001. Relase. For Me To Be Lwo ABtone Indepentent Pabde Her Hant Pabdy. PABE 23. DIE PRoCess UIDLATOH. LV. DIE PRoCess UIDLATOH. PABES 2228.29. PABE 30. Defect And INACUARNT of EACUYANCE PABE 2. PABES 32.33.54.35 MEDLINOUS INFLAMATION. OPTICAL EVALUATE PABDIIFF-APPELLANT DUTER TEME LIMIT MITON 20. OK MAY 7. 1013. PEAHITIF- APPEILANT. EXECUTED A DEELAMOND JUOSEMENT CONPLAINT AERDUST DEPENDANTS PUSUMANT TEXAS EDUCERMONT CIDE SEEfON 2001.038. AND THE ADMINISTRATIVE ACT (APA), TEXAS CONCEAMENT CIDE SEEfON. 2001.035. FELLD EN THE 20010 OISTEUT COURS OF TRADES COUNITY. TEXAS, MAY 13.2013. ON-JUNE 17.2013. A COPY OF THE COMPLAINT AND SUMMOND WAN ISSUED AND SCAUED TO TOM ME CONALD ON JUNE 11.2013. DEPENDANT'S DREEDMAL ANSWER, JUNY DEMANO AND PEA TO JURISDETON WMS FICD JULY 18. 2015. PABDIIFF RESPONSE TO DEPENDANTE ANSWER, JUNY DEMANO, JUNO AND PEA TO JURISDETON JULY 25; 2013. WHICH SMOKE HAYE BEEN FICL NO LATOL THAN JULY 28.2013. It IS A DEffect/INACUARY IN CIDE'S F/INE DAR AUGUST 2.2014. DEPENDANTS FELLD A DEPENDAN'S ADVISSDET TO THE COURT JULY 222013. PLANETEFF-APPELLANT FICD OUTER TONE LAMIT MOTON MARCH FICNW. PABDIIFF-APPELLANT RECEIVED NOTICE OF A SETTURE. SET FOR MAY 13.2015. A HERCING FOR DEPENDANTS ANDROED PEA TO THE JUNIS DETTION EXACTLY TWO (2) YEAR LATER. PABDIIFFE-APPELLANT. HAD All RENDY FICED MOTON DECLARATION FOR EUTEN OF DETAULT PUSUMANT RULE. 55. Federal Rule Civil PraceDure April 50.2015. ON MAY 13.2013, THE TREAT JUNGE IN THE 20010 DISTRICT COURS OF TRADES COUNITY. TEXAS, SIGNED ORDER THAT PEADIIFFE Clames BE DISMSSSED WITH PRETUDUE FOR LACE OF SUBJECT MATTER JURIS DEPEND.

LEGAL STANDARD 21. Federal Rule civil PraceDure Rule 12 (A) (1). STAtes A DEPENDANT RULE SCALE ANSWER WITHIN (21) DARA AFTER BECKE SCAVED WITH THE SUMMOND AND CONPLAINT. A DEPANE IS DISUFFICIENT UNDER RULE PECIRALCIVII PraceDURE 12 (E) WHICH DEPENDAN'S FAL TO AORCE TO SUMMON IN THE TIME THAT IS REDUIEED IN FECKAL RULE PACEDURE 12 (2)(1). A DETAUT -TUOSEMENT MAY BE TAKEN AEAWES THE DEPENDAN'S

1. the coust Water Gave Plaintiff-Applinet Am of Peacmenty To Roppedy Suftowt on Address the Facts. Mawwer In which the Coust Rocceded, Do You Hear Me. What You Want, Coutrt Protocol Statement By deffondant. The Coutr, What You? Atrempt To Idcerty Mlyaff. The coutr: Coutr Is AdJourn. You, I Doo'r know What To Tell You. You Can Affect It You Want.
2. Accordance with Federal Cunt Jurcual Procedure Rule (2.(a)(i) the Coutr In Fact Enrored In Lettrins the Deforonnt's Mlotid To Dismiss WItra Prejudice For lack of Jurdsbiction - Eveal Subject Matter Jurisdiction To Be Rused on Proposed Fomal Judement Whow Gato Motion to Desates Pursumt To Chaptet 14. Federal Cunt Jurcual ProceDure and Rules IS Mout Because Defendants did not answer Comprant and Summon In the time that was Redured in the ctatron- The Defendant's IS not above the Rules set forth In the feto. Cunt. Pacc. Rules. The Deforonnt's IS Mone than Gable of ansmentivs the summon and Comprant in time as reduced By time set in the citation. Just Because the Deforonnts sat on thetr. RISHTS does at MENt the count has to show the Defendant's ans leniently on fands at all. This is a Procedural Defauit By deffondant, Also the Judge did not give anM notice of time extection on any other order allowinies the deffondants Mone time to answient Summon and Complaint, the Defendant's should follow the rules and Federal Cunt Procedure and Rules Just as the Prantlff-a Ppeuant Has too.
3. Federal Cunt Jurcual ProceDural Rule (2(F) Antrenizes the count to "3tente" From a Plerding an Dysufficient Defense on any Immatreld as impettrident maitra. Federal Cunt Procedure Rule (2 (F) IS DESIEN TO REINFORCE THE Reducdement of Federal Cunt ProceDure and Rule (2)(i). A Defense Depuftement under Federal Cunt ProceDural and Rule (2(F) woker Deforonnt's Fail to AdHCE To A count Doder and CITATION In a tMELt MAtTEL.
4. Defendants Have Fail to follow Federal Cunt Jurcual ProceDure and Rule (2 (a)(i). By not answicntly deffonal Pettition in a timeff manner. the Deforonnts answict to Plaintiff Pettition and Cunt Citation was two (2) Years late Dettd may 13, 2015, From the time AUDUdD under feto. Jurcual ProceDure Rule (2 (a)(i) 2828 the Deforonnt's IS Mone than Gable of answicntly the oddeR of the count By reduced time, date, if the Plantuff-apyclant had sat on his dists the count with HANd said "TO BAD 50 SAD" You Have Sat on Your RIShts. Leatrenly should not be given to the Deforonnt's BADUdIT UP IN SAID MOTION to dissues Puisuant to Chaptet 14 IS Mout.

CONCLUSTON

22 PLADMILFF-APPELLANI SEEILNE THIS COUNI TO APPLY THE IYTN AMEND U.SC. UNOLE THE OUE PROCESS AND EDUAL PROTECTION CLAUSE: ON THE MERIT OF THE UNITED STATES U. THE STAT OF TELAS. THE U.S. SUPPLIME RULE THAT THE STATE OF TELAS CONSTITUTION WAS FOUND WITH SEVEDAL DEFECTS, THE DEFECTS UIDLATED THE $1^{\text{st}}{2}^{\text{nd}}{4}^{\text{th}}{5}^{\text{th}}{6}^{\text{th}}$ AND $8^{\text{th}}$ AMEND U.S.C. THE COUNI ORDER THE STATE ALIGN WITH THE FED CONST AND PRESCNT THE AMENDED SECTION AND ART. TO THE COURT AND CONFACES FOR RELLEW, AND NOTICE STATE TO APPLY BY U.S. FED. CONST. LAW AND INTO THE ISSUE BE RESOLUTE, THAT WAS IN PASS, AS DECEMBER? DON, THE STATE HAS NOT PRESENT ANY TRODE TO THE SUPPLIME COURT OR U.S. CONFACES, AND THE STATE IS DOLIGATED TO APPLY U.S. CONSTITUTIONAL LAW TO THIS CASE. 28. THE SECOND ISSUE PLADMILFF-APPELLANI HAS ATTEMPT TO BETNG TO THIC COURT ATTENTION FOR THE RASS TEN (IO) YEARS, THAT HE WAS SENTENCE UNDER SEVYED PENAL CODE SECTION, 19.02. AT THAT TIME 36 WAS NOW ECCSTING. THIS WAS UNDER THE 1977. ACF. 65TH LEG, HOWEVER, T1st LEG, AMENDED THE LAW. SEE: ACF.1489. CH. 785. SECIION SDI. HOWEVER, THE NEW LAW NOT DEGRADCTIVE? AND THE NEW LAW DON'T APPLY TO PLADMILFF-APPELLANI. THE STATE ROARD OF PAROONS AND PLADMILFF- APPELLANT WAS IN EARDA TO WEAR AND UIDLATED IYTN AMEND U.S. DUE PROCESS CLAUSE BY ATTEMPTED TO FORCE PLADMILFF-APPELLANI TO WEAR LEG MOMLCDR AND UIDLATED AT RELEASE ON JANUARY 16, 2004, JEDMARRY WAS ATTACHED ON JANUARY 16, 2004, AT MIGNISHY. 29. ON SEPTEMBER 4, 2015. CHIEF OF CONCENANCEL CONSIDERATE ACF ON WHAT SEEMS TRUE OR PROBABLE, HASITNESS DEBATED CONFESTED IDEAS OF AMAEITONES NOT WORTH OF DISCUSSION. DEFENDANTS BROUGHT JURIS DECTION INTO ISSUE MISREPRESENTED BY CHIEF OF CONCEUNENT IN A APPELEES PERIEF, NOT DEBATABLE ENTITLE SOVEREIGN IMMUNITY HAS SULFECT-MAYTER JURIS DECTION ANEVE. STATE ITS ACENCIES, SUBDIIIISIONS IN CORPORATED DELREE BY BOARD OF PAROONS AND PAROLES, POLICIES, AND CUIDELINES PREFARIINES TO THE ADMINISTRATION SPECIFIC ACTS OF ABUSE THAT DEFOUDANTS PREFORMED DISCEITEDUARY FUNCTION IN CODD FACIT WITH THEIR AUTHORITY. 915 SW 21882. 30. RULE 799. STATE: IF THE DEFENDANT WHO HAS BEEN PESSMALLY SEVED WITH CITATION ACCORDING TO LAW OR THEM RULES FALL TO APPEAR AND ANSWER. BY HUMSELF OR ATTUNNEY WITHIN THE TIME PRESCELBLD BY LAW OR THESE RULES FOR OTHER ACCTINS IN THE DISTRCT COURT, THEN JUDENENT BY DEFAULT MAY BE EXTULED AGAINST HIM AND IN FAVOR OF THC PLANILFF-APPELLANI FOL THE TITLE OF PERMUSES, OR THE POSSCESIONS THEREOF OR ROTH, ACCORDING TO THE PETTION AND FOR ALL COSTS, WITHOUT ANY PROOF BY THE PLANILFF-APPELLANI.

