This article has been reprinted with copyright permission from the ECHO, Texas Prison News.  This interview took place in May 2004.  Issue: Volume 76, No. 4 May 2004.  We have highlighted some important points concerning this interview article.

Parole Myths Debunked: An Interview with Rissie Owens Chairwoman of the Board of Pardons and Paroles

Staff Report

Parole.  The myths that surround what it is and to get it are as numerous as the people who spread the rumors.

Let’s begin by looking at what parole is: 

Parole is the discretionary and conditional release of an eligible prisoner sentenced to the institutional division so that the prisoner may serve the remainder of his sentence under the supervision of the Pardons and Paroles Division of the Texas Department of Criminal Justice.  This is an agency separate and apart from the Texas Board of Pardons and Paroles.

Parole edibility occurs when an offender has served enough time to be considered by the Board.  It does not mean that a parole will be granted.  After consideration, the Board may:

• Grant a parole date
• Grant a parole date with stipulations (the various FI’s and FI-R’s)
• Deny parole and set a new date for consideration,  or in common terms give the offender a “set-off.”  Under newly established guidelines, a case may be set off for a period up to five years.
• Give the offender a “serve all.”  A “serve-all” is more than a decision not to grant parole.  It is a decision not to review the case at a future date.  This means the offender must discharge the entire sentence or be released to “mandatory supervision.”

House Bill 7 reorganized the Board and Senate Bill 917 changed the voting  “set-offs.”    Rissie Owens,  Chairwoman of the Board of Pardons and Paroles granted The ECHO an interview and discussed some of the changes caused by new legislation and answered some of the most frequently asked questions.

ECHO Staff: What is the current plan for Parole Commissioners in terms of duties and structure?

Rissie Owens: House Bill 7 includes seven Board Members and 11 Commissioners.  We now have six Board offices throughout the state.  At each Board office we have one Board member and two commissioners.  The one exception to that is Gatesville where there is one Board member and one commissioner.

The Board member and the two commissioners form a three person panel to review cases, just as before, for releases (parole) and also for the violation and revocation process.

The seven-member Board will vote clemency cases and they will also vote Senate Bill 45t, which covers extraordinary cases.  In the past,  the 18-member Board voted on these cases.  Theses cases required 12 to approve or 7 seven to deny.  With the seven-member Board, it will be three to deny and five to approve.  The seven-member Board will clemency cases (in Capital Offenses) and Senate Bill 45.

ES:  Will the organization allow for more face-to-face meetings with concerned persons such as the offender and his or her family?

RO: Presently,  with the Board structure, we have three voting members on the panel and the practice in the past has been the first voting member of each panel will conduct the interview, whether that’s on unit interviews in the office with family members or attorneys, or by phone.  That will still be the practice of the board.

ES:  Will there actually be more in-person interviews?

RO:  I don’t know if there will actually be an increase.  It is possible that, now that we have the commissioners, there will be more in person interviews.

ES:  Do you see the reorganization causing any significant changes in the parole statistics?

RO:  No.

ES:  How will the reorganization of the Board affect the individual offender, the families or the victims?

RO: It shouldn't’t.

ES:  How much influence do the unit parole counselors have in decision?

RO: All parole decisions are (strictly) by the parole Board members and the parole commissioners.

ES:  What advice can you give someone to do with his or her time down here?

RO: Stay out of disciplinary trouble and follow the Individual Treatment Plan.  Use your time wisely.

ES:  Do pre-arranged jobs have any impact as far as release plans?

RO:  Re-arranged jobs are fine, but it’s a perfect world dream.  Sometimes pre-arranged jobs fall through.  It’s best to work on your skills inside the institutions, so that, when you are released, finding employment will be easier.  The most important thing is to have the skills.

ES:  How significant is the completion of programmatic activities when it comes parole consideration?

RO: If you refuse any of the individual treatment plan conditions, which include academic and vocational programs, it is an automatic denial of parole.  If you receive an FI-R (rehabilitation tier vote), you will have to complete the program before you can leave the system.

ES:  What percentage of a person’s sentence do you consider sufficient for parole?

RO: All parole decisions are on a case-by-case basis.  There are no magic numbers of years.  There is no magic percentage.

I’m asked that question quite a bit.  If a person is in here for robbery, how much time will they have to do?  Well robbery could mean walking into a store with a weapon, or it could be a person shoplifting and on the way out the door there was contact with a store employee.  Both of those are robbery, but would be viewed differently by a Board member.

ES:  One of the big questions when a person gets a set-off that says, basically, not enough time served, then why if I haven’t  done enough time, why am I eligible for parole?

RO: Eligibility is based solely on time calculations.  There is a difference between being released and eligible for parole.  The Board cannot interview a person until classification records deem that a person is eligible.  A person is eligible based on time calculation and released base on Board decision.

ES:  Can you give us any insight on how the new five-year set-off will be utilized?

RO:  Previously, it was minimum of on year with a maximum of three.  There were actually a very small percentage of the offenders who were actually receiving a three-year set-off.  So, I would say there will a very small percentage of offenders who will receive a five-year set-off.

ES:  What advice do you have for family members who would like to speak with you in support of their family member coming up for parole?

RO: Once a case has been assigned to a Board office, family should call the Board office and request an interview.  Cases are not assigned to a Board member until they are in the office. Once the case is in the Board office,  they can request an interview with a Board member.

ES:  What are the procedures for a legal representative for an inmate to contact the Board?

You can also call the Board office and request an interview with the first voting member.  Parole attorneys always send their packets in and send a written request for a parole interview.  Family members can do the same.

ES: Under the new system, will the Board be accessible to the public?

RO: I would like to think the Board is pretty accessible to the public today.  We do grant interviews with family members as well as attorneys.

ES:  It is believed by a large number of inmates that due to the heavy caseload the Board members have, not enough time was allowed for each offender case to seriously reviewed.  Many inmates feel that the only way to have their cases seriously considered is to have parole representation.  What are your thoughts on professional representation?

RO: The Board members review each and every file thoroughly. There is not a need to hire an attorney for the Board to review a file.  If someone would like to hire an attorney,  it is their decision.  The Board members will consider interviewing that attorney just like we do everyone else that request an interview before the Board.

There will be a thorough review of the file whether you hire an attorney or not.  So, you could hire an attorney, and that person might not actually be able to interview with the Board.

ES:  Do you think the amount of time you are allotted for each case is adequate to review each file?

RO: I think the time we have is adequate to review the cases.  There is not a specified time limit for review of each case.  Every case is different.

ES:  What reason would the Board have for giving an increasing increment set-off? For example, an offender has completed his or her ITP and continues to maintain a clear disciplinary record.  They receive a one or two year set-off.  The next time they receive a longer set-off than their previous set-offs.

RO: Usually when that occurs there has been a problem with institutional adjustment, or there has been a disciplinary infraction, or there has been a change in the offender’s status since the last review.

ES:  How does the Board deal with protest letters?

RO: We letters of protest just like we read letters of support.  We are looking for significant information.  Just like I receive letters of support that say, “I love Jimmy.  He’s my son.  He’s a good boy.”

Sometimes I receive letters of protest that say,  “That’s my husband.  I hate him. Let him stay in.” What we are really looking for is something significant in letters of support and letters of protest.

We are bound by statue to interview the victim’s family.