PART 5. TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 150. MEMORANDUM OF UNDERSTANDING AND BOARD POLICY STATEMENTS
SUBCHAPTER A. PUBLISHED POLICIES OF THE BOARD
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 150, Subchapter A §150.55 and §150.56, concerning memorandum of understanding and board policy statements. The amendments are proposed for addressing grammatical changes and sentence structure for uniformity and consistency throughout the rules.
David Gutiérrez, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.
Mr. Gutiérrez also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be to provide accurate rule titles and consistency in terminology throughout the rules. There will be no effect on small businesses, micro-businesses, or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.
An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code §2006.001(2).
Comments should be directed to Bettie L. Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under Texas Government Code, Title 5. Open Government, Subtitle B, Ethics, Chapter 572 and Section 508.0441. Subtitle B, Ethics, Chapter 572, is the ethics policy of this state for state officers or state employees. Section 508.0441 requires the Board to implement a policy under which a Board member or Parole Commissioner should disqualify himself or herself on parole or mandatory supervision decisions. Section 508.035, Government Code, designates the presiding officer to establish policies and procedures to further the efficient administration of the business of the board.
No other statutes, articles, or codes are affected by these amendments.
§150.55.Conflict of Interest Policy.
(a) Section 1--Policy.
(1) It is the policy of the Board that no Board Member
or Parole Commissioner shall have any interest, financial or otherwise,
direct or indirect; or engage in any business transaction or professional
activity or incur any obligations of any nature that [which
] is in substantial conflict with the proper discharge of their
[his] duties in the public interest. In implementing
this policy, they are provided the following standards of conduct,
disclosure, and disqualification to be observed in the performance
of their official duties.
(2) A Board Member or Parole Commissioner shall respect
and comply with the law and not allow their [his]
family, social, or other relationships to influence their [his] conduct, decisions, or judgment.
(b) Section 2--Disclosure.
(1) A Board Member or Parole Commissioner shall submit
generally, and on a case-by-case [case
by case] basis, written notice to the Presiding Officer
(Chair) of any substantial interest held by the Board Member or Parole
Commissioner in a business entity doing business with the Board of
Criminal Justice, TDCJ, or [and] the Board.
(2) A Board Member or Parole Commissioner having a personal or private interest in any measure, proposal, or decision pending before the Board (including parole and discretionary mandatory supervision) release decisions) shall immediately notify the Chair in writing of such interest. The Chair shall publicly disclose the Board Member's or Parole Commissioner's interest to the Board in a meeting of the Board. The Board Member or Parole Commissioner shall not vote or otherwise participate in the decision. The disclosure shall be entered into the minutes or official record of the meeting.
(3) A Board Member or Parole Commissioner shall consider
the possibility that they have [he is involved in]
a conflict of interest before making any decision or vote.
(4) If a Board Member or Parole Commissioner is uncertain
whether any part of the conflict-of-interest [conflict
of interest] policy applies to them [him]
in a specific matter, they [he] shall request
the General Counsel of the Board to determine whether a disqualifying
conflict of interest exists.
(c) Section 3--Standards of Conduct.
(1) No Board Member or Parole Commissioner shall accept
or solicit any gift, favor, or service that may [might]
reasonably tend to influence them [him] in the
discharge of their [his] official duties or
that they [he] know [knows]
or should know is being offered with the intent to influence their [his] official conduct.
(2) No Board Member or Parole Commissioner shall accept
employment or engage in any business or professional activity which they [he] might reasonably expect would require or
induce them [him] to disclose confidential information
acquired by reason of their official duties.
(3) No Board Member or Parole Commissioner shall accept
other employment or compensation that could [which
would] reasonably be expected to impair their [his]
independence of judgment in the performance of their [his
] official duties.
(4) No Board Member or Parole Commissioner shall make
personal investments that could reasonably be expected to create a
substantial conflict between their [his] private
interest and the public interest.
(5) No Board Member or Parole Commissioner shall intentionally
or knowingly solicit, accept, or agree to accept any benefit for having
exercised their [his] official powers or performed their [his] official duties in favor of another.
(d) Section 4--Disqualification.
(1) Disqualification. A Board Member shall recuse themself
[himself or herself] from voting on all clemency matters,
[matters;] and a Board Member or Parole Commissioner
shall recuse themself [themselves] from voting
on all decisions to release on parole or mandatory supervision
[decisions], and decisions to continue, modify, or revoke
parole or mandatory supervision when:
(A) they know that individually or as a fiduciary, they have an interest in the subject matter before them; or
(B) the Board Member or Parole Commissioner or their [his/her] spouse is related by affinity or consanguinity within
the third degree to a person who is the subject of the decision before them.
