Correctional Systems & Practices: 2313.900 (FINAL EXAM)
Roper v Simmons
Found it unconstitutional to execute someone under the age of 18.
Ford v Wainwright
Found it unconstitutional to execute the insane.
Drugs for lethal injection
"Texas, along with other states that hold executions, has been engaged in a battle for years to keep an adequate inventory of execution drugs. Currently, the state uses only pentobarbital, a sedative it has purchased from compounding pharmacies kept secret from the public (McCoullough, 2019).
Wardens in Texas
**Applicants are encouraged to submit copies of transcript/diplomas verifying education claimed with their State of Texas Application. ****Special Notice to applicants who applied for the 2021-2022 Warden posting: All interested applicants are required to submit a new application. Applications received for last year's posting **ARE NOT**renewable for this year's posting.**Warden I, Level 1 - $76,416.84/Annually Warden I, Level 2 - $79,971.36/Annually Warden I, Level 3 - $85,042.80/AnnuallyWarden II - $91,838.04/Annually *Current August 2023
9. DISCRETIONARY MANDATORY SUPERVISION—For a vote not to release, it is necessary to vote both D1 and D2, along with any other reasons that may apply.
A Release to Discretionary Mandatory Supervision. D1 The record indicates that the offender's accrued good conduct time is not an accurate reflection of the offender's potential for rehabilitation. D2 The record indicates that the offender's release would endanger the public.
Approval / Denial Reasons 1. CRIMINAL HISTORY
A The record does not include a documented pattern of violent or assaultive arrests or convictions. D The record indicates that the offender has repeatedly committed criminal episodes that indicate a predisposition to commit criminal acts upon release.
3. DRUG OR ALCOHOL INVOLVEMENT
A The record indicates limited or non-involvement with substance use. D The record indicates excessive substance use involvement.
2. NATURE OF OFFENSE
A The record indicates non-violent offenses and the instant offense indicates no tendency toward violent/assaultive behavior, with limited potential for future assaultive type offenses. D The record indicates the instant offense has elements of brutality, violence, assaultive behavior, or conscious selection of victim's vulnerability indicating a conscious disregard for the lives, safety, or property of others, such that the offender poses a continuing threat to public safety.
6. PARTICIPATION IN TDCJ-CID PROPOSED OR SPECIALIZED PROGRAMS
A The record indicates participation in and completion of TDCJ-CID programs and activities in the individual treatment plan that should enhance chances to obtain and maintain full-time stable employment. D The record indicates that the offender refused to participate or intentionally failed to complete TDCJ-CID programs and activities in the individual treatment plan.
5. ADJUSTMENT DURING PERIODS OF SUPERVISION
A The record indicates successful periods of supervision on probation, parole, or mandatory supervision. D The record indicates unsuccessful periods of supervision on previous probation, parole, or mandatory supervision that resulted in incarceration, including parole-in-absentia.
7. TIME SERVED
A The record indicates that length of time served by the offender is congruent with offense severity and criminal history. D The record indicates that length of time served by the offender is not congruent with offense severity and criminal history.
4. INSTITUTIONAL ADJUSTMENT
A The record indicates that the offender has maintained a satisfactory institutional adjustment. D The record indicates that the offender has an unsatisfactory institutional adjustment.
10. GANG AFFILIATION
A The record indicates that the offender is not a confirmed member of one of the TDCJ-CID designated security threat group. D The record indicates that the offender is a confirmed member of one of the TDCJ-CID designated security threat group.
11. OTHER
A or D Write an explanation.
Who Can Get a Multi-Year Review Period? Offenders can receive a multi-year review if they are convicted of an offense under Section 508.149(a), Government Code Links to an external site., or convicted of 2nd or 3rd degree Injury to a Child, Elderly Individual, or Disabled Individual. Offenders convicted of a violent offense as listed in Section 508.149(a), Government CodeLinks to an external site., below are not eligible for mandatory supervision. The majority of these offenses, along with 2nd and 3rd degree Injury to a Child, Elderly Individual, or Disabled Individual, are eligible for up to a five-year set-off. Two of these offenses, as specified below, are eligible for up to a ten-year set-off.