1. 5"', 8"' is" CONSTRNTONAL RELSTS ULDLATONS. PLANNTFF-APPLLANT SEEE DAMAGE FOR WADWGFLLLY IMPRESENMENT UNDER COVEDWARLSTAL LIABILITY UNDER SECTION. 103.105 CH-103. VERNON'S TEXAS CODES ANNOTATED PETITION CLARM IS BASED ON BREACH OF CONTAACT (UNIDEL THE SEALITUDE ACT OF ATT) BETWEEN STRE PRESUNEL AND STARE. Stare BREACH CONTAACT ON JANUARY' 162004. AT MIDNESENT AFTER DALLWAL RELEASE. ON JANUARY' 16.1004. PETITONEL COMPETED 21 YEARS 4 MONITES 21 DAYS AND HAVE BEEY FALLLY AND WADWGFUL IMPRESENMENT UNDER II" ANEHOMENT U.S.C. SEE: AETS. 1985. 69" LES. CH.957. SECTION EFF. SEPT I. 1985. REDESIGNATE FRAN U. T. C. A. CHIL PARTICE AND REMEDIES LOOE. SECTION' 103.006. AND ANEHOD BY ACT. 2001. 77" LEG. CH 1488. SECTION I. EFF. JUNE 2001.
2. PLANTIIF-APPELLANT RE AILESE AND INCORPORATE BY REPRELATE PHARCEAPHS.
3. DEUERATE INDUFFORANCE: WERE DECELVED ANY DELLEF SUFFORING. PAIN. STRESS.
4. HARM DISMISSED AT ALL ACTIDNS WHEN PRESUNED AT A EVIDENTIARY ISF, SAIL TDES-ID. HERATNES.
5. I TDE I-ID PRLSON OFFICIALS TAPP ARE PRLUENTIANE PLANITFF APPLLANT FROM BLLEASL THAT
6. PLANITFF-APPELLANT FIIED SEVICAL COMPLAINS ABOUT FALSE INFORMATION ABOUT ADMINISTRATIVE PROCEEDINGS AGAINST PLANITFF APPLLANT
7. AFFERMATIVELY DEMONSTRATED PLANITIFF-APPELLANT STATE CRIMINAL CASE FIIES DETERMINE THAT PLANITFF-APPELLANT CLALEA THAT HE HAD BEEN ARESTED WITHOUT PRODADEL CASE HAD ALBERY BEEN DECIDED AGAINST HAN BY STATE COUNI.
8. MISCONDUCT PHOLE OFFICES HAVE IMPROPUEL GIVEN FATE INFORMATION ABOUT CRIMINAL PROCEEDINGS AGAINST PLANITFF APPLLANT. RIO DICLEASON! GENERALLY DENVING THE FACUAL ALLEGATION THIS COURT KNOWS THAT THE FACTS ALLGED BY DEPENDANT'S ARE NOT TRUE. THE TOUS CONSTRNTION ACT I. SECTON' 19. DEPENDATON OF LIFE, LIDDITY TO DUE COURSE OF LAW. ULD LATONS.

under the wikted States consititition $5^{\text{th}}$ . $8^{\text{th}},{11}^{\text{th}}$ and ${14}^{\text{th}}$ amewbaruer couel ann unusal punshametr. a due process violation. 34. the planify Applianr has no plan adeduarte de complete remedi at. law to Redress the wrong desciated hedein. Rainitify has been and will. continue to be Iadepreably inluted by the consucc of the deFeudants unleas this coutr Eranir the declaratdly inlunitive reflect which planify-Applianr SeEs.

POWARd Eon ReLtLE

Whente fore, prantify appiciant respectfully Pews in his відl reflect to which he suppose himself entitled on the case in the Bill and for such other reflect as the nature of the case reduced and as may be adeeable to eduity and Good CONSCIENCE.

Yo. have mercy on me con, in accordance with your merecful love. In your abundant compassion that our transgression, and of hear 'sco and SPRILt" in asd Deliverance from siw, nor just a past act Bur its EMDTIONAL, physical and social CONSCOIENCES, LUNING By the SPIIIT of con, the relation between God and peace recanness to God and soV and the authority to teach Siwness such proclamatidn is Better than offering sacrifice the more that God's Good will forward those who are cterned and contritit will propter him to lose favoepate on the acts of worship offered in sin.

1. My mother Conceived me in inedity was I CONtEIVEd, at no time was ever without sin. I am mortally affected since yourt I have always been affected. In the misc Lave as a instrument for spone line. Serfified blood or lusfral water cleavens for you do not desire sicrifice in the same offered of the ritual sacrifice from Good erspoSition is not accepted to God, that this coutr exist. Judgment granrible PLADITIIE APPELLANT.
2. A deciantion that the acts and omissions described Herein VIDeated Painttify-Applianrs regurs under the consititition and laws of the united States.

1. A prellaminald and peramient instruction carding defenomar's sTUARI JONELNS DANETDA of PAdeJC AND RUSSI DWALD VINDICATE PLANTLFF-APPELLANI From tHOLL WIRDING, FACSE, UNITUE IDEAS AND AM BIION, SET ME APAH FROM HUMILATION.
2. COUNTER PALLANCE TO ALL DAMAGE IN CHAL REMEDIES AND PRACTILES. PRACTICE OUOE SECTION IN ABOUNI' 103.006. AND AMEND BY ACT 2001 71 re LEE. CH.14BB AGAINST EACH DEFINDAHY, JOINTLY AND SULCAALLY.
3. COUNTER BALANCE LEABILITY FOR WIRONS FUL IM PERSONMENT UNDER II'R AMENDANENT U.S. E IN THE AMOUNITS OF ACIS 1985 69th LEE CH. 957 SEE EFF SEP.1. 1985 REPRESENTED FROM VILLA. CHWIL REMEDIEES CODE 103.006. AGAINST EACH DEFINDAHY.
4. A JUNY TRIAL ON ALL ESSUES TRIABLE AV JUNY.
5. PLANTLFF APPLLANI COST IN SHIT
6. ANI ADDITIONAL RELLEF THIS COURT DILEM JUST AND EDULTABLE.

DATE SEPTEMBER 14, 2015. RESPETTIIIV SUMMITED IddU DOHN JOHANN $\#364033$ EDDEE DAN JOHNSONN $\#364033$ TBCI-JAMES A. LYNAUGH UNIT 1098.5. HIGHWAY 2037

FORTGTOCE TEXAS $79735-{9795}^{\circ }$

VERIFRATION

I HAVE AEXd THE FORCECCHC COMPLEXIT AND HEXEBV VERIFY THAT THE MATTERS AILEGED ON INFORMATION AND BELLEF, AND AS TO THOSE I ALLEUE THEM TO BE CORRECT AND TRUE, I CELIEV UNDER PEARLY OF PERLWAY THAT THE FORCECCHC IS TRUE AND CORRECT.

SEPTEMBER IV, 2015 IddU DON JOHANN $\#1364033$ EDDEE DAN JOHNSON $\#364033$

CERTLElcate of SERVICE

I. EdDEE DOW JOHNSON, PLACHTLFF-APPELAMT, CERTLEFY TMAFA TRUE AND CORRECT COPY OF THE ACONE AND FOREGOING ReOUISETES OF GREEPS HAS BEEN SEKKED BY PLACING IN THE UNITED STATES MAIL PREPAID ON THIS SEPTEMBER IS, 2015, ADDRESSED TO:

CLORIA MI AGULIAH LEGAL SECRETARY TO JENNOFLE L. DANIEL A SISTANT ATDENEY GENCWAL LAW ENFORCEMENT DIDASION P.O.BOY $125-48$ AUSTIN TEEAS 18TH-2548

Eddie Don Jonson: $\&\text{H 361033}\&\text{edddee. Bonghese}\&\text{H361033}\&\text{APPELAMT, PROSE}$

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And thereupon the soid Defendant was asked by the Court whether he had anything to say why sentence should not be pronounced against him, and he answered nothing in her thereof. Whereupon the Court proceeded, in the presence of the soid Defendant, to pronounce sentence against him as follows, to will: "It is the order of the Court that the Defendant, named above, was has been of judged to be guilty of the offense indicated above, a felony, and whose punishment has been assessed at confinement in the Texas Department of Corrections for the period indicated above, he delivered by the Sheriff of Morris County, Texas, immediately to the director of Corrections of the State of Texas, or other person legally authorized to receive such convicts, and soid Defendant shall be confined in soid Department of Corrections for the period indicated above in accordance with the provisions of the law governing the Texas Department of Corrections."

The soid Defendant was remanded to jail until soid Sheriff can obey the directions of this sentence.

Signed and entered on this the 16. 10. 3. 3. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. 192. 193. 194. 195. 196. 197. 198. 199. 200. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 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PRISONERS-SUPERVISION AND RELEASE

CHAPTER 347

S. B. No. 152

Abstract

An Act relating to eligibility for and conditions, revocations, and administration of probation, parole, mandatory supervision, work furloughs, condition. at pardons, emergency reprieves or furloughs, and other types of prisoner supervision and release from incarceration; amending Article 42.12, Code of Criminal Procedure, 1965, as amended, by amending Sections 1, 2, 12, 13, Subsections (a), (e), and (i) of Section 14A, Sections 15, 20, 21, 22, 24, 26, 27, 28, 30, and 31, and by adding Section 3f; adding Article 6181-1 to Title 109, Revised Civil Statutes of Texas, 1625, as amended; amending Section 28, Chapter 212, Acts of the 40th Legislature, Regular Session, 1927, as amended (Article 616821, Vernon's Texas Civil Statutes); amending Sections 1 and 6, Chapter 422, Acts of the 61st Legislature, Regular Session, 1969 (Article 6168a-2, Vernon's Texas Civil Statutes); repeating Article 40.05, Code of Criminal Procedure, 1985; repeating Section 23, Chapter 212, Acts of the 40th Legislature, Regular Session, 1927 (Article 6168v, Vernon's Texas Civil Statutes); and repealing Chapter 361, Acts of the 48th Legislature, Regular Session, 1943, as amended (Article 61841, Vernon's Texas Civil Statutes).

Be it enacted by the Legislature of the State of Texas:

Section 1. Article 42.12, Code of Criminal Procedure, 1965, as amended, is amended by amending ^[32] Sections 1, 2, 12, 13, 15, 20, 21, 22, $24,26,27,28,30$ , and 31 , and by adding ^[32] Section 3 f to read as follows: "Section 1. It is the purpose of this Article to place wholly within the State courts of appropriate jurisdiction the responsibility for determining when the imposition of sentence in certain cases shall be suspended, the conditions of probation, and the supervision of probationers, in consonance with the powers assigned to the judicial branch of this government by the Constitution of Texas. It is also the intent of this Article to provide for the release of persons on parole and for the method thereof, to designate the Board of Pardons and Paroles as the responsible agency of State government to recommend determination of paroles and to further designate the Board of Pardons and Paroles as responsible for the investigation and supervision of persons released on parole. It is the intent of this Article to aid all prisoners to readjust to society upon completion of their perioú of incarceration by providing a program of mandatory supervision for those prisoners not released on parole or through executive clemency and to designate the Board of Pardons and Paroles as the agency of government responsible for the program. It is the final purpose of this Article to remove from existing statutes the limitations, other than questions of constitutuionality, that have acted as barriers to effective systems of probations and paroles in the public interest. "Sec. 2. This Article may be cited as the 'Adult Probation, Parole, and Mandatory Supervision Law'. "Unless the context otherwise requires, the following definitions shall apply to the specified words and phrases as used in this Article: "a. 'Courts' shall mean the courts of record having original criminal jurisdiction; 32. Vernon's Ann.C.C.P. art. 42.12, 11 1, 2, 33. Vernon's Ann.C.C.P. art. 42.12, 1 37. 12, 13, 15, 20 to 22, 24, 26 to 28, 30, 31.