(2) Recusal. A Board Member shall disqualify themself
[himself or herself] from voting on all clemency matters,
[matters;] and a Board Member or Parole Commissioner
shall disqualify themself [themselves] from
voting on all decisions to release on parole or mandatory
supervision [decisions], and decisions to continue, modify,
or revoke parole or mandatory supervision when:
(A) their impartiality might reasonably be questioned;
(B) they have a personal bias or prejudice concerning the subject matter or person in the decision before them; or
(C) they were [the Board Member or
Parole Commissioner was] a complainant, a material witness,
or [has] served as counsel for the state or the defense
in the prosecution of the subject of the parole decision or revocation
decision before them.
(e) Section 5--Documentation.
(1) A Board Member or Parole Commissioner shall notify
the Chair and General Counsel in writing when they disqualify or recuse themself [themselves] from voting;
(2) A Board Member or Parole Commissioner shall provide the specific reason for disqualification or recusal;
(3) A Board Member or Parole Commissioner shall document the recusal or disqualification on the minute sheet of the offender's file; and
(4) A Board Member or Parole Commissioner shall place the written notification in the offender's file.
§150.56.Policies Pertaining to the Administration of the Agency.
(a) The Board has overall managerial responsibility for developing, promulgating, and investigating policies on parole and mandatory supervision.
(b) The Presiding Officer of the Board or the Presiding Officer's designee acts as the agency's liaison to the legislature. The Board shall have final approval over all proposed legislation before being submitted to the legislature.
(c) The Presiding Officer of the Board or the Presiding
Officer's designee shall serve as the agency’s [agency
] spokesperson on all matters pertaining to Board policy.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 22, 2024.
TRD-202403870
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: October 6, 2024
For further information, please call: (512) 406-5452
SUBCHAPTER A. MISSION AND ADMISSIONS
The Texas Board of Criminal Justice (board) proposes amendments to §152.1, concerning Correctional Institutions Division. The proposed amendments revise "offender" to "inmate" throughout and remove a reference to transfer facilities.
Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.
Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required.
The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.
The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.
Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.
The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §493.0021, which establishes organizational flexibility.
Cross Reference to Statutes: None.
§152.1.Correctional Institutions Division.
The Correctional Institutions Division (CID) is the division
of the Texas Department of Criminal Justice with operational responsibility
for providing safe and appropriate confinement, supervision, and rehabilitation
of Texas adult felony inmates [offenders]. The
CID operates a variety of secure correctional facilities including
prisons, pre-release facilities, psychiatric facilities, medical facilities,
substance abuse felony punishment facilities, state jails, [transfer
facilities,] and intermediate sanction facilities.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 26, 2024.
TRD-202403922
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: October 6, 2024
For further information, please call: (936) 437-6700
37 TAC §§152.21, 152.23, 152.25, 152.27
The Texas Board of Criminal Justice (board) proposes amendments to Chapter 152, Subchapter B, concerning Correctional Capacity. The proposed amendments revise "offender" to "inmate" and make grammatical updates throughout the subchapter; and revise §152.25 to amend the title, update the names of units, remove units that were sold or closed with no possibility of reopening, and update the maximum rated capacity of individual units.
Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice (TDCJ), has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the proposed amendments, will be to accurately reflect the maximum rated capacity of existing units within the TDCJ. No cost will be imposed on regulated persons.
The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no elimination of employee positions but will create positions; will have an increase in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.
Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.
The amendments are proposed under Texas Government Code § 492.013, which authorizes the board to adopt rules; and § 499.102-.110, which establishes procedures for determining unit and system capacity.
Cross Reference to Statutes: None.
§152.21.Purpose.
Pursuant to Texas Government Code §§499.102-499.110,
the purpose of this subchapter is to establish the maximum rated capacity
of individual units. This subchapter is not intended to create a liberty
interest or grant a right on the part of any inmate [offender
] within the custody of the Texas Department of Criminal Justice.
§152.23.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the content clearly indicates otherwise.
(1) De minimis increase in maximum rated unit capacity
is the addition of 2% or fewer beds to the capacity of a unit on a one-time
[one time] basis as originally established by the
Texas Board of Criminal Justice (TBCJ), and that [the]
addition will not increase the monthly gross payroll of the unit to
which it is added by $500,000 or more.
[(2) H.B. 124 is the statutory process
for increases other than a de minimis increase to capacity in accordance
with Texas Government Code §§499.102-499.110, as enacted
by H.B. 124, Acts 1991, 72nd Leg., ch. 655.]
(2) [(3)] Maximum rated unit
capacity is the greatest density of inmates [offenders]
in relation to space available for inmate [offender]
housing as established by the TBCJ.