Aggravated Assault, 1st or 2nd Degree Aggravated Kidnapping, 1st or 2nd Degree Aggravated Robbery, 1st Degree Aggravated Sexual Assault, 1st Degree (up to a ten-year set-off) Any Offense with an Affirmative Finding of a Deadly Weapon Arson, 1st Degree Burglary, 1st Degree Capital Murder (up to a ten-year set-off) Compelling Prostitution Continuous Sex Abuse of a Young Child or Children Indecency with a Child Injury to a Child, Elderly, or Disabled Individual, 1st Degree Murder, 1st or 2nd Degree Robbery, 2nd Degree Sexual Assault Sexual Performance by a Child Trafficking of Persons A Felony Increased Under Health and Safety Code (Drug-Free Zones or Use of Child in Commission of Offense)
Women's prison program
Another issue for female prisoners is they may be pregnant or have other significant medical issues during incarceration. What happens to the child upon delivery is a significant concern for incarcerated females. They may be unsure of long-term care for the newborn or how to cope with the separation immediately after birth. This can contribute to significant psychological issues for the female prisoner and could affect behavior and treatment. More and more institutions are recognizing these concerns for female prisoners and started unique programs to address these issues. For example, the State of California has developed the Community Prisoner Mother Program: The Community Prisoner Mother Program (CPMP) is a community substance abuse treatment program where non-serious, nonviolent female offenders may serve a sentence up to six years. The CPMP has been in existence since 1985 and is mandated by Penal Code (PC) Section 3410. Women are placed in the program from any of the female institutions. Pursuant to PC 3410, program eligibility requires that the female offender have up to two children less than six years of age, have no active felony holds, nor any prior escapes. The female offender must sign a voluntary placement agreement to enter the program, followed by three years of parole. The CPMP facilities are not the property of CDCR, and a private contractor provides program services at our Pomona facility. The treatment program addresses substance issues, emotional functioning, self-esteem, parenting skills, and employment skills.
What if I am not eligible for an Expunction?
Another option is to obtain an "Order of Non-disclosure." Unlike Expunctions, an Order of Non-disclosure is available to those who successfully complete deferred adjudication for a Class B or above criminal offense. Once granted, the Order prevents law enforcement agencies, jails, courts and other public information agencies from releasing arrest information to private third parties. However, the Order does not prevent law enforcement agencies from sharing the information with one another or with certain authorized agencies, such as school districts. The arrest information may also be revealed in the case of subsequent criminal prosecutions. You will be eligible for this Order immediately upon completion of your deferred adjudication requirements if the crime did not involve, sex, guns or violence. If it does involve these areas, then you will have to wait five years before applying for the order. In the case of felony arrests, the waiting period is ten years. Orders of Non-disclosure are not available to those receiving deferred adjudication for kidnapping offenses, sex crimes, abandonment or endangerment of a child, injury to a child, the elderly or disabled, violation of a protective order, stalking or crimes involving family violence.
Denial Votes NR (Month/Year): Deny parole and set time for next parole consideration. (1) SB 45 Cases - Deny release and set the next review date for 36 or 60 months following the panel decision date; or (2) HB 1914 Cases - Deny release and set the next review date for 36, 60, 84, or 120 months following the panel decision date. SA: Deny parole with no regular subsequent review. (1) SB 45 Cases - The offender's minimum or maximum expiration date is less than 60 months away. The offender will continue to serve their sentence until that date; or (2) HB 1914 Cases - The offender's minimum or maximum expiration date is less than 120 months away. The offender will continue to serve their sentence until that date.
CU/NR (Month/Year-Cause Number): Deny parole and set time for next parole consideration. (1) SB 45 Cases - Deny release and set the next review date for 36 or 60 months following the panel decision date; or (2) HB 1914 Cases - Deny release and set the next review date for 60, 84, or 120 months following the panel decision date. CU/SA (Month/Year-Cause Number): Deny parole with no regular subsequent review. (1) SB 45 Cases - The offender's minimum or maximum expiration date is less than 60 months away. The offender will continue to serve their sentence until that date; or (2) HB 1914 Cases - The offender's minimum or maximum expiration date is less than 120 months away. The offender will continue to serve their sentence until that date. DMS (Month/Year): Deny release to mandatory supervision and set the next mandatory supervision review date one year from the panel decision date.
Kennedy v Louisiana
Capital punishment for rape of a child is unconstitutional.
Controlling prison violence
Controlling violence in prisons is significant for wardens. The inmates' exposure to violence can negatively impact their maladjustment during their incarceration (Meade & Steiner, 2013). Specter (2006) suggests that prisoners are violent because of the conditions of the prison itself. A significant contributor to violence in prisons is gang membership. Specter argues that providing Transitional Housing Unit programs is needed within the institutions and can help relieve some of the gang violence. Some results of these programs are promising. Furthermore, Bidna (1975) studied the impact of stricter security measures in California. A significant decline in the total number of stabbings was noted, however, no significant decrease in the rates of fatal stabbings or assaults by inmates to staff.
8. FELONY OFFENSE
D The record indicates that the offender has been charged before a magistrate, indicted, or convicted by a court of competent jurisdiction, with a felony offense committed while incarcerated.
Ways to remove criminal history In certain cases, Texas individuals are able to have their criminal record expunged (i.e. cleared), or they may petition for their record (including juvenile records) to be sealed through a nondisclosure order.
Expunctions and Orders of Non-Disclosure Is there a way to prevent my future employers from learning about a previous arrest? The only way to remove an arrest from your record is through an expunction. Expunctions, however, are only available to arrested individuals under limited circumstances. First, if an individual is tried and acquitted for an offense, or if she is tried, convicted, but subsequently pardoned for an offense, then she may expunge the record of her arrest for that offense so long as she has not also been convicted for another crime stemming from the same criminal episode.