"b. 'Probation' shall mean the release of a convicted defendant by a court under conditions imposed by the court for a specified period during which the imposition of sentence is suspended; "c. 'Parole' shall mean the release of a prisoner from imprisonment but not from the legal custody of the State, for rehabilitation outside of prison walls under such conditions and provisions for disciplinary supervision as the Board of Pardons and Paroles may determine. Parole shall not be construed to mean a commutation of sentence or any other form of executive clemency; "d. 'Mandatory supervision' shall mean the release of a prisoner from imprisonment but not on parole and not from the legal custody of the State, for rehabilitation outside of prison walls under such conditions and provisions for disciplinary supervision as the Board of Pardons and Paroles may determine. Mandatory supervision may not be construed as a commutation of sentence or any other form of executive clemency; "e. 'Probation officer' shall mean either a person duly appointed by one or more courts of record having original criminal jurisdiction, to supervise defendants placed on probation; or a person designated by such courts for such duties on a part-time basis; "f. 'Parole officer' shall mean a person duly appointed by the Director of the Division of Parole Supervision and assigned the duties of investigating and supervising paroled prisoners and prisoners released to mandatory supervision to see that the conditions of parole or mandatory supervision are complied with; "g. 'Board' shall mean the Board of Pardons and Paroles; "h. 'Division' shall mean the Division of Parole Supervision of the Board of Pardons and Paroles; and "I. 'Director' shall mean the Director of the Division of Parole Supervision." "Sec. 3f. (a) The provisions of Sections 3 and 3c of this Article do not apply: "(1) to a defendant adjudged guilty of an offense defined by the following sections of the Penal Code: "(A) Section 19.03 (Capital murder); "(B) Section 20.04 (Aggravated kidnapping); "(C) Section 21.03 (Aggravated rape); "(D) Section 21.05 (Aggravated sexual abuse); "(E) Section 29.03 (Aggravated robbery); or "(2) to a defendant when it is shown that the defendant used or exhibited a deadly weapon as defined in Section 1.07(a)(11), Penal Code, during the commission of a felony offense or during immediate flight therefrom. Upon affirmative finding that the defendant used or exhibited a deadly weapon during the commission of an offense or during immediate flight therefrom, the trial court shall enter the finding in the judgment of the court. Upon an affirmative finding that the deadly weapon the defendant used or exhibited was a firearm, the court shall enter that finding in its judgment. "(b) If there is an affirmative finding that the defendant convicted of a felony of the second degree or higher used or exhibited a firearm during the commission or flight from commission of the offense and the defendant is granted probation, the court may order the defendant confined in the Texas Department of Corrections for not less than 60 and not more than 120 days. At any time after the defendant has served 60 days in the custody of the Department of Corrections, the sentencing

judge, on his own motion or on motion of the defendant, may order the defendant released to probation. The Department of Corrections shall release the defendant to probation after he has served 120 days." "Sec. 12. The Board of Pardons and Paroles created by Article 4, Section 11 of the Constitution of this State, shall administer the provisions of this Act respecting determinations of which prisoners shall be paroled from an institution operated by the Department of Corrections, the conditions of parole and mandatory supervision, and may recommend the revocation of releases to mandatory supervision, paroles, and conditional pardons by the Governor. Keeping the goals of this Act in mind, the Board shall have the authority to determine the degree and intensity of supervision a prisoner released on parole or released to mandatory supervision should receive. "Sec. 13. The members of the Board shall give full time to the duties of their office and shall be paid such salaries as the Legislature may determine in Appropriation Acts. The members of the Board shall elect one of their number as chairman, who shall serve for a period of two years and until his successor is elected and qualified. "The Board shall meet at the call of the chairman and from time to time as may otherwise be determined by majority vote of the Board. A majority of the Board shall constitute a quorum for the transaction of all business. "The Board shall adopt an official seal of which the courts shall take judicial notice. Decisions of the Board shall be by majority vote. "The Board shall keep a record of its acts and shall notify each institution of its decision relating to the persons who are confined therein. At the close of each fiscal year the Board shall submit to the Governor and to the Legislature a report with statistical and other data of its work. "All minutes of the Board and decisions relating to mandatory supervision, parole, pardon, and clemency shall be matters of public record and subject to public inspection at all reasonable times." "Sec. 15. (a) The Board is authorized to release on parole, with the approval of the Governor, any person confined in any penal or correctional institution of this State who is eligible for parole under Subsection (b) of this Section. The period of parole shall be equivalent to the maximum term for which the prisoner was sentenced less calendar time actually served on the sentence. All paroles shall issue upon order of the Board, duly adopted and approved by the Governor. "(b) A prisoner under sentence of death is not eligible for parole. If a prisoner is serving a sentence for the offenses listed in Section 3f(a) (1) of this Article or if the judgment contains an affirmative finding under Section 3f(a)(2) of this Article, he is not eligible for release on parole until his actual calendar time served, without consideration of good conduct time, equals one-third of the maximum sentence or 20 calendar years, whichever is less, but in no event shall he be eligible for release on parole in less than two calendar years. All other prisoners shall be eligible for release on parole when their calendar time served plus good conduct time equals one-third of the maximum sentence imposed or 20 years, whichever is less. "(c) A prisoner who is not on parole, except a person under sentence of death, shall be released to mandatory supervision by order of the Board when the calendar time he has served plus any accrued good conduct time equal the maximum term to which he was sentenced. A

prisoner released to mandatory supervision shall, upon release, be deemed as if released on parole. To the extent practicable, arrangements for the prisoner's proper employment, maintenance, and care shall be made prior to his release to mandatory supervision. The period of mandatory supervision shall be for a period equivalent to the maximum term for which the prisoner was sentenced less calendar time actually served on the sentence. The time served on mandatory supervision is calculated as calendar time. Every prisoner while on mandatory supervision shall remain in the legal custody of the institution from which he was released but shall be amenable to the orders of the Board. " (d) A prisoner who has not been released to mandatory supervision and has 180 calendar days or less remaining on his sentence may be released by order of the Board to mandatory supervision. "(e) Within one year after a prisoner's admittance to the penal or correctional institution and at such intervals thereafter, as it may determine, the Board shall secure and consider all pertinent information regarding each prisoner, except any under sentence of death, including the circumstances of his offense, his previous social history and criminal record, his conduct, employment and attitude in prison, and his physical and mental health. "(f) Before ordering the parole of any prisoner, the Board may have the prisoner appear before it and interview him. A parole shall be ordered only for the best interest of society, not as an award of clemency; it shall not be considered to be a reduction of sentence or pardon. A prisoner shall be placed on parole only when arrangements have been made for his proper employment or for his maintenance and care, and, as may be, in part, evidenced by the prisoner's having made, in whole or in part, restitution or reparation to the victim of his crime, the total amount of such restitution or reparation as may be established by the court and entered in the judgment of the court which sentenced the prisoner to his term of imprisonment, and when the Board believes that he is able and willing to fulfill the obligations of a law-abiding citizen. Every prisoner while on parole shall remain in the legal custody of the institution from which he was released but shall be amenable to the orders of the Board. "(g) The Board may adopt such other reasonable rules not inconsistent with law as it may deem proper or necessary with respect to the eligibility of prisoners for parole and mandatory supervision, the conduct of parole and mandatory supervision hearings, or conditions to be imposed upon parolees and persons released to mandatory supervision. Each person to be released on parole shall be furnished a written statement and contract setting forth in clear and intelligible language the conditions and rules of parole. The conditions may include the making of restitution or reparation to the victim of the prisoner's crime, the total amount of such restitution or reparation as may be established by the court and entered in the judgment of the court which sentenced the prisoner to his term of imprisonment. Acceptance, signing, and execution of the contract by the inmate to be paroled shall be a precondition to release on parole. Persons released on mandatory supervision shall be furnished a written statement setting forth in clear and intelligible language the conditions and rules of mandatory supervision. "(h) It shall be the duty of the Board at least ten days before ordering the parole of any prisoner or upon the granting of executive clemency by the Governor to notify the sheriff, the district attorney and the

district judge in the county where such person was convicted that such parole or clemency is being considered by the Board or by the Governor. "(i) If no parole officer has been assigned to the locality where a person is to be released on parole, mandatory supervision, or executive clemency the Board shall notify the chairman of the Voluntary Parole Board of such county prior to the release of such person. The Board shall request such Voluntary Parole Board, in the absence of a parole officer, for information which would herein be required of such duly appointed parole officer. This shall not, however, preclude the Board from requesting information from any public agency in such locality." "Sec. 20. The Board shall have the power and duty to make rules for the conduct of persons placed on parole and of persons released to mandatory supervision. "Sec. 21. (a) A warrant for the return of a paroled prisoner, a prisoner released to mandatory supervision, a prisoner released on emergency reprieve or on furlough, or a person released on a conditional pardon to the institution from which he was paroled, released, or pardoned may be issued by the Board on order by the Governor when there is reason to believe that he has committed an offense against the laws of this State or of the United States, violated a condition of his parole, mandatory supervision, or conditional pardon, or when the circumstances indicate that he poses a danger to society that warrants his immediate return to incarceration. Such warrant shall authorize all officers named therein to take actual custody of the prisoner and return him to the institution from which he was released. Pending hearing, as hereinafter provided, upon any charge of parole violation or violation of the conditions of mandatory supervision, the prisoner shall remain incarcerated. "(b) A prisoner for whose return a warrant has been issued by the Board shall, after the issuance of such warrant, be deemed a fugitive from justice and if it shall appear that he has violated the conditions or provisions of his mandatory supervision or parole, then the time from the issuing of such warrant to the date of his arrest shall not be counted as any part of the time to be served under his sentence. The law now in effect concerning the right of the State of Texas to extradite persons and return fugitives from justice, and Article 42.11 of this Code concerning the waiver of all legal requirements to obtain extradition of fugitives from justice, from other states to this State, shall not be impaired by this Act and shall remain in full force and effect. "Sec. 22. Whonever a prisoner or a person granted a conditional pardon is accused of a violation of his parole, mandatory supervision, or conditional pardon on information and complaint by a law enforcement officer or parole officer, he shall be entitled to be heard on such charges before the Board or its designee under such rules and regulations as the Board may adopt; providing, however, said hearing shall be a public hearing and shall be held within ninety days of the date of arrest under a warrant issued by the Board of Pardons and Paroles or the Governor and at a time and place set by the Board. When the Board has heard the facts, it may recommend to the Governor that the parole, mandatory supervision, or conditional pardon be continued, or revoked, or modified in any manner the evidence may warrant. When the Governor revokes a person's parole, mandatory supervision, or conditional pardon, that person may be required to serve the portion remaining of the sentence on which he was released, such portion remaining to be calculated without credit for the time from the date of his release to the date of revocation.