§152.25.Maximum Rated Capacity of Individual [Individuals] Units.
The Texas Board of Criminal Justice establishes the following maximum rated capacities for existing units.
[Figure: 37 TAC §152.25]
§152.27.Unit and System Capacity Standards.
(a) Unit Capacity General Standard. Except as necessary
on a temporary basis, the number of inmates [offenders]
assigned to a unit shall not exceed the unit's maximum rated capacity
as established by the Texas Board of Criminal Justice.
(b) Texas Department of Criminal Justice (TDCJ) Operational Capacity Standard. The TDCJ should operate at no higher than 96% of the maximum system capacity.
(c) Increases in Capacity. An increase in maximum rated
unit capacity, other than a de minimis increase, shall be made in
accordance with Texas Government Code §§499.102-499.110 [H.B. 124].
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 26, 2024.
TRD-202403955
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: October 6, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) proposes amendments to §163.31, concerning Sanctions, Programs, and Services. The proposed amendments revise presentence and postsentence investigations to mirror statutory language; revise continuum of sanctions to progressive sanctions throughout; update references to Texas Gov't Code; and make grammatical and formatting updates.
Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.
Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.
The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.
Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.
The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §509.003, which authorizes the board to adopt reasonable rules establishing standards and procedures for the TDCJ Community Justice Assistance Division.
Cross Reference to Statutes: None.
§163.31.Sanctions, Programs, and Services.
(a) Core Services.
(1) Court Services. Each community supervision and corrections department (CSCD) shall:
(A) conduct presentence and postsentence [pre/post-sentence] investigations as ordered by the court and
in accordance with law;
(B) report violations to the court;
(C) provide testimony as custodian of the record;
(D) conduct assessments and complete reports mandated by law;
(E) make recommendations to the court regarding conditions of supervision; and
(F) maintain case files.
(2) Basic Supervision. Each CSCD shall:
(A) enforce conditions of community supervision;
(B) perform case intake;
(C) conduct assessments, reassessments, and case planning, and implement strategies to address identified offender risks and needs with the resources available to jurisdictions;
(D) provide contacts to offenders on direct community supervision per Texas Department of Criminal Justice (TDCJ) Community Justice Assistance Division (CJAD) standards;
(E) maintain case files;
(F) develop and monitor community service restitution programs;
(G) as ordered by the court, assess and, when needed, provide access to education, substance abuse, and mental impairment services;
(H) monitor employment and provide job and/or vocational services to employable offenders; and
(I) provide access to assessment and treatment services for sex offenders and violent offenders and maintain appropriate levels of supervision for these offenders.
(3) Administrative Services. Each CSCD shall provide adequate management and support service to the CSCD operation, commensurate with available resources, to include:
(A) administrative support staff;
(B) data processing support;
(C) data control and evaluation support;
(D) fiscal services support; and
(E) training coordinators.
(b) Progressive [Continuum of]
Sanctions. Each CSCD director should [shall]
ensure the development and implementation of a progressive [continuum of] sanctions model that addresses [address] the risks and needs of offenders as identified in the
jurisdiction's strategic plan, subject to available resources and
local policy.
(c) Regional Planning. Regional programs and services shall address regional needs as identified in each jurisdiction's strategic plan and respond efficiently and economically to specific offender issues for each of the participating jurisdictions. Each CSCD director participating in regional programs and services shall work with other CSCD directors affected by those regional efforts in the planning, developing, and implementing of regional programs and services to address offender needs.
(d) Community Service Restitution (CSR). Each CSCD director shall maintain written agreements with governmental and/or nonprofit entities to provide offenders opportunities to comply with court-ordered community service restitution according to Texas Code of Criminal Procedure article 42A.304.
(e) Educational Skill Level. Using a standardized educational screening instrument, each CSCD director shall ensure that all persons placed on community supervision, who are unable to document attainment of a high school diploma or GED shall be screened to determine if the persons possess:
(1) educational [Educational]
skills equal to or greater than the sixth grade level; or
(2) the [The] intellectual capacity
or learning ability to achieve the sixth grade skills level. Programs
that assist offenders in attaining the educational skill level of
sixth grade and above shall be developed and/or made available to
the courts for offender referral. Each CSCD director may maintain
written agreements with school and volunteer organizations to provide
tutoring to teach reading to functionally illiterate offenders.
(f) Methods for Measuring the Success of Community Supervision and Corrections Program. For purposes of Texas Government Code §509.007(b)(2), the success of programs provided by a CSCD or an entity served by a CSCD is measured by assessing rates of program completion and recidivism.
(1) Program completion is the completion of all required components of the program, and/or an offender's release from the program that is not related to any non-compliant behavior, an inappropriate placement, or death.