FI-18R (Month/Year): Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than 18 months from specified date. Such TDCJ program shall be either the Sex Offender Treatment Program (SOTP-18), or the InnerChange Freedom Initiative (IFI). CU/FI (Month/Year-Cause Number): Designate the date on which the offender serving consecutive sentences would have been eligible for release on parole if the offender had been sentenced to serve a single sentence. This date shall be within a three-year incarceration period following the panel decision. RMS: Release to mandatory supervision.
Denial Votes NR (Month/Year): Deny parole and set time for next parole consideration. State law requires annual reviews except for offenders serving a sentence for an offense listed in Section 508.149(a), Government Code, or for an offense punishable as a felony of the second or third degree under Section 22.04, Penal Code. For these offenders, the next review date (month/year) may be set up to five years from the panel decision date, but in no event shall it be less than one calendar year from the panel decision date. SA: Deny parole with no regular subsequent review, requiring offender to serve balance of sentence, unless eligible for mandatory supervision consideration prior to projected release date. CU/NR (Month/Year-Cause Number): Deny favorable action and set the next review date at one year from the panel decision date. If the offender is serving a sentence for an offense listed in Section 508.149(a), Government Code, or for an offense punishable as a felony of the second or third degree under Section 22.04, Penal Code, the next review date (month/year) may be set at any date in the five-year incarceration period following the panel decision date, but in no event shall it be less than one calendar year from the panel decision date.
How long does it take to obtain an Expunction/Order of Non-disclosure?
Expunction - Once an Expunction request is filed, it takes approximately six to eight weeks for the court to rule on it. If the request is granted, the court orders all city, state and federal agencies to destroy the arrest records. This normally takes about 4 months, but has been known to take up to one year. You should check on the status with the DPS headquarters located in Austin if you have any concerns. Order of Non-disclosure - Once the Order is granted, the clerk of the court must send a certified letter to DPS indicating the existence of the Order. The DPS then must send letters to any other agency that might have records of the arrest. No timetable is provided in the statute indicating how long DPS has to complete this task. (Source : UT Texas Dean of Students Office) Criminal History Department of Public Safety Expunction Manual See the expunction manual here.Links to an external site. Disclaimer : These policies/laws may be updated since this material was published. Below is the code of criminal procedures for the expunction of records. It explains who is eligible, and the procedures.
Approval Votes FI-1: Release the offender when eligible. FI-4R: (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP). FI-9R: (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9).
FI-18R (Month/Year): Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than eighteen months from the specified date. Such TDCJ program may include the Sex Offender Treatment Program (SOTP-18), or the InnerChange Freedom Initiative (IFI). In no event shall the specified date be set more than three years from the current panel decision date. CU/FI (Month/Year-Cause Number): A favorable parole action that designates the date an offender would have been released if the offender had been sentenced to serve a single sentence. RMS: Release to mandatory supervision.
Parole Panel Voting Options The voting panels of the Texas Board of Pardons and Paroles do not vote just "yes" or "no" on parole cases. The panels have a number of voting options for parole approval. The Board may withdraw an approval vote at any time if new information is received. Approval Votes
FI-1: Release the offender when eligible. FI-2 (Month/Year): Release on a specified future date. FI-3R (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than three months from specified date. Such TDCJ program may include either CHANGES/Lifeskills, Voyager, Segovia Pre-Release Center (Segovia PRC), or any other approved tier program. FI-4R (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP). FI-5: Transfer to In-Prison Therapeutic Community Program (IPTC). Release to aftercare component only after completion of IPTC program. FI-6: Transfer to a DWI Program and release to a continuum of care program. FI-6R (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and no earlier than six months from specified date. Such TDCJ program may include the Pre-Release Therapeutic Community (PRTC), Pre-Release Substance Abuse Program (PRSAP), or In-Prison Therapeutic Community Program (IPTC), or any other approved tier program. FI-7R (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than seven months from the specified date. Such TDCJ program shall be the Serious and Violent Offender Reentry Initiative (SVORI). FI-9R (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9).
CU/SA (Month/Year-Cause Number): If the offender is serving a sentence for an offense listed in Section 508.149(a), Government Code, or for an offense punishable as a felony of the second or third degree under Section 22.04, Penal Code; deny release and order serve-all, but in no event shall this be utilized if the offender's maximum expiration date is over five years from the date of the panel decision. If the offender is not serving an offense under Section 508.149(a), Government Code, deny release and order serve-all, but in no event shall this be utilized if the offender's maximum expiration date is over one year from the date of the panel decision. DMS (Month/Year): Deny release to mandatory supervision and set the next mandatory supervision review date one year from the panel decision date.