When a warrant is issued by the Board of Pardons and Paroles or the Governor charging a violation of release conditions, the sentence time credit shall be suspended until a determination is made by the Board of Pardons and Paroles or the Governor in such case and such suspended time credit may be re-instated by the Board of Pardons and Paroles should such parole, mandatory supervision, or conditional pardon be continued." "Sec. 24. When any prisoner who has been paroled or released to mandatory supervision has complied with the rules and conditions governing his release until the end of the term to which he was sentenced, and without a revocation of his parole or mandatory supervision, the Board shall make a final order of discharge and issue the prisoner a certificate of discharge." "Sec. 26. The Board of Pardons and Paroles shall have general responsibility for the investigation and supervision of all prisoners released on parole and to mandatory supervision. For the discharge of this responsibility, there is hereby created with the Board of Pardons and Paroles, a Division of Parole Supervision. Subject to the general direction of the Board of Pardons and Paroles, the Division of Parole Supervision, including its field staff shall be responsible for obtaining and assembling any facts the Board of Pardons and Paroles may desire in considering parole eligibility, in establishing a mandatory supervision plan, and for investigating and supervising paroled prisoners and prisoners released to mandatory supervision to see that the conditions of parole and mandatory supervision are complied with, and for making such periodic reports on the progress of parolees and prisoners released to mandatory supervision as the Board may desire. "Sec. 27. All information obtained in connection with inmates of the Texas Department of Corrections subject to parole, release to mandatory supervision, or executive clemency or individuals who may be on mandatory supervision or parole and under the supervision of the division, or persons directly identified in any proposed plan of release for a prisoner, shall be confidential and privileged information and shall not be subject to public inspection; provided, however, that all such information shall be available to the Governor and the Board of Pardons and Paroles upon request. It is further provided, that statistical and general information respecting the parole and mandatory supervision program and system, including the names of paroled prisoners, prisoners released to mandatory supervision, and data recorded in connection with parole and mandatory supervision services, shall be subject to public inspection at any reasonable time. "Sec. 28. Salaries of all employees of the Division of Parole Supervision shall be governed by Appropriation Acts of the Legislature. The Board of Pardons and Paroles shall appoint a Director of the Division, and all other employees shall be selected by the Director, subject to such general policies and regulations as the Board may approve. "It is expressly provided, however, that no person may be employed as a parole officer or supervisor, or be responsible for the investigations or supervision of persons on parole or mandatory supervision, unless he meets the following qualifications together with any other qualifications that may be specified by the Director of the Division, with the approval of the Board of Pardons and Paroles; four years of successfully completed education in an accredited college or university, and two years of full time paid employment in responsible correctional work with adults

or juveniles, social welfare work, teaching, or personnel work. Additional experience in the above categories may be substituted year for year for the required college education, with a maximum substitution for two years." "Sec. 30. In order to provide supervision of parolees, persons released to mandatory supervision, and persons granted executive clemency who reside in sparsely settled areas of the State and in localities not served by regularly employed parole officers, the Governor of this State is authorized to appoint chairmen of Voluntary Parole Boards for such areas or localities. The appointed chairman may, with the advice and approval of the Director of the Division of Parole Supervision, appoint additional members of such Voluntary Parole Boards. The term of service by such appointed chairmen of Voluntary Parole Boards shall not exceed the term of office of the appointing Governor; and the terms of service of locally appointed additional members of such Voluntary Parole Boards shall not exceed the terms of office of the director. However, it is expressly provided that the terms of service by such chairmen and additional members of Voluntary Parole Boards may be continued by appropriate reappointments. The chairman of the Voluntary Parole Board shall be responsible for assigning supervision of parolees and of persons released to mandatory supervision to the members of such board. "Sec. 31. No person who is serving as a sheriff, deputy sheriff, constable, deputy constable, city policeman, Texas Ranger, state highway patrolman, or similar law enforcement officer, or as a prosecuting attorney, shall act as a parole officer or be responsible for the supervision of persons on parole or released to mandatory supervision."

Sec. 2. Subsections (a), (e), and (i) of Section 14A, Article 42.12, Code of Criminal Procedure, 1965, are amended ^[34] to read as follows: "(a) To aid and assist the Board of Pardons and Paroles in parole and mandatory supervision decisions, provision is hereby made for the appointment of parole commissioners." "(e) In matters of parole decisions and mandatory supervision revocation decisions, the commissioners shall have the same duties and authority as the board members. A parole panel, as hereinafter provided, may recommend the granting, denying, or revocation of parole, the revocation of mandatory supervision status, and may conduct parole revocation hearings and mandatory supervision revocation hearings. The commissioners may interview inmates for parole consideration, and they shall perform their duties as directed by the board in its rules and regulations affecting these commissioners." "(i) In matters of parole and release to mandatory supervision, the board members and commissioners may act in panels comprised of three persons in each panel. The composition of the respective panels shall be designated by the board. A majority of each panel shall constitute a quorum for the transaction of its business, and its decisions shall be by a majority vote. The functions given to the board throughout Article 42.12, Code of Criminal Procedure, 1965, as amended, may be enlarged and extend to the parole panels, as provided by board rules. The powers of the board and the board members can be delegated by the board to the parole panels and to the commissioners as needed for the convenience of and assistance to the board." 34. Vernon's .nn.C.C.P. art. 42.12, 8 14.4. subsecs. (a), (e), (1).

Sec. 3. Title 108, Revised Civil Statutes of Texas, 1925, as amended, is amended by adding 38 Article 6181-1 to read as follows: "Art. 6181-1. Inmate classification and good conduct time "Section I. For the purpose of this Article: "(1) 'Department' means the Texas Department of Corrections. "(2) 'Director' means the Director of the Texas Department of Corrections. "(3) 'Inmate' means a person confined by order of a court in the Texas Department of Corrections, whether he is actually confined in the institution or is under the supervision or custody of the Board of Pardons and Paroles. "(4) 'Term' means the maximum term of confinement in the Texas Department of Corrections stated in the sentence of the convicting court. When two or more sentences are to be served consecutively and not concurrently, the aggregate of the several terms shall be considered the term for purposes of this Article. When two or more sentences are to run concurrently, the term with the longest maximum confinement will be considered the term for the purposes of this Article. "Sec. 2. The department shall classify all inmates as soon as practicable upon their arrival at the department and shall reclassify inmates as circumstances may warrant. All inmates shall be classified according to their conduct, obedience, industry, and prior criminal history. The director shall maintain a record on each inmate showing all classifications and reclassifications with dates and reasons therefor. "Sec. 3. (a) Inmates shall accrue good conduct time based upon their classification as follows: "(1) 20 days for each 30 days actually served while the inmate is classified as a Class I inmate; "(2) 10 days for each 30 days actually served while the inmate is classified as a Class II inmate; and "(3) 10 additional days for each 30 days actually served if the inmate is a trusty. "(b) No good conduct time shall accrue during any period the inmate is classified as a Class III inmate or is on parole or under mandatory supervision. "Sec. 4. Good conduct time applies only to eligibility for parole or mandatory supervision as provided in Section 15, Article 42.12, Code of Criminal Procedure, 1965, as amended, and shall not otherwise affect the inmate's term. Good conduct time is a privilege and not a right. Consequently, if during the actual term of imprisonment in the department, an inmate commits an offense or violates a rule of the department, all or any part of his accrued good conduct time may be forfeited by the director. The director may, however, in his discretion, restore good conduct time forfeited under such circumstances subject to rules and policies to be promulgated by the department. Upon revocation of parole or mandatory supervision, the inmate loses all good conduct time previously accrued, but upon return to the department may accrue new good conduct time for subsequent time served in the department. "Sec. 5. If the release of an inmate falls upon a Saturday, Sunday, or legal holiday, the inmate may, at the discretion of the director, be released on the preceding workday."

Sec. 4. Section 28, Chapter 212, Acts of the 40th Legislature, Regular Session, 1927, as amended (Article 616621, Vernon's Texas Civil Statutes), is amended ^[36] to read as follows: "Sec. 28. "When a convict is entitled to a discharge from the State penitentiary, or is released therefrom on parole, mandatory supervision, or conditional pardon, the Director of the Department of Corrections or his Executive Assistant shall prepare and deliver to him a written discharge or release, as the case may be, dated and signed by him with seal annexed, giving convict's name, the name of the offense or offenses for which he was convicted, the term of sentence imposed and the date thereof, the county in which he was sentenced, the amount of commutation received, if any, the trade he has learned, if any, his proficiency in same, and such description of the convict as may be practicable. He shall be furnished, if needed, suitable civilian clothes, and all money held to his credit by any official of the Texas Department of Corrections shall be delivered to him. "The amount of money which a convict is entitled to receive from the State of Texas when he is discharged from the State penitentiary or released from the State penitentiary on parole, mandatory supervision, or conditional pardon shall be $\$200$ ."

Sec. 5. Sections 1 and 6, Chapter 493, Acts of the 61st Legislature, Regular Session, 1969 (Article 6166x-3, Vernon's Texas Civil Statutes), is amended ^[37] to read as follows: "Section 1. The Texas Department of Corrections is hereby authorized to grant work furlough privileges, under the 'Work Furlough Plan,' as hereinafter provided, which may include programs and procedures for inmates to contribute restitution or reparation to victims of the prisoner's crime, as established by the judgment of the court that sentenced the prisoner to his term of imprisonment, to any inmate of the state prison system serving a term of imprisonment, under such rules, regulations, and conditions as the department of corrections may prescribe." "Sec. 6. Every prisoner gainfully employed under work furlough privileges is liable for the cost of his keep in the prison or quarters as may be fixed by the department of corrections. Such payments shall be deposited periodically, but at least annually, in the general revenue fund of the state. After deduction of such amounts the director of the department of corrections shall disburse the wages or salaries of employed prisoners for the following purposes and in the order stated: "(1) necessary travel expense to and from work and other incidental expenses of the prisoner; " "(2) support of the prisoner's dependents, if any; "(3) restitution or reparation to the victim of the prisoner's crime for which he is serving a term of imprisonment, the total amount of such restitution or reparation as may be established by the court and entered in the judgment of the court that sentenced the prisoner to his term of imprisonment; "(4) the balance, if any, to the prisoner upon his discharge." Sec. 6. Article 48.05, Code of Criminal Procedure, 1965, Section 23, Chapter 212, Acts of the 40th Legislature, Regular Session, 1927 (Article 6166v, Vernon's Texas Civil Statutes), and Chapter 361, Acts of the 48 th

Ch. 347 65th LEGISLATURE-REGULAR SESSION

Legislature, Regular Session, 1943, as amended (Article 6184/, Vernon's Texas Civil Statutes) are repealed. ^[35]

Sec. 7.36 This Act applies only to inmates sentenced to the Texas Department of Corrections for an offense committed on or after the effective date of this Act. Inmates sentenced for an offense committed prior to the effective date of this Act are governed by the law existing before the effective date, which is continued in effect for this purpose. For the purpose of this Act, an offense is committed on or after the effective date if any element of the offense occurs on or after the effective date.

Sec. 8. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Passed the senate on March 23, 1977: Yeas 24, Nays 7; May 18, 1977, senate refused to concur in house amendments and requested appointment of Conference Committee; May 20, 1977, house granted request of the senate; May 27, 1977, senate adopted Conference Report: Yeas 23, Nays 7; May 28, 1977, vote by which adopted reconsidered and Conference Report withdrawn; May 30, 1977, senate adopted Conference Report: Yeas 22, Nays 8; passed the house, with amendments, on May 13, 1977: Yeas 103, Nays 26, one present not voting; May 20, 1977, house granted request of the senate for appointment of Conference Committee; May 30, 1977, house adopted Conference Report: Yeas 82, Nays 62, one present not voting. Approved June 10, 1977. Effective Aug. 29, 1977, 90 days after date of adjournment. 35. Vernon's Ann.C.C.P. art. 48,92; Ver39. Vernon's Ann.C.C.P. art. 42.12 note. non's Ann.Civ.St. arts. 6165v. 61841, repealed.

