
Texas Parole Fast Facts
• 37,841
nonviolent, non-sex offenders were considered for parole, and only
11, 187 (29.6%) were actually approved.
If 5,000 of those who were not approved serve another year, the state pays
$74 million for their additional incarceration
• Probationers
include adult offenders whom courts place on community supervision
instead
of incarceration.
• Parolees
include those adults conditionally released to community supervision whether
by parole board decision
or by mandatory conditional release after
serving a prison term. They are subject to being returned to jail or
prison for rule violations or other offenses.
• At yearend
2003, over 4.8 million adult men and women were under Federal, State, or
local probation
or parole jurisdiction; approximately 4,074,000
on probation and 774,600 on parole.
• The 1.5% growth in the probation
and parole population during 2003 -- an increase of 73,574 during the
year -- was about half the average
annual growth of 2.9% since 1995.
• At the end of 2003 --
-- Among offenders on probation, half (49 percent) had been convicted for
committing a felony, 49% for a misdemeanor, and 2% for other infractions.
Seventy-one percent of probationers were being actively supervised at the
end of 2003; 9% were inactive cases and 11% had absconded.
-- Nearly all of the offenders on parole (95%) had been sentenced to incarceration
of more than 1 year.
-- Women made up about 23% of the nation's probationers and 13% of the parolees.
-- Approximately 56% of the adults on probation were white, and 30% were
black, and 12% were Hispanic. Forty percent of parolees were white, 41% black,
and 18% were Hispanic.
• State inmates released from
prison as a result of a parole board decision dropped from 50% of all
adults entering parole in 1995 to 39% in 2002,
while mandatory releases based on a statutory requirement increased
from 45% to 52%.
• 45% of State parole discharges
in 2002 successfully completed their term of supervision, relatively
unchanged since 1995. 41% were returned
to jail or prison, and 9% absconded.
• By the end of 2000, 16 States
had abolished parole board authority for releasing all offenders, and
another 4 States had abolished parole
board authority for releasing certain violent offenders
• Only
five states, California, Texas, New York, Pennsylvania and Illinois
makeup over 62% of all inmates paroled in 2000.
• Between
1990 and 1994, the board sharply curtailed parole
releases; whereas the board had approved 79 percent of all parole
cases in 1990, it approved only 39 percent in 1993 and 26 percent
2003. A special report prepared by the Texas comptroller of public
accounts in characterized
parole as "the least understood and least popular aspect of
the criminal justice system".
TITLE 4. EXECUTIVE BRANCH
SUBTITLE G. CORRECTIONS
CHAPTER 508. PAROLE AND MANDATORY SUPERVISION
SUBCHAPTER A. GENERAL PROVISIONS
§ 508.144. PAROLE GUIDELINES.
(a) The board shall:
(1) develop according to an acceptable research method
the parole guidelines that are the basic criteria on which a parole
decision is made;
(2) base the guidelines on the seriousness of the
offense and the likelihood of a favorable parole outcome;
(3) implement the guidelines; and
(4) review the guidelines periodically.
(b) If a board member or parole commissioner deviates from
the parole guidelines in voting on a parole decision, the member
or
parole commissioner shall:
(1) produce a brief written statement describing the
circumstances regarding the departure from the guidelines; and
(2) place a copy of the statement in the file of the
inmate for whom the parole decision was made.
(c) The board shall keep a copy of a statement made under
Subsection (b) in a central location.
§ 413.017. REVIEW OF USE OF PAROLE GUIDELINES
The
policy council shall report at least annually to the Legislative
Criminal Justice Board, the Texas Board of Criminal Justice, and
the Board of Pardons and Paroles on the use of the parole guidelines
by each member of the board in making parole decisions.
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• Lesson • TWO
The
Parole Guidelines
“A single numeric score can not determine
who or what a person really is . . . "
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The
Mechanics of the Parole Guidelines – “Who’s Keeping Score”
The Parole Guidelines were placed into effect the later part of 2001. These
guidelines are considered an objective tool based on a "point system" to
assist the Parole Board to rapidly assess whether or not an inmate is considered
a parolee candidate by risk level. The Parole Guidlines Score is to provide
better predictabilty in determining a successful outcome for release. Understand
the guidelines are just a tool to assist only in the parole process. They
do not automatically determine
the outcome based on a single numeric figure.
To clarify the point, the Guidelines were designed to release non-violent
offenders, non-sex offenders and low level crime offenders back into society
while keeping the violent offenders, aggravated sex offenders and high
level crime offenders in prison as society expects. .
The Institutional Parole Officer (IPO) is the one who is responsible
for computing the Parole Guideline Score (PGS) for every eligible inmate
at
the time of the inmate's parole interview. It is also the responsibility
of the
inmate to tally his or her own score as
they see themselves, both now as well as in the past. The composite score
result and the interview notes are documented in a Decision
Summary Form and sent electronically to the hearing Board office for
review.