Full Board Parole Decisions - SB 45 and HB 1914 A two-thirds majority vote of the Board is necessary for parole decisions involving: offenders convicted of or serving a sentence for a capital felony, an offense under Section 20A.03 [Continuous Trafficking of Persons], Section 21.02 [Continuous Sexual Abuse of Young Child or Children], Section 21.11(a)(1) [Indecency with a Child], or Section 22.021 [Aggravated Sexual Assault] of the Penal Code, or offenders required under Texas Government Code Section 508.145(c) to serve 35 calendar years before becoming eligible for release on parole. These offenders, except capital felons serving a life sentence and those convicted of or serving a sentence for Aggravated Sexual Assault, are eligible for up to a 5 year set-off. Capital felons serving a life sentence and those offenders with Aggravated Sexual Assault offenses are eligible for up to a 10 year set-off.
Death Penalty Cases
Furman v. Georgia - Found the death penalty unconstitutional because they gave the jury complete discretion when determining life or death. Therefore the death penalty had been imposed arbitrarily, infrequently, and often against people of color. States had to re-write statutes that were constitutional. Ford v. Wainwright - Barred execution of those who became incompetent/insane while on death row. Kennedy v. Louisiana - Outlawed the death penalty for any crime not involving murder. No death penalty for rape of a child where no death occurred. There are other capital crimes that exist with the death penalty, but the punishment cannot be grossly disproportionate to the crime. Roper v. Simmons - The death penalty cannot be imposed for anyone under the age of 18 Coker v. Georgia - Unconstitutional for the death penalty to be used when rape of an adult occurred and there was no death. Gregg v. Georgia (1976) - Upheld laws that required the sentencing judge or jury to take into account specific aggravating and mitigating factors in deciding which convicted murderers should be sentenced to death. Atkins v. Virginia (2002) - Execution of the intellectually disabled was unconstitutional.
EVIDENCE-BASED REHABILITATION REFORMS
Implemented historic evidence-based rehabilitation reforms During FY 2007-08, DARS also played a major role in historic reforms to bring evidence-based rehabilitation to California's correctional system. These reforms use evidence-based rehabilitation - academic, vocational, substance abuse and other programs - to help offenders succeed when they return to their communities and reduce the State's recidivism rate. The major principles of evidence-based programs include: research-based risk and needs assessments, targeting of criminogenic needs, skills-oriented, responsivity to an individual's unique characteristics, program intensity (dosage), continuity of care, and ongoing monitoring and evaluation.
Release from prison : Time served
Information relating to time served for awaiting prison assignment. Let's look at an offender who was convicted and sentenced to a period of 10 years in prison. Prior to the trial, the offender remained in jail for two years because he/she could not afford bail. The offender was also housed in jail awaiting transfer to a prison institution because they were being classified and the institution was awaiting a bunk for the inmate. Those two years the offender spent in jail awaiting trial will be counted towards their sentence of 10 years. Also, once the sentence is pronounced, the sentence begins regardless of their location. So if the offender is still in jail awaiting transfer, the time is counted towards their sentence. See the information below. There are still many other circumstances, and statutes may vary by state.
Smuggling
Most people would assume that drugs get into prisons or jails by visitors or other criminals outside the prison walls by smuggling them inside somehow, but most people don't assume that staff bring in drugs themselves. As we can see with the recent incidence in Tarrant County, that isn't the case. It has long been known that staff, vendors, third-party contractors can also participate in the smuggling of contraband into prisons and jails. The police have arrested an outside vendor for bringing in drugs for inmates in Tarrant County. After inmates overdosed, this brought on an investigation. It was discovered that this vendor was bringing in drugs. It can be difficult for institutions to combat contraband in prisons and jails when it's trusted staff and vendors who smuggle the drugs. Some facilities have very strict screening protocols for anywhere entering the facility, whether you work there or not. Oftentimes the facilities will become too complacent and forget to thoroughly search everyone, and it might not be practical in all situations, but it may now be necessary.
CONCEPTS OFORGANIZATION
Line personnel: Direct contact with inmatesoEmployees who are directly concerned with furthering the institution's goals and who are in direct contact with clients. Custody force Industry and agricultural supervisors Counselors Medical technician so Majority of personnel are line personnel
Wardens in Texas
MINIMUM QUALIFICATIONS:1. Sixty semester hours from a college or university accredited by an organization recognized by the Council for Higher Education Accreditation (CHEA) or by the United States Department of Education(USDE). An additional thirty semester hours from an accredited college or university may be substituted for one year of non-supervisory experience. A Bachelor's degree in Criminal Justice or a related field from an accredited college or university may be substituted for two years of the non-supervisory experience.2. Ten years full-time, wage-earning adult correctional custody or adult criminal justice program administration experience to include six years in the supervision of employees.**Warden I positions will be filled in accordance with the current TDCJ Selection Policy, PD-71. Applications will be accepted and will remain on file for use in the selection of applicants for Warden vacancies statewide. Applicants are requested to submit a current resume and must indicate their geographic preference on the State of Texas Application for Employment.**
CONCEPTS OFORGANIZATION
Staff personnel :o Employees who provide services in support of line personnel; examples of staff personnel including training officers and accountants. Warden - CEO of the institution Chief executive of institution Institution's main contact with the outside world His/Her attitude sets the tone for the entire organization. Today's warden needs a variety of skills toad equately manage a large organization like a prison.