(1) the role of the community justice assistance division and the Board of P'ardons and Paroles division of the Texas Department of Criminal Justice in: (A) encouraging and referring persons to the program; and (B) ensuring that those persons participate in the program and avail themselves of its services; (3) the role of the Commission in developing and maintaining a statewide network for finding positions of employment that require the skills possessed by program participants and in helping those participants to secure employment; and (4) the methods by which the Commission shall coordinate its efforts under this section with the operations of service providers operating under the Texas JobTraining Partnership Act (Article 441.852), Vernon's Texas Civil Statutes). (c) The Commission shall coordinate the development of the memorandum of understanding. The Texas Department of Criminal Justice shall adopt rules as necessary to implement the memorandum and may amend the memorandum and those rules as necessary. (d) The administrator of the Commission shall designate a person to serve as state director of the program to coordinate the efforts of the affected state agencies and to expedite the delivery of services to participants in the program, including prospective employers. (e) The program director shall: (1) propose, for adoption by the Commission, standards and guidelines for the operation of the program; (2) obtain information from appropriate state agencies and offices affiliated with the program to determine any necessary changes in the program; (3) disseminate information about the program on a statewide basis; and (4) train Commission staff to assist in the operation of affiliated services.

SECTION 4.24. Sections 5 and 6, Article 42.03, Code of Criminal Procedure, are repealed.

SECTION 4.25. Section 15(f)(2), Article 42.12, Code of Criminal Procedure, is repealed.

ARTICLE 5

SECTION 5.01. Article 42.18, Code of Criminal Procedure, is amended to read as follows:

Art. 42.18. ADULT PAROLE AND MANDATORY SUPERVISION LAW Sec. 1. INTENT. It is the intent of this article to provide for the release of appropriate persons on parole and [for-the-method-thereof-to-designate-the-Board-of P'ardons-and-Paroles-as-the-agency-of-state-government-with-exclusive-authority-to determine-paroles-and-to-further designate-the-board-as-responsible-for-the-investigation and-supervision-of-persons-released-on-parole. It is the-intent-of-this-article] to aid all prisoners to readjust to society upon completion of their period of incarceration by providing a program of mandatory supervision for those prisoners not released on parole or through executive clemeney [and-to-designate-the-board-as-the-agency-of-government responsible-for-the-program]. It is the final intent [purpose] of this article to remove from existing statutes the limitations, other than questions of constitutionality, that have acted as barriers to effective systems of parole and mandatory supervision in the public interest.

Sec. 2. DEFINITIONS. In [This-article-may-be-cited-as-the-"Adult-Parole-and Mandatory-Supervision-Law-" [Unless the context otherwise requires, the following definitions shall apply to the specified words and phrases as used-in] this article: (1) [a.] "Parole" means the conditional release of an eligible prisoner from the physical custody of the institutional division of the Texas Department of Criminal Justice [Texas Department of Corrections] to serve the remainder of his sentence under

he has served plus any accrued good conduct time equal the maximum term to which he was sentenced. A prisoner released to mandatory supervision shall, upon release, be deemed as if released on parole. To the extent practicable, arrangements for the prisoner's proper employment, maintenance, and care shall be made prior to his release to mandatory supervision. The period of mandatory supervision shall be for a period equivalent to the maximum term for which the prisoner was sentenced less calendar time actually served on the sentence. The time served on mandatory supervision is calculated as calendar time. Every prisoner while on mandatory supervision shall remain in the legal custody of the state and shall be amenable to conditions of supervision ordered by the board. A prisoner may not be released to mandatory supervision if the prisoner is serving a sentence for an offense and the judgment for the offense contains an affirmative finding under Subdivision (2), Subsection (a), Section 3g, Article 42.12, of this code or if the prisoner is serving a sentence for: (1) a first degree felony under Section 19.02, Penal Code (Murder); (2) a capital felony under Section 19.03, Penal Code (Capital Murder); (3) a first degree felony or a second degree felony under Section 20.04, Penal Code (Aggravated Kidnapping); (4) a second degree felony under Section 22.011, Penal Code (Sexual Assault); (5) a second degree or third degree felony under Section 22.02, Penal Code (Aggravated Assault); (6) a first degree felony under Section 22.021, Penal Code (Aggravated Sexual Assault); (7) a first degree felony under Section 22.03, Penal Code (Deadly Assault on Law Enforcement or Corrections Officer or Court Participant); (8) a first degree felony under Section 22.04, Penal Code (Injury to a Child or an Elderly Individual); (9) a first degree felony under Section 28.02, Penal Code (Arson); (10) a second degree felony under Section 29.02, Penal Code (Robbery); (11) a first degree felony under Section 29.03, Penal Code (Aggravated Robbery); or (12) a first degree felony under Section 30.02, Penal Code (Burglary), if the offense is punished under Subsection (d)(2) or (d)(3) of that section. (d)(1) If a prisoner is sentenced to consecutive felony sentences under Article 42.08 of this code, the board shall designate during each sentence the date, if any, on which the prisoner would have been eligible for release on parole if the prisoner had been sentenced to serve a single sentence. (2) For the purposes of Article 42.08 of this code, the judgment and sentence of a prisoner sentenced for a felony, other than the last sentence in a series of consecutive sentences, cease to operate: (A) when the actual calendar time served by the prisoner equals the sentence imposed by the court; or (B) on the date the board designates as the date on which the prisoner would have been eligible for release on parole if the prisoner had been sentenced to serve a single sentence. (3) The board may not treat consecutive sentences as a single sentence for purposes of parole and may not release on parole a prisoner sentenced to serve consecutive felony sentences earlier than the date on which the prisoner becomes eligible for release on parole from the last sentence imposed on the prisoner. (4) Calendar time served and good conduct time accrued by a prisoner that are used by the board in determining when a judgment and sentence cease to operate may not be used by the board: (A) for the same purpose in determining that date in a subsequent sentence in the same series of consecutive sentences; or

Sec. 22. CONTRACTS FOR SUPERVISION. [27- (a)] The board [Board of Pardons and Paroles] shall request proposals and shall [may] award contracts to departments [district-probation offices] to provide parole services to persons released to the supervision of the board. Not later than January 1, 1991, the board shall enter into contracts under this section that provide for the supervision of at least five percent of all persons who would otherwise be supervised by the board. [The board-may-award-a contract under this section if the board determines that: [(i)-the district-probation office-proposing to enter into the contract can provide qualified officers, types and levels of supervision, and a reporting system that are acceptable to the department; and [(2)-the services can be provided at a cost that is not less than 10 percent lower than the cost to the board of providing the same services. [(b)-A contract entered into under this section must contain: (1)-a requirement that the district probation offices provide qualified officers, types and levels of supervision, and a reporting system that are acceptable to the board; and [(2)-a provision authorizing the board to monitor the performance of the district probation offices to determine if the office is in compliance with the contract. [ic] The board shall specifically request the district probation offices serving Tarant County and the district probation offices serving Potter County to enter into a contract under this section. If a district probation offices submit a proposal under this subsection that is acceptable to the board under the standards, terms, and conditions of this section, the board shall award the offices a contract with a duration of two years.] Sec. 23 [28]. ELECTRONIC MONITORING. [(a)] In order to establish and maintain electronic monitoring programs as authorized by [Section 8(g) of] this article, the board [Board-of-Pardons-and-Paroles] may fund electronic monitoring programs in parole offices, develop standards for the operation of electronic monitoring programs in parole offices, and provide funds for the purchase, lease, or maintenance of electronic monitoring equipment. In determining whether electronic monitoring equipment should be leased or purchased, the board shall take into consideration the rate at which technological change makes electronic monitoring equipment obsolete [serving counties with a population of 400,000 or more, as determined by the Criminal Justice Coordinating Council, on the basis of the best information available to the council. [(b)-If the board determines that programs funded under Subsection (a) of this section are of a sufficient quality and are cost effective, the commission may: [(i)-develop standards for the operation of electronic monitoring programs in parole offices throughout the state; and [(2)-provide funds for the purchase or lease and maintenance of electronic monitoring equipment. [ic] The board shall seek funding for an electronic monitoring program on a priority basis]. Sec. 24 [29]. SPECIAL PROGRAMS. (a) The Texas Board of Criminal Justice, if funds are appropriated to the board for that purpose, [Pardons and Paroles] may enter into contracts for the provision of certain services to be provided to releasees under the supervision of the board, including the following: (1) services to releasees who have a history of mental impairment [health] or mental retardation; (2) services to releasees who have a history of substance abuse; or (3) services to releasees who have a history of sexual offenses. (b) The board shall seek funding for the contracts from the legislature as a priority item. Sec. 25 [30]. INTENSIVE SUPERVISION. The board shall establish a program to provide intensive supervision to inmates released under the provisions of Article 61840, Revised Statutes, and other inmates determined by the board to require intensive supervision. The program must provide the highest level of supervision provided by the 3546 board. [The proy officers, a high-f officers of not me [See, 35.-The if are authorized to secure corrections. Sec. 26. COMB. ate or contract for to house, maintain (1) persons res. sion under Sect. facility; and (2) persons wht or modified unit imposed under $tl$ . (b) The purpose supervision, course programs for perso (c) The board ma facility, or change $t_1$ based facility unless on the issues in the division under Secti action under Section that the board establish of the 81st Legislatus Statutes), or under A (d) The Texas Boa management of comm (e) The board may authorized by this se administrative costs of imposed under this $x$ services to the person $c$ a community-based fa authorized by this sect (f) A parole panel o: person placed in a comt employment, education (g) The board may ent or supplement housing, facilities. A person hou contract is subject to the provided directly by the SECTION 5.02. (a) Th Pardons and Paroles on or December 31, 1989, expire been serving as members (b) Of the initial membe terms expiring on Februar) six to serve terms expiring initial members of the new years. (c) The powers, duties, a Paroles are disposed of as ;

board. The program must also provide extensive case planning on the part of parole officers, a high frequency of contact between officers and parolees, and a caseload for officers of not more than 40 parolees. [See 35. The Board of Pardons and Paroles and the Texas Department of Corrections are authorized to enter into interagency contracts for the placement of offenders in secure correctional facilities authorized by Article 6166g-2, Revised Statutes.]

See 28. COMMUNITY-BASED FACILITIES. (a) The board may establish and operate or contract for the operation of community-based intermediate sanction facilities to house, maintain, and provide services for: (1) persons required by the board as a condition of parole or mandatory supervision under Section 8(g) of this article to serve a period in a community-based facility; and (2) persons whose release on parole or mandatory supervision has been continued or modified under Section 14(a) of this article, and on whom sanctions have been imposed under that section. (b) The purpose of a facility authorized by this section is to provide housing, supervision, counseling, personal, social, and work adjustment training, and other programs for persons described by Subsection (a) of this section. (c) The board may not establish, enter into a contract for a community-based facility, or change the use of or significantly increase the capacity of a communitybased facility unless the board provides notice of the proposed action and a hearing on the issues in the same manner required of the community justice assistance division under Section 10, Article 42.131, of this code before the division takes an action under Section 5 of that article. This section applies to any residential facility that the board establishes or contracts for under this article, under Chapter 493, Acts of the 81st Legislature, Regular Session, 1989 (Article 6168x-3, Vernon's Texas Civil Statutes), or under Article 6168x-4, Revised Statutes. (d) The Texas Board of Criminal Justice shall adopt rules necessary for the management of community-based facilities authorized by this section. (e) The board may charge a reasonable fee to a person housed in a facility authorized by this section for the cost of housing, board, and that part of the administrative costs of the facility that may be properly allowable to the person. A fee imposed under this subsection may not exceed the actual costs to the board for services to the person charged for the services. The board may not deny placement in a community-based facility to a person because that person is unable to pay a fee authorized by this section. (f) A parole panel or a designee of the board may grant a limited release to a person placed in a community-based facility so that the person may maintain or seek employment, education or training courses, or housing after release from the facility. (g) The board may enter into a contract with a public or private vendor to provide or supplement housing, board, or supervision for persons placed in community-based facilities. A person housed or supervised in a facility operated by a vendor under a contract is subject to the same provisions of law as if the housing or supervision were provided directly by the board.

