What Families Should Know About the Texas Parole Process

A parole eligibility date is the date an incarcerated individual becomes eligible to be considered for parole. It is not a guaranteed release date. Parole is a discretionary decision made by the Texas Board of Pardons and Paroles. The Board considers numerous factors when reviewing a case, including the seriousness of the offense, criminal history, sentence length and time served, institutional adjustment, participation in programs, age, and letters of support or protest. For families, this means that simply reaching the parole eligibility date is only the beginning of the decision-making process.

Families should not assume that nothing happens until the actual parole eligibility date. According to the Texas Board of Pardons and Paroles, TDCJ generally identifies an individual for initial parole review approximately six months before the parole eligibility date. For subsequent reviews, the process generally begins approximately four months before the next review date. During the review process, an Institutional Parole Officer (IPO) interviews the individual and prepares a parole case summary. The file is then sent to the appropriate Board office for review and voting. This is one reason families should begin thinking about parole preparation well before the eligibility date arrives.

This is one of the most common misunderstandings about Texas parole. The Texas Board of Pardons and Paroles does not generally conduct a courtroom-style hearing where the incarcerated individual and family appear before a three-person panel. Instead, parole panel members review and vote on the case file individually. A typical parole panel consists of three voting members. Two votes are required for a final decision. If the first two voters agree, the decision is final. If they disagree, the third panel member reviews the case and casts the deciding vote. Because the decision is largely based upon the information presented to the Board for review, families should understand the importance of the information contained in and submitted for the parole file.

The Board specifically allows family members, friends and other supporters to submit letters on behalf of an individual being considered for parole. Support letters are placed in the individual's case file and are available to the parole panel during its review. Families sometimes believe that getting as many people as possible to send letters will strengthen the case. According to the Board, however, a few clear and concise letters explaining the actual support available are preferable to large numbers of repetitive letters or petitions. Quality and substance are more important than quantity.

• A place to live after release
• Employment or potential employment
• Transportation
• Financial or family support
• Treatment programs or services available after release
• Other information demonstrating a reliable support system

One of the most useful things a family can do is begin thinking realistically about what life will look like if their loved one is released. Where will the individual live? Who will provide transportation? Is employment available? What family members will be involved? If treatment, counseling, substance-use services or other programs are appropriate, how will those services be accessed? A release plan does not have to promise a perfect life. It should provide concrete information showing that the individual will have structure and support when returning to the community.

Family members and friends may contact the appropriate voting Board office and request an interview with a parole panel member during the applicable review period. However, an important distinction should be understood: except for certain victims and victim representatives who have statutory interview rights, a parole panel member is generally not required to grant an interview to a family member or supporter. The Board also states that receiving an interview does not itself increase the chances of parole. Rather, the interview provides an opportunity to present information to a voting panel member before the case is reviewed.

The underlying offense is obviously important, but it is not the only information considered. The Board identifies a number of factors that may be considered during parole review, including criminal history, prior probation or parole history, previous incarcerations, institutional adjustment, participation in programs, age, sentence length, time served, and letters of support or protest. The Board also uses Parole Guidelines that consider both risk factors and the severity of the offense. This means the years an individual has spent incarcerated — and what has occurred during those years — can also become part of the parole review.

The Institutional Parole Officer's case summary includes information concerning program completions and certifications. The Board will also accept copies of certificates and course-completion information submitted on an individual's behalf, although the Board notes that this information is generally already included in the IPO's case summary. Institutional conduct is also relevant. The Board's Parole Guidelines specifically consider prison disciplinary conduct and current custody level as dynamic risk factors. Families should understand that what happens during incarceration can become part of the information considered during parole review.

Families should also be aware that the Board may receive information from both sides. Letters supporting release may be considered, but so may letters protesting parole. Trial officials, victims and certain victims' family members are notified as part of the parole review process. The Board lists letters of support and protest among the factors that may be considered when voting a case. Families should therefore approach parole preparation as an opportunity to present accurate, meaningful information about their loved one and the plan for a successful return to the community.

Receiving an approval from the Parole Board can be an enormous moment for a family. However, families should understand that a favorable vote does not always result in immediate release. Certain conditions, program requirements, or transfer designations may be attached to the approval. The type of approval vote issued by the Board determines what happens next. Some approvals require the individual to complete a rehabilitation or treatment program before release. Families should be prepared for the possibility that additional steps may follow a favorable vote before their loved one actually returns home.