37 Tex. Admin. Code § 141.111
Definition of Terms
Effective Sep 16, 201035 TexReg 8383Source Note: The provisions of this §141.111 adopted to be effective May 1, 1995, 20 TexReg 2861; amended to be effective August 14, 1996, 21 TexReg 7563; amended to be effective November 4, 1996, 21 TexReg 10437; amended to be effective June 30, 1997, 22 TexReg 5842; amended to be effective December 29, 1997, 22 TexReg 12540; amended to be effective February 3, 1999, 24 TexReg 786; amended to be effective November 14, 1999, 24 TexReg 9845; amended to be effective January 9, 2005, 29 TexReg 1223Texas Secretary of State
The following words and terms used within these rules shall have the following meanings, unless the context clearly indicates otherwise.
- (1) Administrative Violation of Parole or Mandatory Supervision--A technical violation of parole or mandatory supervision which does not allege criminal conduct.
- (2) Affinity (Marriage)--A husband-wife relationship (first degree). By virtue of the marriage, a spouse is also related to individuals related to the other spouse by blood (consanguinity), and the degree of relationship by affinity is the same as the underlying relationship of consanguinity. The ending of a marriage by divorce or death of a spouse ends relationships of affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives.
- (3) Board--The Texas Board of Pardons and Paroles, consisting of seven members appointed by the governor.
- (4) Commutation of sentence--An act of clemency by the governor which serves to modify the conditions of a sentence.
- (5) Conditional pardons--A form of executive clemency granted by the governor which serves to release the grantee from the conditions of his or her sentence and any disabilities imposed by law thereby, subject to the conditions contained in the clemency proclamation. A person released pursuant to the terms of a conditional pardon is considered, for purposes of revocation thereof, to be a releasee.
- (6) Consanguinity--A relationship in which one individual is related to another individual where one is a descendant of the other or where they share a common ancestor. An adopted child is considered to be a child of the adoptive parent for this purpose. The degree of relationship by consanguinity may be determined by adding the number of generations between an individual and the individual's ancestor or descendant.
- (7) Consanguinity within the third degree--An individual's relatives within the third degree by consanguinity are the individual's parent or child (relatives in the first degree); brother, sister, grandparent, or grandchild (relatives in the second degree); and great-grandparent, great-grandchild, aunt who is a sister of a parent of the individual, uncle who is a brother of a parent of the individual, nephew who is a child of a brother or sister of the individual, or niece who is a child of a brother or sister of an individual (relatives in the third degree).
- (8) CU/FI--Consecutive felony sentence vote that designates the date on which the offender would have been eligible for release on parole if the offender had been sentenced to serve a single sentence. This is not a vote to release on parole.
- (9) CU/NR--Consecutive felony sentence vote to deny favorable parole action and set for review on a future specific month and year (set-off).
- (10) CU/SA--Consecutive felony sentence vote to deny parole and not release the offender until the serve-all date.
- (11) DMS--Mandatory supervision vote to deny release to mandatory supervision and set for review on a future specific month and year (set-off).
- (12) Division--The Parole Division of the Texas Department of Criminal Justice.
- (13) Fiduciary--A person holding a position of trust, who has the duty, created by the undertaking, to act primarily for another's benefit in that undertaking.
- (14) Full Pardon--An unconditional act of executive clemency by the governor which serves to release the grantee from the conditions of his or her sentence and from any disabilities imposed by law thereby.
- (15) Further Investigation (FI)--An initial determination by a parole panel favorable to parole of an offender, subject to additional investigation and processing.
- (16) Hearing officer--A staff member designated by the board and assigned to conduct a preliminary or revocation hearing concerning one or more allegations of violation of the terms and conditions of parole, mandatory supervision, or conditional pardon.
- (17) Mandatory supervision--The non-discretionary release of an offender from incarceration, but not from the legal custody of the state, under such conditions and provisions for supervision as the parole panel may determine. For the purposes of revocation, the terms "parole" and "mandatory supervision" are interchangeable and reference to either one of said terms includes the other.
- (18) Mandatory supervision date--The date on which the release to mandatory supervision of an eligible offender may occur.
- (19) Offender--A person incarcerated in the TDCJ-Correctional Institutions Division, other penal institution, or jail serving a sentence imposed upon conviction of a felony.
- (20) Pardon--See the definition of "full pardon" set forth in this section.
- (21) Parole--The discretionary release of an offender from incarceration, but not from the legal custody of the state, under such conditions and provisions for supervision as a parole panel may determine.
- (22) Parole certificate--An order of the board incorporating the terms and conditions of release.
- (23) Parole panel--A three member decision-making body authorized to act in release matters. In certain cases, the full board acts as the parole panel.
- (24) Parolee--A person released from prison on parole (see definition of parole set forth in this section).
- (25) Party--Each person or agency named or admitted as a party.
- (26) Preliminary hearing--Hearing to determine whether probable cause exists to continue holding the offender in custody pending the outcome of the final hearing.
- (27) Pre-parole transfer--The transfer of an eligible offender, as defined in §499.002, Government Code, to a community residential facility, as defined in §499.001, Government Code.
- (28) Projected Release Date--The minimum expiration date as determined by the Texas Department of Criminal Justice.
- (29) Release plan--Proposed community and place of residence and proposed employment or proposed provision for maintenance and care of the releasee.
- (30) Remission of fine or forfeiture--An act of clemency by the governor releasing the grantee from payment of all or a portion of a fine or canceling a forfeiture of a bond.
- (31) Reprieve--A temporary release from the terms of an imposed sentence.
- (32) Revocation--The cancellation of parole, mandatory supervision, or of a conditional act of executive clemency which subjects the administrative releasee or grantee of the act of executive clemency to immediate incarceration or, in the instance of reprieve of a fine, to immediate payment of the fine.
- (33) RMS--Mandatory supervision vote to release to mandatory supervision when TDCJ determines that the offender has reached the projected release date.
- (34) Serve-All (SA)--A decision by the board to deny parole and not release the offender until the serve-all date.
- (35) Serve-All Date--The projected release date or minimum expiration date as determined by the Texas Department of Criminal Justice.
- (36) Trial officials--The present sheriff, each chief of police, prosecuting attorney, and judge in the county and court of conviction and release.
- (37) Victim--A person who is the victim of the offense of sexual assault, kidnapping, aggravated robbery, trafficking of persons, or injury to a child, elderly individual, or disabled individual or who has suffered personal injury or death as a result of the criminal conduct of another, as defined in the Texas Code of Criminal Procedure, Article 56.01 §3.
Source Note:The provisions of this §141.111 adopted to be effective May 1, 1995, 20 TexReg 2861; amended to be effective August 14, 1996, 21 TexReg 7563; amended to be effective November 4, 1996, 21 TexReg 10437; amended to be effective June 30, 1997, 22 TexReg 5842; amended to be effective December 29, 1997, 22 TexReg 12540; amended to be effective February 3, 1999, 24 TexReg 786; amended to be effective November 14, 1999, 24 TexReg 9845; amended to be effective January 9, 2005, 29 TexReg 12236; amended to be effective September 16, 2010, 35 TexReg 8383.