It is completely at the discretion of the voters a the Texas Board of Pardons and Paroles. However, the law requires that the Board provide a reason or reasons when they elect not o grant a person parole. Consequently, the Board uses a generic set of codes in order to comply with the law. The reasons are listed below, followed by the official definition of each one.
Once once or more codes is chosen by the Board, the boilerplate definition for each reason is automatically generated and inserted in the official document that is sent out toe each prisoner, called the "Notice of Parole Panel Decision". Although some of the reason available to the Board are fairly straightforward, others are not.
The record indicates that the inmate has repeatedly committed criminal episodes or has a pattern of similar offenses that indicates a predisposition to commit criminal acts upon release; or the record indicates that the inmate is a leaser or active participant in gang or organized criminal activity; or the record indicate juvenile or adult arrest for felony or misdemeanor offenses.
The record indicates that the inmate committed one or more violent criminal acts indicating a conscious disregard for the lives, safety, or property of others; or the instant offense or pattern of criminal activity has elements of brutality, violence, or conscious selection of victim's vulnerability such that the inmate poses a continuing threat to the public safety; or the record indicates use of a weapon.
The record indicates excessive drug or alcohol involvement that includes possession, use or delivery in the instant offense or criminal history.
The record indicates that the inmate committed a major disciplinary offense during the preceding six months resulting in a loss of good conduct time or loss of status below that at which the inmate entered prison; or a pattern of disciplinary infractions since the last review indicates a disregard for rules.
The record indicates unsuccessful periods of supervision on previous probation, parole, or mandatory supervision that resulted in incarceration, including parole-in-absentia.
The record indicates that the inmate refused to participate or intentionally failed to complete TDCJ-CID proposed program(s) made available to the inmate.
Number nine is reserved for mandatory supervision cases. Although something that is mandatory cannot, by definition, be labeled "discretionary", Mandatory Supervision is granted on a completely discretionary basis, although that was not always the case.
The Board generally does not inform the prisoner what is meant when the choice is 10D. However, once in a while, they still do.
The biggest drawback to the above list is that it fails to account for they myriad of general factors that can be involved in the Board's decision-making process.
Law Office of Kevin Stouwie
2941 Mossrock, #110
San Antonio, Texas 78230
Attorney Kevin Stouwie chooses to focus his law practice on representing Texas prison inmates seeking early release through parole because he believes people can learn from past mistakes and society as a whole benefits when former inmates receive opportunities to build new lives.
Law Office of Kevin Stouwie serves clients throughout Texas, and is based in San Antonio.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
"Kevin, I knew from the day we met that I had made the right choice. I will definitely recommend you to everyone I can...I cannot begin to express my deepest gratitude."
J. Solis- September, 2012
"Mr. Stouwie, I want you to know that my loved ones and I are very satisfied with your services. In my opinion, everything you did was perfect. You went above and beyond in your efforts to gain my freedom. I thank you for never giving up on me."
G. Flores - August, 2012
"Thank you so very much for winning my freedom back...My whole family says thank you as well...We made it!"
T. Morris - August, 2012
"Thank you for your hard work. I'm very grateful for having my son back."
M. Nguyen - June, 2012
"I'm stuck on WOW!!! During our interview, we discussed not expecting a miracle this go around. Repeat offender, two 18 year sentences, running cc, and you made my first parole! I'll be serving right at two years on this. UNBELIEVEABLE!...I'm just so grateful to you and your office for helping me gain my freedom...Nothing I can write on this paper could begin to express my gratitude."
Catherine B. - April, 2012
"I was granted the FI-2 and of course I am overjoyed and I want to thank you for all your assistance...I will recommend your services to others who may need trusted assistance in their (parole) review process."
T. Chau - March, 2012
"Thank you for all your help! May your family be blessed and you law office prosper and succeed. My freedom is precious and I shall not take it for granted."
B. Henderson - November 2011