SECTION 5.62. (a) The governor shall appoint the new members to the Board of Pardons and Paroles on or before January 1, 1990, and the terms of members serving on December 31, 1989, expire on that date. Of the new appointees, at least three must have been serving as members of the Board of Pardons and Paroles on September 1, 1989. (b) Of the initial members of the new board, the governor shall appoint six to serve terms expiring on February 1, 1991, six to serve terms expiring on February 1, 1993, and six to serve terms expiring on February 1, 1995. On the expiration of the terms of the initial members of the new board, the term of a member appointed by the governor is six years. (c) The powers, duties, and obligations of the members of the Board of Pardons and Paroles are disposed of as provided by Section 1.20 of this Act.

3547

SECTION 8.03. Section 6, Chapter 696, Acts of the 70th Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas Civil Statutes), is amended to read as follows:

Sec. 6. AMOUNT OF OUTSTANDING BONDS. At any one time, the combined amount of outstanding revenue bonds and outstanding general obligation bonds issued under this Act may not exceed $900 [$550] million.

SECTION 8.04. (a) This section applies to bond proceeds distributed for use by the Texas Department of Mental Health and Mental Retardation, the Texas Department of Corrections, the Texas Youth Commission, or the Department of Public Safety.

(b) Proceeds of bonds authorized by this Act may not be used to finance a project unless the agency using the proceeds has submitted to the Legislative Budget Board specific plans for the project. If required by the General Appropriations Act, project plans must be approved by the Legislative Budget Board before the bond proceeds are expended.

SECTION 8.05. The Texas Public Finance Authority may not issue bonds under Section 4(a)(2), Chapter 696, Acts of the 70th Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas Civil Statutes), as added by this Act, before September 1, 1991, unless the comptroller has determined that the total amount of debt service that the state will be required to pay during the biennium ending September 1, 1991, on those bonds and all other bonds previously issued under Section 4(a)(2) will not exceed $24 million. On request of the comptroller, the authority shall provide the comptroller with information the comptroller considers necessary to make that determination. The comptroller shall submit the determination in writing to the authority and the bond review board.

ARTICLE 9

SECTION 9.01. (a) Except as provided by Subsections (b) and (c) of this section, this Act takes effect September 1, 1989.

(b) Sections 8.02 and 8.03 of this Act take effect on the date on which the constitutional amendment proposed by S.J.R. 24, 71st Legislature, Regular Session, 1989, takes effect. If that amendment is not approved by the voters, those sections have no effect.

(c) The following provisions have immediate effect:

(1) Section 8(a) and Section 13, Article 42.18, Code of Criminal Procedure, as amended by Section 5.01 of this Act;

(2) Chapter 493, Acts of the 61st Legislature, Regular Session, 1969 (Article 6166x-3, Vernon's Texas Civil Statutes), as amended by Section 4.19 of this Act;

(3) Section 4, Article 42.03, Code of Criminal Procedure, as amended by Section 4.06 of this Act; and

(4) Section 3(c), Article 6181-1, Revised Statutes, as amended by Section 4.18 of this Act.

SECTION 9.02. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force according to its terms, and it is so enacted.

Passed by the House on May 4, 1989, by the following vote: Yeas 136, Nays 2; that the House refused to concur in Senate amendments to H.B. No. 2335 on May 22, 1989, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 2335 on May 29, 1989, by the following vote: Yeas 144, Nays 0, 1 present, not voting; passed by the Senate, with amendments, on May 19, 1989, by the following vote: Yeas 31, Nays 0; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 2335 on May 28, 1989, by the following vote: Yeas 28, Nays 0.

State of Oexits

Texas Department of Criminal Justice Pandons and Parole Division Certificate of Mandatory Supervision

Date of issuance: $12/11/2005$

Hama

JOHNSON, EDDIE DON Legal county of residence HARRIS

TOCJ: 0

00344033 SID: 0 01407144

Aodroved county of release HARRIS

Location: Unit KN, TOCJ-ID Causes: 375537 575534

The Texas Department of Criminal Justice Institutional Division (TOCJ-ID) of the State of Texas has determined that said offender is eligible for Mandatory Supervision under the provisions of Chester 500, Texas Gov't. Code. INSREFOVE, the Texas Board of Persons and Paroles (Board) hereby ensure that said offender be released under Mandatory Supervision and shall immediately report to the office indebted below for supervision. REID CONN. CORR. FACILITY 10980 SEAUNONT HNY 90 HOUSTON, TX 77070 (713)675-0426

Report immediately &; directly to your halfway house (HNN). If verifiable transportation delays or other emergency occurs, contact the HNN immediately. Failure to do so will cancel further gate money and result in the issuance of arrest warrant. and shall be permitted to be at liberty in the legal custody of the State of Texas but subject to the orders of the Board and the Texas Department of Criminal Justice Parole Division, and under the rules and conditions of Mandatory Supervision herein. The period of Mandatory Supervision shall be for a period equivalent to the maximum time for which the offender was sentenced to be oriented in the sentence. The time to be served under Mandatory Supervision is also calculated as calendar time. The certificate shall become effective when eligibility requirements for Mandatory Supervision under Chester 500, Texas Gov't. Code have been set or when Mandatory Supervision is ordered by the Board of Persons and Paroles.

STATUTORILT AMONITED CONDITIONS

Unless otherwise provided, I shall reside in the county in which I resided at the time I completed the offenses for which I was sentenced to the Institutional Division or the county of the offense for which I was sentenced to the Institutional Division if I was not a resident of the State of Texas. I shall demonstrate an educational skill level that is equal to or greater than the average skill level of students who have completed the sixth grade in a public school in the State of Texas. I shall submit to texting for alcohol or controlled substances. I shall not communicate directly or indirectly with the victim; go to or near the residence, place of employment, or business of the victim; or go to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. I shall not intentionally or knowingly communicate directly or indirectly with, nor intentionally or knowingly go near a residence, school, place of employment, or business of the offense for which I was sentenced to the Institutional Division. I shall reimburse the State of Texas for the costs of any Post-Secondary Educational Programs is which I participated in TOCJ. Under written instruction from an supervision officer. I shall participate in a drug or alcohol continued of care treatment program. I shall register as a sec offender under Chester 42, Code of Criminal Precautors. I shall not go in, on or within a distance specified by a carels panel of premises where children commonly gather, nor shall I supervise or participate in any Program that includes as particlants or recipients, persons who are if years of age or younger, and I shall attend psychological counseling as specified by my supervising officer. I shall perform not less than 500 hours of community service at a service project designated by a carels panel.

SPECIAL CONDITIONS

SISP - I shall comply with Super intensive Supervision Program conditions.

ISSUED BY DROST OF THE BOARD OF PARDONS AND PAROLES AT AUSTIN, TEXAS ON THE 11TH DAY OF DECEMBER. THE

REID FACILITY DISCIPLINARY REPORT

NUMBER OF OFFENSE

Major: $$ Minor: $$

| 3. Resident Name: | 4. TDCJ# 364033 | | :--: | :--: | | 5. Place of Incident: | 7. Code |

1. Description of Incident ( if more spaces are needed, continue on back) on the date and time listed above in (place)

2. Description of physical avidance taken: the not mort state for his wailly aragmal meeting reason.

3. Witness Name:

4. Signature of reporting Employee/ Date/ Time: Defiesin 200002:000

5. Name and title of reporting employee (Print): 57 shnson Case 2

6. Resident Notification

I have received a copy of the charge(s) alleged against me.

Notifying Official/ Title: 1990 You have the right to appear before a hearing officer 24 hours or more after receipt of this notice. Yt have the right to have an opportunity to be heard, call witness and submit a written statement. By signing here you give up the right to 24 hour notice and authorize the Hearing Officer to proceed wit the hearing.

1. Accused Statement and Attitude:

2. Investigation Section Investigation Comments and Conclusions:

3. I wish to waive my right to a Disciplinary Hearing: Yes No

Resident's Signature 17. Resident's Plea: Gulity: $$ Not Guilty: $$ 18. Hearing Officer/Committee Decision: Guilty: $$ Not Guilty: $$ Sanction(s) Imposed:

SANTOCHNIS TIP 8 Extra duty: Chest refined any Co - operation in this matter and considered quilty and 8 hour extra duty hours was imposed

Resident Signature: $$ 8 - 10 - 15 Sign Date: $$ 8-3-04

$$\frac{O8-03-04}{HearingData/\text{Time}}{\int }_{0945hrs}\frac{1045hrs}{24}$$

REID FACILITY DISCIPLINARY REPORT

NUMBER OF OFFENSE

Major: $$ Minor

1. Description of Incident ( If more spaces are needed, continue on back) on the date and time listed above in (placa) - 2014/2.