(2) Recidivism is a subsequent arrest for a new, separate offense that is punishable by incarceration. This definition does not include arrests for motions to revoke community supervision and bond forfeitures.
(g) Conflicts of Interest. Each CSCD director shall ensure the adoption of a written policy that prohibits possible conflicts of interest affecting the CSCD, its supervision officers, and employees.
(h) Partnerships with Law Enforcement Agencies. Each CSCD shall cooperate with and provide assistance to municipal, county, and state law enforcement agencies or peace officers in situations relating to offender supervision, absconder apprehension, victim services, and other community-based criminal justice activities.
(i) A CSCD may contract with another CSCD for services or facilities.
(j) A judicial district may contract for programs and services with a CSCD established for another judicial district, in lieu of establishing its own CSCD, if such a contract promotes administrative convenience, economy, or improved services.
(k) More than one CSCD may serve a judicial district that includes more than one county if providing more than one CSCD promotes administrative convenience, economy, or improved services.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 26, 2024.
TRD-202403924
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: October 6, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) proposes amendments to 37 TAC §163.37, concerning Reports and Records. The proposed amendments revise presentence report and postsentence report to mirror statutory language.
Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.
Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.
The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.
Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.
The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §509.003, which authorizes the board to adopt reasonable rules establishing standards and procedures for the TDCJ Community Justice Assistance Division.
Cross Reference to Statutes: None.
§163.37.Reports and Records.
(a) Case Records. Each community supervision and corrections department (CSCD) director shall develop and maintain a case record management system for offenders supervised by the CSCD. Each case record shall contain:
(1) the court order placing the person on community supervision citing all conditions of community supervision;
(2) a chronological listing of all supervision case activity, decisions, services rendered, and assessments;
(3) a criminal history record or summary issued by a law enforcement agency;
(4) periodic evaluations;
(5) if required, a presentence [pre-sentence
investigation] report (PSR) [(PSIR)] or postsentence [post-sentence investigation] report;
and
(6) other documents or information related to the defendant deemed appropriate by the community supervision officer or CSCD director.
(b) Case Record Confidentiality. Confidentiality of case records shall be maintained in accordance with federal and state laws. Confidential medical and psychological information shall be handled in accordance with 37 Texas Administrative Code §163.41. Information shall be released only under circumstances authorized by law or as directed by the court.
(c) Presentence and Postsentence [Pre-
and Post- Sentence Investigation] Reports (Reports). Unless
waived by the defendant, a PSR [PSIR] shall
be completed before the imposition of a sentence and in accordance
with the Texas Code of Criminal Procedure, art. 42A, Subchapter F.
If a PSR [PSIR] was not completed, a postsentence
[post-sentence investigation] report may be prepared,
if directed by the judge, in accordance with Texas Code of Criminal
Procedure, art. 42A.259. The reports, and the information obtained
in connection with the reports, are confidential and may be released
only to those persons and under those circumstances as authorized
by Texas Code of Criminal Procedure, art. 42A.256. Information contained
in the reports may be disclosed to the Department of Family and Protective
Services to the extent that such information discloses that a child's
physical or mental health or welfare has been adversely affected by
abuse or neglect. Copies of the completed reports shall be maintained
in a defendant's case file and made available for periodic audits,
reviews, or inspections by the Texas Department of Criminal Justice
Community Justice Assistance Division (TDCJ CJAD) staff.
(d) PSR [PSIR] Format. The TDCJ
CJAD format shall be used for preparing PSRs [PSIRs].
A different format may be used if the content requirements comply
with Texas Code of Criminal Procedure, art. 42A.253 and the format
is approved by both the TDCJ CJAD and the court having jurisdiction
over the defendant.
(e) Transfer to the TDCJ. Upon the revocation of community
supervision or an adjudication of guilt, the CSCD shall forward to
the county, for inclusion in the defendant's penitentiary packet,
a copy of the defendant's community supervision conditions, and if
prepared, a copy of the victim's impact statement, and a copy of the presentence or postsentence [pre- or post- sentence investigation
] report. The CSCD also shall forward any additional information
that was prepared for a revocation or other hearing and information
updating the PSR [PSIR].
(f) Interstate Transfer. CSCD directors shall comply with the uniform interstate transfer procedures and obtain the approval of the TDCJ Interstate Compact Office for an interstate transfer of supervision in accordance with Texas Government Code, Chapter 510 and the Interstate Compact for Adult Offender Supervision Rules.
(g) Intrastate Transfer. Each CSCD director shall comply with the uniform transfer procedures in accordance with 37 Texas Administrative Code §163.35(c)(8).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 26, 2024.
TRD-202403923
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: October 6, 2024
For further information, please call: (936) 437-6700