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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.


 

Lesson TWO


The Parole Guidelines

“A single numeric score can not determine who or what a person really is . . . "



NOTE: This is an abbreviated Lesson Plan the full Lesson can be purchased.

ParoleSource.com offers a comprehensive Parole Packet Writing Guide and a Complete Parole Packet Example that can be purchased in the [Products and Services Section]. We ship all orders via Priority Mail the next Business day including Saturdays.

 

 

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.


1. Age First Admitted to a Juvenile or Adult Correction Facility?

  17 Years Old or Younger 2 Points
  18 to 25 Years Old 1 Point
  26 Years Old and Older 0 Points
   
Note: Many times this information can be incorrect in the file. Make sure the IPO verifies admission by date and entry age.

2. History of Supervisory Release Revocations (Felony Offenses Only)

  More than One Revocation 3 Points
  One Revocation 1 Point
  No Probation, Parole or MS 0 Points
   
Note: Parole reinstatement or withdrawal of a warrant does qualify as a revocation.

3. Prior Convictions / Incarcerations (Adult or Juvenile)

  Three or More Incarcerations 2 Points
  One to Two Incarcerations 1 Point
  No Prior Incarcerations 0 Points
   
Note: Count any incarcerations prior to current offense. A technical parole violation returning to finish the original sentence term with no new felony charges will not be counted as different incarceration.

4. History of Employment or Education

  Less than six months of continuous full-time employment or school attendance within two years before incarceration. 1 Point
  At least six months of continuous full-time employment or school attendance within two years before incarceration. 0 Points
   
Note: Military or government services, self employed should receive credit. An inmate must have lived free for six months during the two year prior to recent incarceration.

5. Commitment Offense (Only active offense that would be eligible for review)

  Directly involved auto theft, burglary or forgery. 1 Point
  Not directly involved auto theft, burglary or forgery 0 Points
   
Note: "Directly involved" means the offense must have been for one of the previously stated offenses.

1B ) Risk Level Assessment Rank - Dynamic Factors (1st component)


The Dynamic Factors and Associated Points Part 2

The five dynamic factors entail the inmate’s current record while incarcerated.  These factors can change over time and it is solely up to the inmate’s choices or their free will. Below are the five dynamic factors and the associated points. An inmate’s score can be assigned between 0 (best) and 12 (worst) points for dynamic factors.

1. Current Age of the Inmate (at the time of the interview)

  Under the Age of 25 3 Points
  Between 25 and 34 2 Points
  Between 35 and 44 1 Points
  45 or Older 0 Points
   

Note: Current age at the time of the IPO interview.

2. Currently a Gang Member (has not denounced membership officially)

  Active Membership 2 Points
  No Active Membership 0 Points
   

Note: Simple, either you are recognizably affiliated or you are not. If have you denounced membership it needs to be documented and programs completed.

3. Completed Academic/Vocational/OJT Programs since being Currently Incarcerated

  No Program Completions 2 Points
  Yes Completed Program(s) 0 Points
   

Note: The key here is "currently", program completions of all kinds have weight in the matter. Include any correspondence courses as well.

4. Disciplinary Conduct

  Zero Balance for Good Time and Bonus Credits 3 Point
  Currently demoted in status below entry status. Lost Good Time or Bonus Credits in the last 18 months. 2 Points
  Has been demoted in status below entry status. Lost Good Time or Bonus Credits in the last 18 months. 1 Point
  Good Time and or Bonus Credits are awarded. 0 Points
   
Note: If there are currently any appeals concerning the result of a disciplinary hearing needs to mentioned to the IPO.

5. Current Custody Level

  Medium, Close custody or Administrative Segregation. 2 Points
  Minimum IN 1 Point
  Minimum OUT 0 Points

  Total Static Points (total from the five Static questions)
  Total Dynamic Points (total from the five Dynamic questions)
     
  Total Risk Level Score (totals of both the Static Points and the Dynamic Points)  

Based on the Total Risk Level Score, this person would be considered if placed on parole.

 

The Risk Level Score & Probability Matrix

Assigned Risk Level

Points

% of  Parolees Arrested Again for a Felony within 2 years after Granted a  Parole

Low Risk Prospect for Parole

0 - 5

13 %

Moderate Risk for Parole

6 - 8

22 %

High Risk for Parole

9 – 11

30 %

Highest Risk for Parole

12 +

38 %

 


2 ) The Offense Severity Ranking (2nd component)


Understanding How the Offense Severity Rank is Applied
The second component of the Parole Guidelines measures the seriousness of the offense committed by the offender.  Every felony offense that is identified in the Texas Penal Code has been classified with one of four different severity ranks. 

 

The Four Severity Ranks and Examples of Considered Offenses

Rank

Severity

Felony Examples

L
Low
Illegal Gambling,  Prostitution,  Bribery,  Parole Violation,  Possession of  Marijuana less than 5 pounds
M
Moderate
Burglary forced entry in a home,  Theft more than $100,000,  Insurance Fraud more than $200,000
H
High
Arson, Burglary with a Weapon,  Reckless Injury to a Child,  Assault to an Officer,  Intoxicated Manslaughter with a Car

H+

Highest

Capital Murder,  Aggravated Robbery,  Aggravated Sexual Assault,  Assault with a deadly weapon,  Agg Kidnapping

 

If an inmate is incarcerated on numerous felony offenses, only the most severe and active offense will be assigned a rank.  For example, if an inmate was convicted of selling a controlled substance offense and a stolen credit card offense, the controlled substance would be assigned the ranking since it is considered more severe according to the Felony Severity List.

There are 1,829 different felonies identified in the Texas State Penal Code.  1,070 or 59% of these felonies are considered low in severity levels. Followed by 425 or 23% moderate severity offenses,  222 or 12% high severity offenses and 112 or 6% for the highest of severity level offenses.  The Felony Severity List can change severity ranks based on changes in recidivism rates. The Board of Pardons and Paroles with other government departments review the list from time to time.

Tip To find a severity rank for a specific offense click the first link below and if you can not find the offense try the second link:

(These list will print in Adobe Acrobat format. If you need to install the Acrobat reader on your computer, please click here to download this program first.)


Severity Rank for the Offense Committed:


  Example: Select "(M)" in the box if the Offense was for Criminal Mischief greater than $200,000 in damages.
   
   
  By taking both the Total Risk Level Score and the Severity Rank of the Offense you get the Parole Guideline Score. This final score is used to assist in deciding parole approval or denial of parole.
Parole Guideline Score
(PGS)

(The Parole Guideline Score is between 1 and 7, a 7 is the best score and a 1 being the lowest score)

Board Office Deciding the Case:
Individual Members of the Board and Voting Stats
Based on the Final Guideline Score (PGS)
ITA*
Last Name
Considered
Approved
%
Parole
Commissioner #1
Guideline
Commissioner #2
Suggested
Board Member

Approval %
Combined numbers of the board based on the score (PGS)





*ITA - In the Average?, Either "Y" for Yes or "N" for No, meaning individual members' approval ratings are within the suggested guidelines for overall approvals as established by the parole consulting group's parameters. This percentage range is in the far right hand column under Parole Guideline Suggested Approval %.

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.
Parole, Parole Help, Parole Board, Parole Support, Prison, Inmate, Texas Parole, TDCJ
Parole, Parole Help, Parole Board, Parole Support, Prison, Inmate, Texas Parole, TDCJ