what are the tdcj parole board has a hearing and doesn't notify your lawyer

by Jameson Gibson 6 min read

What happens when the Parole Division asks for a hearing?

 · The hearing is conducted by a Hearing Examiner of the United States Parole Commission. The decision on whether the inmate should be granted parole is made by a Commissioner of the United States Parole Commission after reviewing the hearing record created by the Hearing Examiner.

How does the Texas parole board work?

 · The Pardons and Parole Division of the TDCJ supervises offenders on parole or mandatory release and may issue a warrant or a summons for an offender if (1) there is reason to believe that the person has been released when not eligible for release, (2) the person has been arrested for an offense, (3) there is an authenticated document stating the person violated a …

Who can testify at a parole revocation hearing?

TDCJ stands for Texas Department of Criminal Justice. The Board of Pardons & Paroles (BPP) is not going to invite the inmate to appear or be heard and they can vote a case up to two (2) months prior to the month the case is scheduled for review. A parole packet is not required to be mailed in all at one time to the TDCJ Board office.

How does the Board of Pardons and Paroles decide who is eligible for parole?

 · It’s important to realize that the Texas Parole Board doesn’t have a definitive time table or deadline to grant or deny an offender’s parole. Typically, the board makes one of two decision types: Parole revocation. If the offender has been accused of violating the terms and conditions of parole, he or she typically receives a decision between two – four weeks from the …

How long after parole hearing are you released in Texas?

After receiving your parole certificate, it can be anywhere from two to four weeks before you receive an actual release date and named release facility. After receiving your release date, you should then expect actual transfer and release within four to seven days.

How long does it take Texas parole board to make a decision?

Two to four weeksA: Two to four weeks. Q: How does the releasee get the decision? A: The Parole Division sends a parole officer to deliver the Board's decision to the offender.

What is the responsibility of a parole board?

A parole board is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge.

How do I check my TDCJ parole status?

A: You may contact the Board of Pardons and Paroles status line in Austin at (844) 512-0461. Please have the offender's name, TDCJ-CID number and/or date of birth available to assist the staff in obtaining the correct information. Or, review the results on the TDCJ Inmate Search/Parole Review Information website.

What does the Texas parole board want to hear?

The parole panel will ask questions about 1) criminal history, 2) time is prison, and 3) future plans if granted parole. A parole interview often feels intimidating to an unprepared inmate. It's helpful to practice sample questions and answers with an experienced parole lawyer.

What happens after parole is granted in Texas?

Once eligible, inmates can be released on parole. After release, the inmate is put on community supervision. People can then spend the rest of their sentence on parole. If the terms of parole are violated, however, the parolee can be sent back to prison.

Which of the following does the Parole Board look at when determining possible parole?

When determining possible parole, the parole board looks at: The inmate's crime, the institutional record, the inmate's sincerity and readiness for release.

What types of powers and discretion does a Parole Board exercise?

The Parole Board exercises discretion in determining three separate aspects of supervised release: who is granted conditional release; when these inmates are ready for release to the community; and under what conditions individual parolees must abide in order to maintain freedom.

What kind of decision making process is used in parole?

An inmate is eligible once he has served a third of his sentence. At that point, the inmate must make it through a four-hearing process in order to successful obtain a release on parole. During the initial hearing, the Parole Board examines the appropriateness of a release on parole for that particular inmate.

How long can you be held on a parole hold in Texas?

During the original 120 days, a continuance may be requested for up to 60 days. An additional 30 days are also allowed after the hearing for disposition. Therefore, the worst case scenario that a releasee held on a blue warrant may be held in county jail is 210 days.

How accurate is projected release date TDCJ?

For instance for the last three months of 2013 the average approval rate for nonviolent nonsex offenses was roughly %38 and the average approval rate at an offender's projected release date for nonviolent nonsex offenses was roughly %55.

What is the parole process in Texas?

The Parole Division of the Texas Department of Criminal Justice identifies offenders six months prior to their initial parole eligibility, and four months prior to subsequent review dates, and directs the case file to be pulled for review. Notice is sent to trial officials, victims, and victim family members.

A DECISION-MAKING BODY

The Board of Pardons and Paroles decides which eligible offenders to release on parole or discretionary mandatory supervision, and under what conditions. The Board uses research-based Parole Guidelines to assess each offender's likelihood for a successful parole against the risk to society.

LATEST BOARD NEWS

Attorney, Family, and Victim Parole Interviews with Board Members and Parole Commissioners

How to get notice of parole hearing?

The best way to ensure that you will receive notice of parole hearings is to register for the Federal Victim Notification System. To register, you must contact the Commission's Victim Support Program at 1.888.585.9103 or at USPC.VictimAdv@usdoj.gov.

What is parole hearing?

A parole hearing is a hearing to determine whether an inmate should be released from prison to parole supervision in the community for the remainder of the sentence. The hearing is conducted by a Hearing Examiner of the United States Parole Commission. The decision on whether the inmate should be granted parole is ...

How often do inmates get paroled?

Just because an inmate has been scheduled for a parole hearing does not mean the inmate will be released on parole. For some inmates, federal law requires a parole hearing every two years. Many inmates have several parole hearings before they are found suitable for release by the Parole Commission. Some parole-eligible inmates are ...