Smuggling
Not only are correctional institutions plagued with contraband being smuggled from visitors, they are also working against their own sometimes. This is very problematic for the intuitions and most facilities require their officers to go through routine security checks upon entering. However, sometimes they can become very elusive even with required checks. See the article below. "A South Carolina corrections officer found herself in a sticky situation after she was caught attempting to smuggle Rice Krispies Treats to inmates — that were studded with drugs. Marcy T. Shafer, 43, was busted with the sweet and crunchy contraband Thursday as she tried to enter the Camille Griffin Graham Correctional Institution in Richland County, according to the South Carolina Department of Corrections Links to an external site.. Photos showed Links to an external site.the doctored marshmallow snacks inside plastic bags — and dotted with four orange, oval pills. Two of the same pills were discovered in a prescription pill bottle with Shafer's name, according to the arrest warrant, however the pill bottle was for a different prescription. Authorities believe the six, 30mg pills are amphetamine and dextroamphetamine. Shafer, of Columbia, admitted to the crime, according to the warrant, and was arrested and charged with possession of narcotics with intent to distribute, furnishing prisoners with contraband and misconduct in the office. She was fired after the arrest, the SCDC said." Eustachwich, Lia (2021). "Jail guard caught smuggling pill-filled Rice Krispies treats." New York Post.
Parole Review Process
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. An Institutional Parole Officer (IPO) of the Texas Board of Pardons and Paroles interviews the offender and prepares a parole case summary for the Board. The offender's file is sent to the designated board office for review and vote by a Parole Panel. A panel consists of three voting members and a majority of two votes is needed for a final decision. Voting is sequential, with one panel member recording their vote and passing it to the next panel member. If the first two votes are the same, the vote is final. If the first two votes differ, the third panel member reviews the case and breaks the tie. An interview with the offender is at the discretion of the Parole Panel member, as are interviews with individuals in support or protest of an offender's release to parole. Parole Panel members must grant an interview to victims, as defined by statute, upon request. Offender is notified of the Parole Panel decision via correspondence. A denial will include the next review date. An approval may include special conditions
An individual who has not gone to trial and been acquitted or pardoned for an offense, however, may still expunge the record of her arrest, if and only if she can meet the following set of requirements:
The individual must not have been convicted for the offense for which s/he was arrested, and The individual did not intentionally or knowingly flee after being released on bail, and The arrest did not arise out of a warrant issued for a violation of community supervision, A court has not ordered community supervision for the crime, and eitherThe requisite time period has passed, orThe prosecutor certifies the arrest records are no longer needed, orThe charge was dismissed because the individual completed a pretrial intervention program, orThe charge was void or based on a mistake or false information, orThe prosecution of the offense is no longer possible because the statute of limitations has expired If all of these circumstances are true, then an individual who has not been indicted or has been falsely indicted may also expunge the record of her arrest despite her not having been acquitted or pardoned for the offense.
REDUCED RECIDIVISM
Return-to-prison rates are significantly reduced for offenders completing in-prison and community-based substance abuse treatment programs The utility of corrections-based treatment for substance abusing offenders has spurred both research and debate this decade. The Prison Journal contains reports on the nation's three largest prison-based treatment studies. These studies, being conducted in California, Delaware, and Texas, offer further evidence that substance abuse treatment for appropriate correctional populations can work when adequate attention is given to engagement, motivation, and aftercare. 1 Corrections-based treatment policy should emphasize a continuum of care model (from institution to community) with high quality programs and services. 2 1 (Simpson, D.D., Wexler, H.K., & Inciardi, J.A. (Eds.) (September/December, 1999). Special issue on drug treatment outcomes for correctional settings, parts 1 & 2. The Prison Journal, 79 (3/4). 2 (Hiller, M. L., Knight, K., & Simpson, D. D. (1999). Prison-based substance abuse treatment, residential aftercare and recidivism. Addiction, 94(6), 833-842. DARS' multi-year commitment to linking inmates who have completed in-prison substance abuse programs with community-based substance abuse treatment programs is proving to be a successful combination.
Atkins v Virginia
Ruled that it was unconstitutional to execute the developmentally disabled.
Who may obtain parole? The Correctional Institutions Division Records Office of the Texas Department of Criminal Justice (TDCJ) calculates parole eligibility dates for all offenders, except those on death row or in other specific cases. The percentage of a sentence that must be served to reach eligibility varies according to the nature of the offense and as specified by statute. The parole eligibility date may change based on good conduct time. To check on a specific offender's parole eligibility date, go to the TDCJ Offender Search link.Links to an external site.
SIMILARITIES Between Parole and Mandatory Release Both types of releasees must serve the remainder of the sentence under supervision. The parole panel may impose certain conditions of release. Violation of the conditions can lead to sanctions or revocation of supervision. Parole Review Periods How often is an offender able to receive a parole review? Offenders receive an annual review, except those convicted of an offense under Section 508.149(a), Government CodeLinks to an external site., or those convicted of 2nd or 3rd degree Injury to a Child, Elderly Individual, or Disabled Individual. Depending on the specific offense, those offenders may be eligible for up to a ten-year set-off. If a parole panel votes a Serve All (SA), the offender will not be reviewed for parole again prior to discharging their sentence. However, if eligible, the offender may still be reviewed for discretionary mandatory supervision.
