To aid the Board of Pardons and Paroles in its analysis and research of parole release, the board adopts the following policies.

1. (1) Release to parole is a privilege, not an inmate right, and the parole decision maker is vested with complete discretion to grant, or to deny parole release as defined by statutory law.

   1. (A) Candidates for parole are to be evaluated on an individual basis.
   2. (B) There are no mandatory rules or guidelines for analysis or set release criteria that must be followed in every case because each inmate is unique.
   3. (C) Since the board has the statutory duty to make release decisions which are only in the best interest of society, and when it thinks an inmate is able and willing to be a law-abiding citizen, set guidelines are merely optional tools to aid in the completely discretionary parole decision.

2. (2) An inmate will be considered for parole when eligible and when the inmate meets the following criteria with regard to behavior during incarceration.

   1. (A) Other than on initial parole eligibility, the person must not have had a major disciplinary misconduct report in the six-month period prior to the date he is reviewed for parole; which has resulted in loss of good conduct time or reduction to a classification status below that assigned during that person's initial entry into TDCJ-ID.
   2. (B) Other than on initial parole eligibility, at the time he is reviewed for parole the person must be classified in the same or higher time earning classification assigned during that person's initial entry into TDCJ-ID.
   3. (C) If any inmate who has received an affirmative vote to parole and following the vote, notification is received that the inmate has been reduced below initial classification status or has lost good conduct time, the parole decision will be reviewed and revoted by the parole panel that rendered the decision.
   4. (D) A person who has been revoked and returned to custody for a violation of the conditions of release to parole or mandatory supervision will be considered for release to parole or mandatory supervision when eligible.
   5. (E) An inmate who is otherwise eligible for parole and who has charges pending alleging a felony offense committed while in TDCJ, and for which a complaint has been filed with a magistrate of the State of Texas, any facility under its supervision, or a facility under contract with TDCJ will not be considered for release to parole or mandatory supervision.
   6. (F) An inmate who is otherwise eligible for release and meets the criteria for special needs parole as required by Government Code, §508.146, may be considered for release on parole if the parole docket date is more than six months from the date of application for special needs parole.
3. (3) Any consideration by a Board member of an inmate's litigation activities when determining an inmate's candidacy for parole is strictly prohibited. No inmate will be denied the opportunity to present to the judiciary, including appellate courts, his or her allegations concerning violations of fundamental constitutional rights. Any consideration of such legal activity during the parole process is a violation of Board policy. In the event parole is denied in violation of this subsection, the inmate may pursue a remedy under the special review provisions of §145.17 of this title (relating to Action Upon Review of Information Not Previously Available - Release Denied).

Source Note:The provisions of this §145.3 adopted to be effective May 1, 1995, 20 TexReg 2862; amended to be effective August 14, 1996, 21 TexReg 7564; amended to be effective January 6, 1997, 21 TexReg 12427; amended to be effective February 8, 1999, 24 TexReg 787; amended to be effective November 14, 1999, 24 TexReg 9845; amended to be effective October 29, 2000, 25 TexReg 10568.