What happens if a witness is subpoenaed?

If a witness or victim has been subpoenaed to testify at a hearing, they are entitled to reimbursement for reasonable travel expenses and the regular fee for a government witness. At the hearing, the Hearing Examiner will provide the witness with a Fact Witness Voucher Form, on which expenses must be reported.

How to notify victim of next of kin?

If you are the registered victim or victim's next of kin, the Commission or Bureau of Prisons will notify you by mail or telephone of the next scheduled hearing .

What information do you need to include in a sentencing letter?

If you do not know the inmate's register number, please include whatever identifying information is available (for example, the name and location of the sentencing court, offense, docket number of the criminal case, and date of sentencing). Also, include an address/telephone number by which you may be reached by Commission staff.

Where can a victim appear in person?

A victim may appear in person at the institution where an inmate is confined or via video from a United States Attorney's Office and offer a statement during the hearing. A victim may also submit a written or recorded statement to the Commission in advance of the hearing. In addition, a victim may request permission to present an oral statement ...

When did the parole panel deny mandatory supervision?

However, in 1996 the Texas Legislature passed legislation where the parole panel may now deny mandatory supervision if the panel determines the inmate’s accrued good conduct time is not an accurate reflection of the inmate’s potential for rehabilitation or that the inmate’s release would endanger the public.

How many members are on a parole panel?

The Board members and parole Commissioners act in panels (known as parole panels) composed of three members when making decisions. Each panel must include at least one Board member and any combination of Board members and parole Commissioners.

What is parole modification?

The continuation, modification, and revocation of parole or mandatory supervision.

What is the PPD in Texas?

The Pardons and Paroles Division (“PPD” or “Division”) of the Texas Department of Criminal Justice (TDCJ) is tasked with the investigation and supervision of all releases on parole or mandatory supervision and reintegrates felons into society after their release from prison.

What are the duties of parole commissioners?

All Board members and parole Commissioners are required to complete comprehensive training on the criminal justice system, especially parole procedures. Board members and parole Commissioners determine: Which inmates are to be released on parole or mandatory supervision; Conditions of parole or mandatory supervision;

What is condition of parole?

Conditions of parole or mandatory supervision; The modification and withdrawal of conditions of parole or mandatory supervision, including special conditions; Which offenders may be released from supervision and reporting; and. The continuation, modification, and revocation of parole or mandatory supervision.

How many members are on the Board of Pardons and Paroles?

Board of Pardons and Paroles. The Board of Pardons and Paroles (“BPP” or “Board”) consists of seven members appointed by the Governor with the consent of the Texas Senate and must be representative of the general public.

How long does it take for a parole hearing to be voted on in Texas?

In Texas, inmates go into review six (6) months before their parole eligibility date. The vote can occur up to two (2) months prior to the month the case is scheduled for review by the Board.

Who is the parole attorney in Texas?

If you are seeking information on behalf of a loved one regarding parole from a TDCJ prison unit, you have come to the right Texas parole attorney, Chris Dorbandt. We are a law firm highly focused on parole issues. Call 512.407.9700 for a free consultation on your case.

What does TDCJ stand for?

TDCJ stands for Texas Department of Criminal Justice. The Board of Pardons & Paroles (BPP) is not going to invite the inmate to appear or be heard and they can vote a case up to two (2) months prior to the month the case is scheduled for review. A parole packet is not required to be mailed in all at one time to the TDCJ Board office.

Is it too late to do anything for an inmate before a hearing?

If the inmate has met with the Institutional Parole Officer (IPO), it’s almost too late to do anything for the inmate before the hearing.

Who performs the interview for parole in Texas?

Interviews the offender (an Institutional Parole Officer, or IPO, of the Texas Board of Pardons and Paroles performs the interview) and creates a parole case summary for the Texas Parole Board.

What does a parole panel consider?

Parole panel members consider the length of time the offender has served and if A) this time period is congruent with the offender’s criminal history and the severity of the offense or D) the time period is incongruent with his or her criminal history and the severity of the offense.

What does discretionary supervision mean in parole?

Members of the parole panel consider discretionary mandatory supervision. The member must vote A) to release the offender to discretionary supervision or decide D1) the offender’s accrued good conduct time doesn’t accurately reflect his or her potential for successful rehabilitation, or D2) the offender’s record reflects the potential for endangering the public if he or she is released to mandatory supervision.

What does the board consider when determining the nature of an offense?

It must determine if A) the offender’s record shows he or she committed “non-violent offenses” and the offender shows “ no tendency toward violent or assaultive behavior” (and that he or she has limited potential to commit assaultive-type crimes in the future) or D) his or her record shows the tendency to commit violent or assaultive behaviors in the future.

What does parole panel do?

The parole panel reviews the offender’s adjustment to prison. They determine if A) the offender’s record shows that he or she has achieved satisfactory adjustment to prison or D) his or her record shows unsatisfactory adjustment to prison.

How does parole panel consider gang affiliations?

Parole panel members consider whether the offender has gang affiliations by voting A) he or she isn’t a confirmed member of a designated security threat group or D) he or she is a confirmed member of a gang.