CODE OF CRIMINAL PROCEDURE TITLE 1. CODE OF CRIMINAL PROCEDURE CHAPTER 42. JUDGMENT AND SENTENCE Art. 42.09. COMMENCEMENT OF SENTENCE;STATUS DURING APPEAL;PEN PACKET.
Sec. 1. Except as provided in Sections 2 and 3, a defendant shall be delivered to a jail or to the Texas Department of Criminal Justice when his sentence is pronounced, or his sentence to death is announced, by the court. The defendant's sentence begins to run on the day it is pronounced, but with all credits, if any, allowed by Article 42.03 (Links to an external site.)Links to an external site.. Sec. 2. (a) In all criminal cases the judge of the court in which the defendant is convicted shall give the defendant credit on the defendant's sentence for the time that the defendant has spent: (1) in jail for the case, including confinement served as described by Article 46B.009 (Links to an external site.)Links to an external site. and excluding confinement served as a condition of community supervision, from the time of his arrest and confinement until his sentence by the trial court; (2) in a substance abuse treatment facility operated by the Texas Department of Criminal Justice under Section 493.009 (Links to an external site.)Links to an external site., Government Code, or another court-ordered residential program or facility as a condition of deferred adjudication community supervision granted in the case if the defendant successfully completes the treatment program at that facility; or (3) confined in a mental health facility or residential care facility as described by Article 46B.009 (Links to an external site.)Links to an external site.. (b) In all revocations of a suspension of the imposition of a sentence the judge shall enter the restitution due and owing on the date of the revocation.
Art. 42.03. PRONOUNCING SENTENCE; TIME; CREDIT FOR TIME SPENT IN JAIL BETWEEN ARREST AND SENTENCE OR PENDING APPEAL.
Sec. 3. If a defendant appeals his conviction, is not released on bail, and is retained in a jail as provided in Section 7, Article 42.09 (Links to an external site.)Links to an external site., pending his appeal, the judge of the court in which the defendant was convicted shall give the defendant credit on his sentence for the time that the defendant has spent in jail pending disposition of his appeal. The court shall endorse on both the commitment and the mandate from the appellate court all credit given the defendant under this section, and the Texas Department of Criminal Justice shall grant the credit in computing the defendant's eligibility for parole and discharge. Sec. 4. When a defendant who has been sentenced to imprisonment in the Texas Department of Criminal Justice has spent time in jail pending trial and sentence or pending appeal, the judge of the sentencing court shall direct the sheriff to attach to the commitment papers a statement assessing the defendant's conduct while in jail.
Sec. 3. If a defendant appeals his conviction, is not released on bail, and is retained in a jail as provided in Section 7, Article 42.09 (Links to an external site.)Links to an external site., pending his appeal, the judge of the court in which the defendant was convicted shall give the defendant credit on his sentence for the time that the defendant has spent in jail pending disposition of his appeal. The court shall endorse on both the commitment and the mandate from the appellate court all credit given the defendant under this section, and the Texas Department of Criminal Justice shall grant the credit in computing the defendant's eligibility for parole and discharge.
Sec. 4. When a defendant who has been sentenced to imprisonment in the Texas Department of Criminal Justice has spent time in jail pending trial and sentence or pending appeal, the judge of the sentencing court shall direct the sheriff to attach to the commitment papers a statement assessing the defendant's conduct while in jail. Sec. 7. If a defendant is sentenced to a term of imprisonment in the Texas Department of Criminal Justice but is not transferred to the department under Section 3 or 4, the court, before the date on which it would lose jurisdiction under Article 42A.202 (Links to an external site.)Links to an external site.(a), shall send to the department a document containing a statement of the date on which the defendant's sentence was pronounced and credits earned by the defendant under Article 42.03 (Links to an external site.)Links to an external site. as of the date of the statement.
Factors Considered in the Voting of a Case The Texas Board of Pardons and Paroles seeks to make just decisions in parole cases to restore human potential and to provide prudent conditions of release for a structured reintegration of an offender into the community, always conscious of public safety. When voting individual parole cases, the Parole Panel considers many factors:
Seriousness of the offense(s). Letters of support and/or protest. Sentence length/amount of time served. Criminal history / other arrest, probation, parole Number of prison incarcerations. Juvenile history Institutional adjustment (participation in specialized programs). Offender age
Use of force : Inmates
The 8th amendment helps protect the inmates by keeping them free from cruel and unusual punishment. Two court cases that are worthy of discussion are Hudson v. McMillian, and Wilkins v. Gaddy. Hudson v. McMillian set a precedent that EXCESSIVE FORCE used towards an inmate may be cruel and unusual even if there are no serious injuries. If an inmate is making a claim that their 8th amendment was violated or filing a civil suit, the inmate needs to articulate how the officer(s) were malicious or sadistic and wanted to cause harm. Further, the court case concluded that courts will ask the questions, 1.) what was the need for the force used, 2.) was the amount of force necessary, 3.) the threat of the inmate, 4.) were any other methods deployed first to diffuse the situation. Determining if officers used excessive force is a subjective test and requires an analysis of the totality of the circumstances. Additionally, Wilkins v. Gaddy concluded that the use of excessive force claims made by inmates will be determined by the nature of the force instead of the seriousness of the injury, even if no injury exists. Now, when can officers use lethal force to prevent an escape? Generally speaking, correctional officers can use lethal force to prevent escape if they are escaping from a secure institution or while in transport OR they pose an imminent danger to other prisoners, staff or the public. I have a link to a jail's use of force policy.Links to an external site.This is for a jail, not a prison, so there could be some slight variations, BUT overall follow similar protocols.