The parole guidelines are based on two components combined to derive a
single score. The first component is the 1. Risk Level Assessment Rank and
the second component is the 2. The Offense Severity Ranking.
The information used to derive the score is based on the inmate’s
official record kept by the TDCJ and the outcome of the IPO interview.
The inmate must understand how
the IPO is scoring each question and to identify any inconsistencies.
The first guideline component is the inmate’s risk level of recidivism
or the risk of falling back into trouble again. The 1. Risk Level Assessment
Rank component is divided into two parts,
A. The Static Factors (factors involving the past histories)
• Age at first admission to a juvenile or adult correctional facility
• History of supervisory release revocations for felony offenses
• Prior incarcerations
• The commitment offense
B. The Dynamic Factors (factors
that are relevant while incarcerated)
•
Inmate’s current age
• Whether the inmate is a confirmed security threat group (gang) member
• Education, vocational and certified on-the-job training programs completed
during the present incarceration.
• Prison disciplinary conduct
• Current prison custody level
The Static Factors and the Dynamic Factors are combined to create the Risk
Level Score. A lower score equates to a lower risk of recidivism.
A Word of Caution
Based on a review by the Criminal Justice Policy Council (CJPC) a sample
of parole case files from previous years, revealed errors in calculating
the risk level score and using the wrong offense types to determine the
overall
parole guideline's score.
•
19% of the cases examined had errors in the risk level score or the guideline
score calculation on the Parole Guideline Form.
•
The Parole Guidelines Forms are scored only by the Institutional Parole
Officers.
Because of the reasons above, every inmate needs to insure that the IPO is
scoring the Parole Guideline form correctly. Every inmate should know their
own score to insure the numbers match with the IPO.
• Every needs to insure what the severity ranking of the most current
offense committed is.
Tip Please
take the time to fill-in the Guideline Questionnaire in relation to your
loved one to see how the score turns out to best build the
interview before
the
institutional
parole officer and plan for the board.
1A )
Risk Level Assessment Rank - Static Factors (1st component)
NOTE: The system does not keep your guideline
score.
The
Static Factors and Associated Points Part 1
The static factors entail the
inmate’s prior record. Of
course these factors can not change like dynamic factors.
Below are the five static factors and the associated points. An inmate’s
score can be assigned between 0 (best) and 9 (worst) points for static
factors.
The Final Results and Discussion about
the PGS and Parole Board's Decisions
By filling out the Parole Guideline form objectively
and selected the correct rank for the current crime committed
then you will derive the computed final Parole
Guideline Score (PGS). By
"clicking on" the parole board that will handle
the parole case you
will see the actual considerations, approvals and percentage
of approvals for each member as they voted in fiscal year
2004.
You
can also switch to different board offices to see "what
if" scenarios as the percentages of approvals
can change drastically from one voting individual to
another. Percentages of approvals
can sway as much as 34% from one office to
another.This
is
a disturbing
reality because it indicates that individual members
have full discretion to vote the way they personally
see and feel that day and to disregard documentation
that could clearly show a possible favorable position
for parole.
Case in point, an inmate may have a final parole score
of 7. If that inmate's fate lies with Mr. Roy Garcia
from the Palestine Board Office,
that inmate
stands a better than a 76.5% chance for parole approval.
Where as that same inmate would stand a lesser chance
for parole approval at 32.6% from Mr. Alvin Shaw in the
Gatesville Board Office, a 44% difference of opinion.
Please understand that last
years
considerations and approval ratings are not reflective
in the current year's voting statistics.
Board Office Voting Discrepancies Highlighted
for Fiscal Year 2004
Parole
GuideLine
Score |
Parole Board Office |
Highest
Approval
Rating |
Parole Board Office |
Lowest
Approval
Rating |
Office
Difference |
1 |
San Antonio Office |
9.4% |
Palestine Office |
0.0% |
9.4% |
2 |
San Antonio Office |
24.5% |
Huntsville Office |
12.7% |
11.8% |
3 |
San Antonio Office |
28.5% |
Palestine Office |
16.4% |
12.1% |
4 |
Angelton Office |
32.7% |
Palestine/Huntsville |
22.9% |
9.8% |
5 |
Angelton Office |
43.0% |
Palestine Office |
35.0% |
8.0% |
6 |
Huntsville Office |
53.1% |
Gatesville Office |
39.7% |
13.4% |
7 |
Palestine Office |
74.4% |
Gatesville Office |
40.5% |
33.9% |
(Click
here for Parole Statistics by the Voting Board)
The Computation Charts
Computing the Final
Score – Combining the Risk
and the Rank
After the first component (Risk Level Assessment)
score has been determined and the second component (Offense
Severity Rank) has been identified, it now
time to merge into a table that creates the overall inmate’s parole
guideline score.
Two things to keep in mind while deriving this score, first, the
higher the number the better risk he/she is predicted
to complete a successful parole. And secondly, the guideline
score is discretionary, meaning any voting board member
can vote against the score if an inmate’s individual
case warrants such a decision. This is an important key
o remember as you will see little later on.