Resident Narnie: - 2014

1. Description of physical evidence taken: 2014/2015. 2014/2015. 2015/2016. 2016/2017. 2017/2018. 2018/2019. 2019/2020. 2020/2021. 2021/2022. 2022/2023. 2023/2024. 2024/2025. 2025/2026. 2026/2027. 2028/2029. 2029/3029. 2030/3031. 2031/32. 2032/33. 2033/34. 2034/35. 2035/36. 2036/37. 2038/39. 2039/40. 2040/41. 2041/42. 2042/43. 2043/44. 2044/45. 2045/46. 2047/48. 2048/49. 2049/50. 2050/51. 2051/52. 2052/53. 2053/54. 2054/55. 2055/56. 2056/57. 2057/58. 2058/59. 2059/60. 2060/61. 2061/62. 2062/63. 2063/64. 2064/65. 2065/66. 2066/67. 2067/68. 2068/69. 2069/70. 2070/71. 2071/72. 2072/73. 2073/74. 2074/75. 2075/76. 2076/77. 2077/78. 2078/79. 2079/80. 2080/81. 2081/82. 2082/83. 2083/84. 2084/85. 2085/86. 2086/87. 2088/89. 2089/90. 2090/91. 2091/92. 2092/93. 2093/94. 2094/95. 2095/96. 2096/97. 2097/98. 2098/99. 2099/100. 2010/11. 2011/12. 2012/13. 2013/14. 2014/15. 2015/16. 2016/17. 2017/18. 2018/19. 2019/20. 2020/21. 2021/22. 2022/23. 2023/24. 2024/25. 2025/26. 2026/27. 2027/28. 2028/29. 2029/30. 2030/31. 2031/32. 2032/33. 2033/34. 2034/35. 2035/36. 2036/37. 2037/38. 2038/39. 2039/40. 2040/41. 2041/42. 2042/43. 2043/44. 2044/45. 2045/46. 2046/47. 2047/48. 2048/49. 2049/50. 2050/51. 2051/52. 2052/53. 2053/54. 2054/55. 2055/56. 2056/57. 2057/58. 2058/59. 2059/60. 2060/61. 2061/62. 2062/63. 2063/64. 2064/65. 2065/66. 2066/67. 2067/68. 2068/69. 2069/70. 2070/71. 2071/72. 2072/73. 2073/74. 2074/75. 2075/76. 2076/77. 2077/78. 2078/79. 2079/80. 2080/81. 2081/82. 2082/83. 2083/84. 2084/85. 2085/86. 2086/87. 2087/88. 2088/89. 2089/90. 2090/91. 2091/92. 2092/93. 2093/94. 2094/95. 2095/96. 2096/97. 2097/98. 2098/99. 2099/100. 2010/11. 2011/12. 2012/13. 2013/14. 2014/15. 2015/16. 2016/17. 2017/18. 2018/19. 2019/20. 2020/21. 2022/23. 2023/24. 2024/25. 2025/26. 2026/27. 2027/28. 2028/29. 2029/30. 2030/31. 2031/32. 2032/33. 2033/34. 2034/35. 2035/36. 2036/37. 2037/38. 2038/39. 2039/40. 2040/41. 2041/42. 2042/43. 2043/44. 2044/45. 2045/46. 2046/47. 2048/49. 2049/50. 2050/51. 2051/52. 2052/53. 2053/54. 2054/55. 2055/56. 2056/57. 2057/58. 2058/59. 2059/60. 2060/61. 2061/62. 2062/63. 2063/64. 2064/65. 2065/66. 2066/67. 2067/68. 2068/69. 2069/70. 2070/71. 2071/72. 2072/73. 2073/74. 2074/75. 2075/76. 2076/77. 2077/78. 2078/79. 2079/80. 2080/81. 2081/82. 2082/83. 2083/84. 2084/85. 2085/86. 2086/87. 2087/88. 2088/89. 2089/90. 2090/91. 2091/92. 2092/93. 2093/94. 2094/95. 2095/96. 2096/97. 2097/98. 2098/99. 2099/100. 2010/11. 2011/12. 2012/13. 2013/14. 2014/15. 2015/16. 2016/17. 2017/18. 2018/19. 2019/20. 2020/21. 2021/22. 2022/23. 2023/24. 2024/25. 2025/26. 2026/27. 2027/28. 2028/29. 2029/30. 2030/31. 2031/32. 2032/33. 2033/34. 2034/35. 2035/36. 2036/37. 2037/38. 2038/39. 2039/40. 2040/41. 2041/42. 2042/43. 2043/44. 2044/45. 2045/46. 2046/47. 2047/48. 2048/49. 2049/50. 2050/51. 2051/52. 2052/53. 2053/54. 2054/55. 2055/56. 2056/57. 2057/58. 2058/59. 2059/60. 2060/61. 2061/62. 2062/63. 2063/64. 2064/65. 2065/66. 2066/67. 2067/68. 2068/69. 2069/70. 2070/71. 2071/72. 2072/73. 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1. Accused Statement and Attitude:

BOARD OF PARDONS AND PAROLES

Hearing Section

| RECOMMEND | REVOKE | PTRH | NON-REVOCATION ACTION | ISF | SAFP | RTSS | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | FIELDOFF | | | | | | | | HEARING OFF | | | | | | | | REVIEWER: | | | | | | | | ADDITIONAL RECOMMENDATIONS: | | | ( $◻$ SAFP BED CERTIED | | | ATTACHED |

BOARD DISPOSITION: $◻$ REVOKE $◻$ TISF $◻$ PROCEED TO REVOCATION HEARING (PTRH) $◻$ NON-REVOCATION ACTION: PENDING ADJUDICATION OF CHARGES $◻$ NON-REVOCATION ACTION: CONTINUE SUPERVISION REAFFIRM ANY EXISTING SPECIAL CONDITIONS OR MODIFY AS NOTED BELOW -

NON-REVOCATION ACTION: ALLOW TO DISCHARGE $◻$ REFER CASE BACK TO HEARING OFFICER FOR FURTHER DEVELOPMENT OF FACTUAL OR LEGAL ISSUES, WITH OR WITHOUT REOPENING THE HEARING, FOR THE FOLLOWING REASONS:

DISPOSITION DATE: $$ 09/02/04

DIST: CENTRAL HEARING SECTION HEARING OFF / C.D.OFORDILE/HOUSTON I SUPV OFF/J.CHENIER/HOUSTON ? AGT OFF/

Name: JOHNSON, EDDIE DO; Administrative Release Hearing Report No.: $00364033/01607144$ II. NOTATION AS TO CONDUCT OF A PRELIMINARY HEARING:

A Preliminary Hearing $◻$ man $/◻$ $$ the preliminary Hearing Report dated $$ is attached, if applicable.

III. PRELIMINARY MATTERS AND EVIDENTIARY PHASE:

A. The purpose of the Hearing and its implications were explained to the offender who voiced an understanding of the rights and elected to continue with the Hearing. B. The Hearing Officer swore all persons who participated in the Hearing to tell the truth. C. The Rule $◻$ was $/◻$ was not invoked. D. There $◻$ was $/◻$ was not a challenge to the neutrality of the Hearing Officer. E. Rights of the Offender: $⊠$ Rights were read and reviewed with the offender, who voiced an understanding of it. $◻$ The Offender, who was represented by Counsel, waived reading of the rights, after voicing an understanding of the rights as listed on the charging instrument, which were previously reviewed with him / her. F. Amendments / Additions to Allegations listed on the Charging Instrument: $⊠$ None $◻$ As follows: G. Other Preliminary Matters: $◻$ None $⊠$ As follows:

Counsel entered motion for continuance in order to establish whether or not the OFFENDER is under the jurisdiction of the Board of Pardons and Paroles. Motion Denied.

Parole Officer stated that OFFENDER was convicted of two counts of Murder with Deadly Weapon in 1982 and was sentenced to 60 years confinement in TDCJ-ID. She stated that OFFENDER was released from TDCJ-ID on 01/16/2004 to serve his remaining sentence on Parole until 11/12/2042, as indicated on Certificate of Mandatory Supervision. H. Additional Information / Status of Criminal Law Charges: $⊠$ None $◻$ As follows: I. Motions / Objections and Rulings / Determinations made during the Hearing: $◻$ None $⊠$ As follows:

Counsel entered Objection to the hearing been convened because the OFFENDER does not believe that he is under the authority of the Board of Pardons and Paroles. Objection OVERRULED.

Counsel entered Objections to Exhibits A and B (Certificate of Mandatory Supervision and Violation Report, respectively) because the OFFENDER does not believe that he is under the authority of the Board of Pardons and Paroles. Objections OVERRULED. Exhibits A and B ACCEPTED.

Counsel entered Objection to Exhibit C (Adjustment Statement) because the OFFENDER believes that it contains incomplete information with regard to page 3, where the penal code column was left blank. Objection OVERRULED. Exhibit C ACCEPTED.

1. Whether Johnson has ever received supervised release (if so, please state all dates on which Johnson received supervised release: if not, please state the reasons for Johnson not receiving supressed release).

Ans: Records maintained by the TDCI - Parole Division indicate that Johnson was released to mandatory supervision on January 16, 2004: At the time of his release, Johnson had a scheduled discharge date of November 12, 2042. (See Exhibit A, page 1 - 2, "The State of Texas Certificate of Mandatory Supervision").

1. Whether Johnson has been determined to be subject to "discretionary" mandatory supervision of so, please state the basis upon which applicant is under this status).

Ans: No, Johnson is not subject to discretionary mandatory supervision review under § 508.149 (b), Texas Government Code. Johnson is serving sentences for offenses committed prior to September 1, 1996. Therefore, his release to mandatory supervision is not discretionary, when his calendar time served and good time equal his total sentence as calculated by the TDCJ - Institutional Division Classification and Records Office, he will be released. Johnson's projected release date to mandatory supervision is currently calculated as October 24, 2017. 'Ains c Aileat 3. Whether Johnson has ever been denied mandatory supervision release when he accumulated the amount of time credits required for such release (if so, please state the legal basis and the specific reasons for Johnson being denied mandatory supervision: if not, please identify any dates in which Johnson was particularly released to mandatory supervision).

Ans: As noted previously, Johnson was released to mandatory supervision on January 16, 2004. Johnson's projected release date to mandatory supervision is currently calculated as October 24, 2017, and his maximum expiration date is June 10, 2043.

S-1511 Preston Ave., Houston Texas 77002

Memo

To: Prest 10 From: Visitation Officer Sucloon Subject: Denied Yisit Date: $\frac{315105}{15105}$ Please be-advised that Offender YALOSEN CHEMAL-1D# 315103, was denied a visit by $\{\begin{array}{c}\text{Nul}\text{visitor name}\hfill \end{array}$ and $\&\text{Nul}\&\text{fite!}$ for the following reasons:

Check one:

Not on approved visitation list. Inappropriate Identification (ID or Driver License did not match information on list) Inappropriate attire Inappropriate conduct Lied on relationship

Johnson, Eddie Don TDCJ# 364033 Page 2

| Offenses | Murder W/DW (2cts.) | | :-- | --: | | County | Harris | | Cause Numbers | 375536 | | Sentence | $375537$ | | Date of Sentence | $375537$ | | Date of Offense | $375537$ | | Sentence Begin Date | $10-29-1982$ | | TDCJ Receive Date | $11-21-1982$ | | Mandatory Supervision Release Date | $9-28-1983$ | | Maximum Expiration Date | $10-24-2017$ | | Total Flat Time Served | $6-10-2043$ | | Total Good Time | $24-\mathrm{y}\mathrm{r}\mathrm{s}6-\mathrm{m}\mathrm{o}\mathrm{s}17-\mathrm{d}\mathrm{a}\mathrm{y}\mathrm{s}$ | | Bonus Time | $5-\mathrm{y}\mathrm{r}\mathrm{s}9-\mathrm{m}\mathrm{o}\mathrm{s}22-\mathrm{d}\mathrm{a}\mathrm{y}\mathrm{s}$ | | | $1-\mathrm{m}\mathrm{o}30-\mathrm{d}\mathrm{a}\mathrm{y}\mathrm{s}$ |

Offender Johnson committed the offenses of Murder With Deadly Weapon on or about 10-29-1982, in Harris County, Texas, in cause numbers 375536 and 375537 . Johnson was sentenced to serve two- sixty (60) years in the Texas Department of Criminal Justice-Institutional Division out of the ${185}^{\text{th}}$ District Court of Harris County on 8-15-1983, with a sentence to begin on 11-21-1982.

Johnson was released from TDCJ custody on mandatory supervision on 1-16-2004, with a maximum expiration date of 11-12-2042. On 3-1-2005, a Pre-Revocation Warrant of Arrest was issued by the Parole Division. Johnson was arrested in Harris County on 8-5-2004, and mandatory supervision revoked on 3-25-2005. Offender Johnson was returned to TDCJ custody on 4-8-2005. At the point of readmission offender Johnson was charged for a period of 6 -months, and 19 -days as out of custody for an unsatisfactory term of mandatory supervision. The offender was additionally penalized by the forfeiture of prior earned goodtime credits as provided by TEX. GOV'T CODE 498.004(b). The offender was denied "street-time" pursuant to Section 508.283(b) of the TEX. GOV'T. CODE, due to current offenses of Murder With Deadly Weapon.

Pursuant to TEX. GOV'T CODE § 501.0081, TDCJ must respond to time credit disputes within 180-days of receipt by the Classification and Records Office. This office received a time dispute resolution form from offender on 5-11-2005, 6-20-3005, 10-25-2005, and 8-31-2006, and responded to the offender on 2-1-2006, 3-3-2006, 4-14-2006, and 5-10-2007. This office responded to the offender that there was no error in his current time calculations. The offender was further advised that if he was dissatisfied with this response that he should contact State Counsel for Offenders for further assistance.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

TO: Johnson, Eddie TOCJ# 364033 UNIT: LH FROM: Administrative Review &; Risk Management (C) (M)M

You should always attempt to resolve your problem informally at your unit with staff, department and security supervisors, or the warden. Verbal) communicate the problem, or submit an I-60 Offender Request to Official. Sending your concerns to the wrong department or agency in inappropriate and only delays valuable response time. Your prison-related issues can be addressed in a timely manner by directing them to the appropriate responsible TOCJ department listed below.