REDUCED RECIDIVISM
The most recent data which followed offenders who paroled in 2005-06 for a one-year and a two-year period demonstrates that the recidivism rate was reduced for offenders who completed in-prison substance abuse treatment programs - with a more substantial reduction in recidivism for offenders completing in-prison followed by community-based substance abuse treatment programs. Recidivism, or return-to-prison, is defined as a paroled offender returning to prison for any reason during a specified time period. This includes offenders who are returned to Substance Abuse Treatment-Control Units in correctional facilities; returned pending a revocation hearing by the Board of Parole Hearings on charges of violating the conditions of parole; returned to custody for parole violations to serve revocation time; or returned to custody by a court for a new felony conviction.
So why bother with an Expunction or Order of Non-disclosure?
The advantages of an Expunction or an Order of Non-disclosure are numerous. Employment and other types of applications often ask if you have ever been arrested for a criminal offense. In most cases, a person who has had an arrest expunged or has acquired an Order of Non-disclosure can answer, "No". Note, however, that many law enforcement, security and military agencies expect applicants to disclose even expunged arrests; failure to do so may result in termination. Such is also the case for people applying for a license from such entities as the State Bar of Texas or the State Board of Medical Examiners, wherein an applicant can be denied licensing.
Parole
The broad discretion accorded the parole officer is also inherent in some of the quite vague conditions, such as the typical requirement that the parolee avoid "undesirable" associations or correspondence. Yet revocation of parole is not an unusual phenomenon, affecting only a few parolees. According to the Supreme Court in Morrissey v. Brewer, 35% - 45% of all parolees are subjected to revocation and return to prison. Sometimes revocation occurs when the parolee is accused of another crime; it is often preferred to a new prosecution because of the procedural ease of recommitting the individual on the basis of a lesser showing by the State.
How long are the requisite waiting periods?
The current expunction law requires that a person wait out a prescribed time period before obtaining an expunction. The time periods are shorter than the statute of limitations for the particular crime committed and vary depending on the class of the crime committed. Those seeking expunctions for Class C misdemeanors must wait until 180 days after the date of arrest, while those seeking expunctions for Class B or A must wait one year and those seeking expunctions for felonies must wait three years after the date of arrest. However, if you decide to request an expunction based upon the shorter waiting period rather than the statute of limitations, the prosecutor may keep your file. If you would prefer that the prosecutor not be allowed to keep your file, you may wish to wait until the statute of limitations for the crime has run.
Furman v Georgia
The death penalty was unconstitutional because of the way it was administered.
New Evidence-Based Rehabilitation Treatment Model
The goal of evidence-based rehabilitation is to reduce recidivism by implementing the five principles of effective intervention: • Risk Principle: Target high-risk offenders • Need Principle: Treat risk factors associated with offending behavior • Treatment Principle: Employ evidence-based treatment approaches • Responsivity Principle: Tailor treatments to meet special needs • Fidelity Principle: Monitor implementation, quality, and treatment fidelity Substance Abuse Programs represent one of several core offender rehabilitation program areas that also include: Education; Vocation; Criminal Thinking, Behaviors and Associations; and Anger, Hostility and Violence Management. Integrated service delivery fosters rehabilitation by incorporating various types of treatment that correspond to each individual's unique needs, instead of a standard set of services. Practitioners within the fields of education, vocation, substance abuse treatment, and mental health will collaborate to design individualized treatment plans and analyze and monitor the overall impact of all treatment services for each individual.
Parole
The parole officers are part of the administrative system designed to assist parolees and to offer them guidance. The conditions of parole serve a dual purpose; they prohibit, either absolutely or conditionally, behavior that is deemed dangerous to the restoration of the individual into normal society. Moreover, through the requirement of reporting to the parole officer and seeking guidance and permission before doing many things, the officer is provided with information about the parolee and an opportunity to advise him. The combination puts the parole officer into the position in which he can try to guide the parolee into constructive development. The enforcement advantage that supports the parole conditions derives from the authority to return the parolee to prison to serve out the balance of his sentence if he fails to abide by the rules. In practice, not every violation of a parole condition will automatically lead to a revocation. Typically, a parolee will be counseled to abide by the conditions of parole, and the parole officer ordinarily does not take steps to have parole revoked unless he thinks that the violations are serious and continuing so as to indicate that the parolee is not adjusting properly and cannot be counted on to avoid antisocial activity.