Parole Guidelines scores range from 1 -
the poorest probability for a successful parole to a 7 – the
greatest probability for a successful parole.
|
Severity
Class
|
Code |
Risk
Level Assessment Rank
|
| |
|
Low
|
Moderate
|
High
|
Highest
|
|
Low
|
L |
7
|
6
|
4
|
3
|
|
Moderate
|
M |
6
|
5
|
4
|
2
|
|
High
|
H |
4
|
4
|
3
|
2
|
|
Highest
|
H+ |
3
|
2
|
2
|
1
|
The Inmate’s Guideline Score Verses Suggested
Parole Approval
The suggested parole approval rates are simple benchmarks
for the voting Board members to use at their discretion. These
target percentages, in place by a consulting group, are
not actually reflective of how the Board members vote. The
true approval percentages are actually much lower than
the suggested parole approval targets by more than fifty
percent with the least severity in crime and the
least in risk level assessment.
Consulting Group Targets
|
Severity
Class
|
Risk
Level Assessment Rank
|
| |
Low
|
Moderate
|
High
|
Highest
|
|
Low
|
7
(76 – 100%)
|
6
(51 – 75%)
|
4
(21 – 35%)
|
3
(16 – 25%)
|
|
Moderate
|
6
(51 – 75%)
|
5
(36 – 50%)
|
4
(21 – 35%)
|
2
(6 – 15%)
|
|
High
|
4
(21 – 35%)
|
4
(21 – 35%)
|
3
(16 – 25%)
|
2
(6 – 15%)
|
|
Highest
|
3
(16 – 25%)
|
2
(6 – 15%)
|
2
(6– 15%)
|
1
(0 – 5%)
|
Guideline Projections and Actual Approval Trends
The Criminal Justice Policy Council projects that 12
more prisoners will enter the prison system than are
released each day. Parole approval rates are at historically
low levels. Even after adoption of the risk guidelines,
intended to help guide low risk prisoners into parole
while keeping violent offenders incarcerated, the parole
approval rates did not meet the Board’s guidelines.
This information was extrapolated in 2002, however, statically
trends have not varied too much from year to year.
Guideline
Level
|
Guideline
% Range of Probability
|
Actual
Approval Rate During FY2004
|
Mean Guideline
Approval Rate
|
Variance
Between
Actual / Mean
|
| 7 Low Severity
/ Low Risk |
76 -
100%
|
55.9%
|
88%
|
32.1%
|
| 6 Low Severity
/ Moderate Risk |
51 -
75%
|
36.4%
|
63%
|
26.6%
|
| 5 Moderate
Severity / Moderate Risk |
36 -
50%
|
29%
|
43%
|
14.0%
|
| 4 Moderate Severity / High Risk |
21 - 35%
|
24.5%
|
28%
|
3.5%
|
| 3 High Severity / High Risk |
16 - 25%
|
18.2%
|
20.5%
|
2.3%
|
| 2 Highest Severity / High Risk |
6 - 15%
|
12.6%
|
10.5%
|
2.1%
|
| 1 Highest Severity / Highest Risk |
Less than 5%
|
3.9%
|
2.5%
|
1.4%
|
| Overall |
28 - 40%
|
25%
|
34%
|
10.7%
|
(Source: TCJPC)
What this table displays is that those inmates classified
in the high to highest risk levels of recidivism and
crimes committed are more closely matched to the Guideline's
approval ranges. Where as those inmates classified
in
the low to moderate risk levels of recidivism and non-violent,
non-sexual crimes, the percentage disparity is much
greater (highlighted in blue).
For example, look at the first line in the table. 7
Low Severity / Low Risk of recidivism, the
parole consultants tabulated that between 76% to 100%
should be approved for parole under supervision. To
find the Mean Percentage, take 76, the low end
percentage add to 100 the high end percentage and then
divide by two to get 88. 88% represents the average
percentage of inmates that should be released on parole
according to the Guideline Levels. Only 55.9% were
released on parole in 2002. This discrepancy is over 32% or
close to 20,000 inmates that should have be released
to the Parole Division, according to the Guidelines,
are instead kept
incarcerated.
Potential Shortfalls of the Parole Guidelines
- The Parole Guidelines does not take into account
the time served by an offender.
For example, an inmate
is denied parole at his or her's first parole
hearing. Two years later the guideline scores could
potentially
be the same if the disciplinary status remains
the same. The only item to change would be the offender's
age and not taking into account the additional
time
served on the guideline matrix.
- Returning parole violators with technical violations
are scored on their original offense.
The guidelines do not account for previous time spent
for the original offense nor for the time spent
on parole or that the return to prison is for a technical
violation only.
- Board approval rates should be more
in line mean Guideline approval rates.
Particularly with lower risk recidivism rates
and lower severity offenses as they were initially
designed.
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