Why is it important to consult with a parole lawyer in Texas?

For that reason, it’s important to consult with an experienced Texas parole lawyer to ensure that members of the parole panel have all the information they need to properly decide your case.

What is the topic of parole hearing?

The length of time offenders have spent in prison is another topic that comes up during the parole hearing. The board members must determine if the amount of time served is congruent with the crime that was committed as well as the person’s overall criminal history.

What is the parole process in Texas?

In the state of Texas, the decision whether or not to grant parole to eligible people in prison falls to the state’s Board of Pardons and Paroles. The members on this board are obligated to review each parole case that comes before them. They must weigh an extensive array of criteria before deciding whether ...

Why are Board of Pardons and Paroles not as quick to grant parole to known gang members?

Board of Pardons and Paroles members are not as quick to grant parole to known gang members because of the risk they pose to the community. Someone who has disavowed his or her gang affiliation may find it easier to be granted parole than someone who remains an active gang member.

What is the second circumstance that meets the appeals parole criteria?

The second circumstance that meets the appeals parole criteria is an administrative file processing error. If incorrect information is presented to the board, the board must grant the offender an appeal.

How long does it take to appeal a parole denial?

Your lawyer can help you prepare a motion to reopen, which must be filed within 45 days of your parole being revoked. This motion to reopen gives you the chance to present new evidence to the board or clarify evidence that should have been excluded during the hearing.

What is considered a consideration for granting or denying parole?

One of the primary considerations for granting or denying parole is the person’s criminal history.

What happens if a person's record shows a history of repeated criminal episodes?

If the person’s record shows a history of repeated criminal episodes, the board may interpret this as the offender having a predisposition for violence and posing a serious risk to the community. In this instance, the person would be denied parole.

What happens when the parole board votes for release?

Once the Parole Board votes for release, the inmate isn’t just let out on the street. Instead, the BPP sends his file back to TDCJ Parole Division Office so that a parole plan investigation can be completed.

What is important to understand about parole board?

What is important to understand is that the Parole Board has nothing to do with this investigation. Let that sink in a moment. So you’ve been voted for release, but then all of a sudden there’s a new person assigned to your case.

What does it mean when a BPP only votes for release?

Since the BPP only votes, that leaves the job of administratively processing and preparing an inmate for release to someone else. Which brings us to the second important point. 2. A vote for release is the beginning, not the end, of the Texas parole process. Once the Parole Board votes for release, the inmate isn’t just let out on the street.

What is the BPP in Texas?

The Texas Board of Pardons and Parole is administratively distinct from the Texas Department of Criminal Justice (and this matters). If you go to the Parole Board (BPP) website, you’ll see a url that includes “TDCJ.”. So you’d assume that the BPP is just another department inside the criminal justice system in Texas.

How long does it take to get a parole certificate in the BPP?

The BPP won’t issue a release certificate until you’ve got an approved parole plan. Even then, it will still be a few weeks until you are actually in the free world. The certificate has to be sent to Huntsville. Once HQ has it, you’ll probably be transferred to another facility, then released a couple weeks later…finally!

What to do if your sponsor bails on you?

Second, have a contingency plan if you can. If your sponsor bails on you, try to make sure there is someone else you can fall back on, and make sure they are willing to talk to TDCJ!

Can you get a parole certificate while waiting for parole plan approval?

3. You don’t get a certificate until your parole plan is approved and sent back to BPP.

What is the parole hearing in Texas?

Parole hearings are used to determine whether or not an inmate is ready to be released from incarceration and placed under community supervision, based on the decision of the parole board.

What to expect at parole hearing?

What to Expect at a Parole Hearing. Before a parole hearing takes place, a date for the hearing will be scheduled and the inmate will be notified of the date. Only inmates who are eligible for parole have the option of attending a parole hearing. Eligibility can be determined based on the nature of the offense for which the inmate was incarcerated.

Why is a parole application letter important?

A parole letter gives an inmate a chance to state why they should be released on parole. The letter will be given to the parole board and it can influence their decision to grant or deny parole. For this reason, putting a great deal of effort into a parole letter is ...

What is parole interview?

The Parole Interview. At a parole hearing, the inmate will appear before a group of officials for an interview. The parole board will ask the inmate direct questions about their criminal history, their time in prison and what they plan to do if they are granted parole. This can be very intimidating but it is important for inmates ...

How is parole eligibility determined?

Eligibility can be determined based on the nature of the offense for which the inmate was incarcerated. Once a hearing has been scheduled, the inmate’s case manager will notify the inmate of the date. A parole hearing is a chance for the inmate to explain why they should be released, how they feel about their offense and what they have learned ...

What is the point of a parole letter?

It should never blame others for the inmate’s actions or accuse the police of wrongful behavior. The point of a parole letter is to accept responsibility for an offense while making a strong case for the inmate’s chances of success in the outside world.

Can victims of parole be invited to parole hearings?

At many parole hearings, victims and relatives of victims may be invited to attend. The victims may be allowed to state why they feel the inmate should or should not be released on parole. The parole board will take this information into account when making their decision.