Parole
The practice of releasing prisoners on parole before the end of their sentences has become an integral part of the correctional system in the United States. Parole is a variation on imprisonment of convicted criminals. Its purpose is to help individuals reintegrate into society as constructive individuals as soon as they are able, without being confined for the full term of the sentence imposed by the courts. It also serves to lessen the costs to society of keeping an individual in prison. The essence of parole is release from prison, before the completion of sentence, on the condition that parolees abide by certain rules during the balance of the sentence. Under some systems, parole is granted automatically after the service of a certain portion of a prison term. Under others, parole is granted by the discretionary action of a board, which evaluates an array of information about a prisoner and makes a prediction whether he is ready to reintegrate into society.
Parole
To accomplish the purpose of parole, those who are allowed to leave prison early are subjected to specified conditions for the duration of their parole. These conditions of parole restrict their activities substantially beyond the ordinary restrictions imposed by law on an individual citizen. Typically, parolees are forbidden to use alcohol and other intoxicants or to have associations or correspondence with certain categories of undesirable persons (such as felons). Typically, also they must seek permission from their parole officers before engaging in specified activities, such as changing employment or housing arrangements, marrying, acquiring or operating a motor vehicle, traveling outside the community, and incurring substantial indebtedness. Additionally, parolees must regularly report to their parole officer.
What is Parole? Parole is the discretionary release of an offender, by a Board of Pardons and Paroles decision, to serve the remainder of a sentence in the community under supervision. Parole is a privilege, not a right.
What is Mandatory Supervision? Mandatory Supervision is a legislatively mandated release of a prisoner to parole supervision when the combination of actual calendar time and good conduct time equal the sentence. Good conduct time is credited to an offender for participating in work and self-improvement programs. Not all offenders are eligible. Offenders convicted of offenses listed under §508.149(a) Links to an external site.Government Code, are not eligible. Also, the Board may deny mandatory release on a case-by-case basis for offenders whose offense date was on or after September 1, 1996 (Discretionary Mandatory Release).
Are Class C Misdemeanors handled differently with regard to Expunctions?
Yes. The "no conviction" and "no community supervision" requirements noted above do not apply. Hence, one arrested for public intoxication, minor in possession of alcohol or any other Class C misdemeanor may have the arrest expunged if she received "deferred disposition" (the Class C equivalent of deferred adjudication) for the alleged offense. Deferred disposition means a final conviction is not entered against the defendant while she completes a period in which she cannot repeat the offense (usually 90 days). Thereafter, the charge is dismissed, but the arrest remains on the defendant's record unless it is expunged. The other requirements do apply, however, so the person must wait 180 days after the arrest date before applying for an expunction.
To integrate these evidence-based principles, DARS:
• Demonstrated that the national research which states that in-prison substance abuse treatment followed by community-based aftercare reduces recidivism. • Integrated evidence-based treatment services in DARS' treatment model. DARS solicited input for its treatment model from experts in the field including the CDCR Expert Panel, the DARS Treatment Advisory Committee and outside evaluators. This treatment design now includes Cognitive Behavioral Treatment and Psycho-Educational Interventions as well as the modified Therapeutic Community model. DARS in-prison substance abuse provider contracts now include the requirement that programs offer all of these models. Also included in this expanded treatment model is individualized treatment planning based on risk and needs assessment from COMPAS as an initial screening tool and the ASI as a secondary assessment instrument. • Implemented recommendations in "The Master Plan for Female Offenders: A Blueprint for Gender-Responsive Rehabilitation 2008" from the Division of Adult Institutions' Female Offender Programs and Services (FOPS) office, and national experts including Barbara Bloom, Ph.D., Stephanie Covington, Ph.D., Barbara Owen, Ph.D., Nena Messina, Ph.D. and Christine Grella, Ph.D. These recommendations have informed CDCR's approach to providing Gender Responsive and Trauma-Informed Treatment for female offenders. • Opened the first-of-its-kind Trauma-Informed Gender-Responsive substance abuse treatment program for female offenders at Leo Chesney Community Correctional Facility. This program was implemented in collaboration with CDCR's FOPS Division. This evidence-based model will be included in all AB 900 slots being added at Central California Women's Facility and Valley State Prison for Women.
To integrate these evidence-based principles, DARS:
• Participated in launching a pilot project at California State Prison, Solano, to implement and assess the effectiveness of DARS' expanded treatment model, which includes science-based risk and needs assessment tools, risk-needs responsive treatment services and integrated treatment services. Placement of inmates is based on their risk to reoffend and their need for rehabilitative programs. CDCR is initially targeting offenders with a moderate to high risk to reoffend for placement in intensive rehabilitation programs that include substance abuse, vocation and education, anger management, and criminal thinking.
