Inmates in Texas prisons (TDCJ) are reviewed by the Texas Board of Pardons and Paroles for parole consideration  after a portion of their sentence has been completed.  Parole eligibility is attained on most offenses after one fourth of the sentence has been completed through a combination of actual time and accrued good conduct time.  Certain types of serious offenses, however, do not result in  parole eligibility until ONE HALF of the sentence has been served day for day.

    The general process of parole consideration does not include any formal hearing  affording the inmate the right to be heard, face to face, by the persons responsible for making the decision whether to grant parole.  

    The offender*, instead, is interviewed by TDCJ Parole Division staff members in advance of the time of "voting" by parole board members.  The information gathered from this prison interview is ultimately reduced to a "transmittal" that is seen, along with the entire file,  by the individual board member who will place the lead vote on the case.  Depending on the particular offender's history and length of incarceration, the file could be thin, or it could be several inches thick.  All previous criminal records of the individual, as well as all records from prison, are incorporated into the parole file. 

    Except for extraordinary offenses (capital murder, certain sexual assault cases) voting is done among the Parole Board members by parole panels consisting of a combination of three board members or commissioners.  The lead vote is followed by the decision of a second panel member, and if the two agree the result is set.  Third votes are made to decide cases where the lead voter and second voter disagree.

    My role as an attorney representing an offender in prison is to present, at the time the case is voted by the board, a concise packet of positive information that is otherwise not contained in the parole file material reviewed by the board.  I make every effort to speak to the board member who has the lead vote in the case, as well as to get family members in front of that person. To that end, I must gather as much information as possible. This information comes primarily from the offender, but family members and friends in the community must help me out also. For example, I require, for inclusion in the packet, some color photos of the offender in "normal" situations in the free world. These have to come from friends or relatives.

    The fees are set according to several factors, including severity of offense and length of sentence. My fees include all expenses except for extraordinary trips. Usually I will make at least one personal visit to the prison unit. If this cannot be accomplished, I will speak to the offender by phone. My office has to monitor the status of all client files so as to know when any file will arrive at the particular board office that will be conducting the vote.

    Once this firm is retained, the offender will receive a lengthy questionnaire detailing the kind of information I need to prepare an informative and positive summary for the benefit of the board. The offender's free world family and friends will have to direct all support letters to me for inclusion in the packet. Individuals mailing letters directly to the Parole Board risk the possibility of the items getting misplaced and not being seen. My packets usually arrive at the board office by Fed Ex on the same day the file arrives at the office for voting.

    Upon release from prison, offenders do the balance of their sentence on parole or mandatory supervision.  There is a distinction between "parole" and "mandatory supervision," but I'll not delve into that in this limited forum, as both types of supervision involve identical terms and conditions of release.  Both will be referred to as "parole."

    If a parolee is charged with violating one or more of the rules of parole supervision, a warrant ("Blue Warrant") might be issued for which there is no bail available.  A hearing should then held as quickly as possible to determine, whether, based on a preponderance of evidence (as opposed to the standard of "beyond a reasonable doubt" in criminal trials)  any rule has been violated.  

    If the hearing officer finds that a rule violation has occurred, the hearing proceeds to a second phase known as "adjustment."  Evidence is taken on matters pertaining to how well the parolee did during the time he was under supervision.  This kind of information can be determinative of the final outcome.

    The hearing officer* forwards a written report of the hearing to the Parole Board, who makes the ultimate decision to either revoke parole or continue supervision.

    The administrative rules of the Parole Board can be found in the Texas Administrative Code under Public Safety.  

*     The word "offender" is the new politically correct name for prisoners, inmates, convicts, etc.

*    I was one of the original 12 hearing officers in the State of Texas beginning in September 1980 and continuing until July 1985, when I decided to go to law school.  During that time I conducted over a thousand such revocation hearings.  That experience has given me the knowledge and insight needed to effectively represent parolees in revocation hearings. (Fifteen years of representing parolees helps also.)

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