1. (a) This rule provides a forum for receipt and consideration of information not previously available to the parole panel where the decision of the panel was to deny release to parole or mandatory supervision. While affording a remedy for consideration of such information, the Board also intends by this rule to reduce frivolous and duplicate requests for special consideration.
2. (b) Requests for special review shall apply only to cases reviewed for release to parole or mandatory supervision where the decision of the parole panel was to deny release to parole or mandatory supervision.
3. (c) All requests for special review shall be in writing.

4. (d) Requests for special review shall be considered in the following circumstances:

   1. (1) a parole panel denied release to parole or mandatory supervision and a parole panel member who voted with the majority on that panel desires to have the decision reconsidered prior to the next review date; or
   2. (2) a petition on behalf of an offender cites information not previously available to the parole panel.
   3. (3) If both parole panel members who voted with the majority are no longer active board members or parole commissioners, the presiding officer (chair) or designated board member may place the decision in the special review process to be reconsidered prior to the next review date.

5. (e) Information not previously available shall mean only:

   1. (1) responses from trial officials and victims;
   2. (2) a change in an offender's sentence and judgment; or
   3. (3) an allegation that the parole panel commits an error of law or board rule.
6. (f) All requests for special review shall be filed with The Texas Board of Pardons and Paroles, Board Administrator, P.O. Box 13401, Austin, Texas 78711.
7. (g) The board administrator shall refer to the special review parole panel only those requests for special review which meet the criteria set forth herein.
8. (h) A special review parole panel, other than the current voting panel, shall decide and exercise final action on such requests for special review.

9. (i) Upon considering a case for special review, the special review parole panel may take the following action:

   1. (1) defer for request and receipt of further information;
   2. (2) deny special review; or
   3. (3) grant special review and revote the case in accordance with applicable provisions of Chapter 145 of this title (relating to Parole Process).

Source Note:The provisions of this §145.17 adopted to be effective February 3, 1999, 24 TexReg 788; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective July 13, 2004, 29 TexReg 6733.