Your correspondence was forwarded to this office by the Executive Directors office. That office does not respond to offender complaints or requests. Please contact the appropriate unit staff with your concerns. If informal contact (verbally or I-60) with unit staff does not address your concerns you may then utilize the grievance procedure Offender Grievance Procedure: Issues regarding unit operations, disciplinary disputes, property issues, mail or any other matter relating to conditions of care or supervision may be formally addressed through the Offender Grievance Procedure if informal contact (verbally or I-60) with unit staff does not address your concerns. Submit your Step 1 grievance to the Grievance Department at your unit. If you appeal a decision to the next level, you must submit a Step 2 grievance along with the original answered Step 1 grievance to the Grievance Department at your unit. Allow ample time for the Grievance Department to investigate your complaint and return a reply to you. Step 2 grievances are reviewed by the regional authority or the Central Grievance Office if you are dissatisfied with the response on the Step 1. Directing grievances to unrelated offices may result in expiration of your grievable time period. If you wish to comment on the effectiveness and credibility of the grievance procedure, write a letter or send an I-60 request form to the grievance investigator at your unit, or forward to the Central Grievance office at P.O. Box 99, Huntsville, TX 77342-0099. If you have already pursued the issue through the Offender Grievance Procedure at Step 1 and Step 2; no other administrative remedies are available to you regarding the issue. You may pursue the matter in any manner you choose outside of the agency. $◻$ Offender Protection Issues (OPI): Immediately contact a correctional officer; security supervisor; warden; assistant warden; or the Classification Department at your unit. $◻$ Medical Care: The unit physician is the primary care provider at the unit level and is responsible for the determination of medical treatments, medications, medical restrictions, and scheduling of services. You should attempt to resolve your problem at the unit level first by contacting the unit medical administrator in writing (sick call request or 1-60 request form) for assistance. Subsequently, if you are not in agreement with the provider's response you may utilize the grievance process. You will not be transferred for medical reasons without the approval and recommendation of unit health care providers. Office of Inspector General (OIG) Investigation: Complaints or allegations relating to excessive or unreported use of force, physical harm by staff, or any crime committed by an offender or employee on state property should be directed to the Office of Inspector General, Investigation Division at P.O. Box 4003, Huntsville, TX, 77342. Full details must be provided in order to initiate an investigation in this manner. Classification: Issues related to time disputes; time calculations; sentencing; concurrent time and stacked time; jail time; forfeited good conduct time; back dated good conduct time; class; promotions; cell assignment; or information on various programs should be directed to the Classification Chief at your unit or the Classification &; Records Department at P.O. Box 99, Huntsville, TX, 77342-0099. $◻$ Transfer: Offenders are not at liberty to choose their unit of assignment. Notify the Classification Department at your unit if you have a reason that warrants a transfer. A request for a hardship transfer may be made if an immediate family member, listed on your approved visitation list, is unable to travel long distances. To be considered, you must be at least L1/G3, with no major disciplinary cases for 1 year and more than 200 miles from home. The family member may submit their request along with a letter from their doctor to verify the medical disability to Joni White, TDCJClassifications &; Records Department at P.O. Box 99; Huntsville, TX, 77342-0099. A transfer is not guaranteed, but the request will be reviewed for consideration

Religion: Any issue related to religious programs; services, holidays, or activities should be directed through the Chaplain at your unit or the TDCJ Chaplaincy Department at P.O. Box 99, Huntsville, TX, 17342-0099 $◻$ Parole: Parole review status issues should be directed to the Unard of Pardons and Paroles at P.O. Box 13401. Capitol Station. Austin. TX, 73711 $◻$ Education: Issues related to education should be directed to the Windham School Principal at your unit. Continuing Education issues should be directed to Windham School at P.O. Box 40, Huntsville, TX, 77342. You will not be considered for educational transfer without Windham recommendation. $◻$ Trust Fund &; Commissary: Issues related to your commissary account should be directed to Inmate Trust Fund at P.O Box 629, Huntsville, TX, 77342. Issues related to commissary purchases, items stocked, or special requests should be directed to the commissary supervisor at your unit. $◻$ Food Service: Issues related to meals, sack lunches, or special diet menus should be sent to the food service manager for resolution at your unit. If the issue is not resolved at the unit level, then contact the Director of Food Service at P.O. Box 99, Huntsville, TX, 77342-0099 or utilize the Grievance Procedure. $◻$ Legal Assistance: Issues such as conviction appeal, detainers, divorce, or child support should be directed to an offender's attorney or State Counsel for Offenders, Legal Services Section at P.O. Box 4005, Huntsville, TX, 77342-4005. $◻$ Law Library: All offender legal issues related to unit operations such as, access to courts; legal visits with other offenders; world attorney visits; indigent, legal or correspondence supplies; postage; policy; and state law information requests should be directed to the law library supervisor at your unit or researched yourself in the unit law library. If you disagree with a response from the law library staff, you may utilize the Grievance Procedure. $◻$ Security Threat Group (STG): If you feel you have been incorrectly identified as a member of a security threat group, or wish to begin the disassociation process, you should contact the Security Threat Group Officer (STGO) at your unit. The STGO will know the proper procedure to follow in having your STG status reviewed. You may also write to the Security Threat Group Management Office (STGMO) at P.O. Box 99; Huntsville, TX, 77342-0099. However, the STG Management Office relies more on requests and information submitted to them by the Unit STGO than directly from offenders.

Lockdowns &; Shakedowns: Unfortunately, offenders who had nothing to do with a disturbance are often included in a lockdown, and all offenders at a unit are affected by a semi-annual shakedown. The procedures for implementing a lockdown or shakedown are well established and have proven effective in restoring order and ensuring the security of the unit, as well as the safety of offenders and staff. That does not mean the process is pleasant for offenders or staff. If you feel procedures violate policies, you may utilize the Grievance Procedure.

The Executive Directors Office does not respond to offender complaints or requests.

STATEOFTEXAS BOARD OF PARDONS AND PAROLES PROCLAMATION OF REVOCATION AND WARRANT OF ARREST

TO ALL WHOM THESE PRESENTS SHALL COME: DPS#: .. $\frac{01607144}{1007144}$ TDCJ#: $384033$

WHEREAS EDDIE DON JOHNSON was convicted of a felony offense of the Penal Code and sentenced to imprisonment in the Institutinnal Division of the Texas Department of Criminal Justice, was released to administrative supervision and subsequently failed to fulfill the terms and conditions of said release.

NOW, THEREFORE THE BOARD OF PARDONS AND PAROLES, by virtue of the authority vested in it under the laws of the State, does hereby REVOKE that administrative release and same shall be null and void and of no force and effect as of this date. It is hereby ORDERED THAT A WARRANT be issued and the aforementioned person be returned to be confined in the institutional Division of the Texas Department of Criminal Justice.

TO ANY SHERIFF, PEACE OFFICER OR OTHER PERSON AUTHORIZED BY LAW TO MAKE ARRESTS, OR THE SUPERINTENDENT, WARDEN OR OTHER PERSON IN CHARGE OF ANY JAIL, PENITENTIARY OR OTHER PLACE OF DETENTION, FEDERAL OR STATE:

WHEREAS SUBJECT, has violated the conditions of administrative release, and the Board of Pardons and Paroles has revoked same;

NOW, THEREFORE IT IS ORDERED that any person to whom this proclamation and warrant shall come is hereby authorized and directed to arrest said fugitive administrative release violator and hold in custody, and deliver or yield said person to the custody of officers of the Institutional Division of the Texas Department of Criminal Justice of the State of Texas for return to said institution. All parties are hereby informed that said administrative release violator waived the right of extradition as a condition of administrative release. The process is issued upon the authority of the Board of Pardons and Paroles as provided in Article 42.18. Texas Code of Criminal Procedure and Chapter 508, Texas Government Code. THIS PROCLAMATION OF REVOCATION/WARRANT OF ARREST IS NOT SUBJECT TO BAIL.

By Board Chairman

ISSUE DATE $\frac{03/25/2005}{03-25-05-384033}$ BPP-COC-98 (R-09-24-03)

Board of Pardons and Paroles P. 0. Box 13401

Austin, TX 78711 (512) 406-5452

Teletype# BPPZ or ORJ# TX227015G Distribution: DPS TDCJ-ID DETAINING AUTHORITY

UNSWORN DECLARATION

1. EDDIE DUI JORNISON

TDCf NUMBERT 369833

Being presently incarcerated in the Inmes A. Lyutugn, Unit of the Texas Department of Criminal Justice, in $$ Pecos County, Texas

Declare under penalty of perjury that I am the applicant in the above and foregoing Motion. I have read said motion and the factual allegations of the same are true and Correct.

Executed on this $$ , day of $\frac{\text{SCPrrmBEd}}{}$ , 2015 .

Edde Monibebnsom 1236033 Edde Dus Jorhussom 1364031 , Movant, Pro Se

COURT OF APPERTS THIRD DISTRICT OF TEVAS 15 SEPTEMBER 24, 2015

EDDIE DON JOHNSON T.D.C.T-10. 434033

JAMES A. LIMANGH UNST 10483. HUGHWAY 2431

Foat 90000104. TEXAS $14735-9795$

JEFFERV G. KYLE, CLEAK COLLAT OF APPERLS THIRD DISTRICT OF TEXAS P.O. BOX 12541

BUSYLK, TEXAS 18711-2541

RE: COURT OF APPERLS NUMBER: 63 - 15 - 00343 -CL TRAAL COURT NUMBER D-1-6N-03-001402

SYLE: EDDIE, DOUN JOHNSON V. THE STATE OF TEXAS

DEAR JEFFERV G. KYLE, CLEAK

ENCLOSER PLEASE FEND A COPY OF AN REDUSITES OF BRIEFS. PLEASI FILE AMONG OTHER PARKS IN THIS CAUSE IN SUPPARI TO THE APPERL TO BE BROUCHT BEARIE THE HONDRAble JUSTICEES OF THE THIRD COURT OF APPERTS AT 3UGH TIME OF ANY HERABLNG IN THE ARREEMENTEDNED PROCEEDINGS.

THANK YOU FOR YOUR ASSISTANCE IN THIS MAJTER

SINCLARLY, Eddie A. M. M. M. M. M. M. EDDIE CONGENNSON M34033 Eddie CONGENNSON M361031 JAMES A. LIMANGH UNST 10483. HUGHWAY 2037 Foat 90000104. TEXAS $14735-9795$

NOTES

36. Vernon's Ann.Civ.St. art. 616621. 37. Vernon's Ann.Civ.St. art. 6166x-3, 14 1. 6.

If Mandatory Supervision is satisfactorily completed, assious supervision date will be.

Case Details

Case Name: Eddie Don Johnson v. Texas Department of Criminal Justice-Parole Division

Court Name: Court of Appeals of Texas

Date Published: Sep 18, 2015

Docket Number: 03-15-00343-CV

Court Abbreviation: Tex. App.