Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > TEXAS > Texas Parole, Probation, Work Release & Community Service
Register Entertainment FAQ Calendar Mark Forums Read

Texas Parole, Probation, Work Release & Community Service All information & questions relating to parole, probation, work release & community service in the State of Texas should be posted here. Also found here is information in creating Parole Packets, discussion of Parole Attorneys, etc.

Closed Thread
 
Thread Tools Display Modes
  #1  
Old 01-30-2005, 11:24 AM
Retired-18 Retired-18 is offline
Account Closed
 

Join Date: Feb 2004
Posts: 3,967
Thanks: 0
Thanked 6 Times in 5 Posts
Default Interstate Compact from a Texas Prison-Definitions and Proceedures

Definitions

As used in these rules, unless the context clearly requires a different construction—

(a) “Abscond” means to be absent from the offender’s approved place of residence or employment with the intent of avoiding supervision. Adopted November 3, 2003



(b) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. Adopted November 3, 2003



(c) “Application fee” means a reasonable sum of money charged an interstate compact offender by the sending state for each application for transfer prepared by the sending state. Adopted November 3, 2003



(d) “Arrival” means to report to the location and officials designated in reporting instructions given to an offender at the time of the offender’s departure from a sending state under an interstate compact transfer of supervision. Adopted November 3, 2003



(e) “By-laws” means those by-laws established by the Interstate Commission for Adult Offender Supervision for its governance, or for directing or controlling the Interstate Commission’s actions or conduct. Adopted November 3, 2003



(f) “Compact administrator” means the individual in each compacting state appointed under the terms of this compact and responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission for Adult Offender Supervision, and policies adopted by the State Council under this compact. Adopted November 3, 2003



(g) “Compact commissioner” or “commissioner” means the voting representative of each compacting state appointed under the terms of the Interstate Compact for Adult Offender Supervision as adopted in the member state. Adopted November 3, 2003



(h) “Compliance” means that an interstate compact offender is abiding by all terms and condition of supervision, including payment of restitution, family support, fines, court costs or other financial obligations imposed by the sending state. Adopted November 3, 2003



(i) “Deferred sentence” means a sentence the imposition of which is postponed pending the successful completion by the offender of the terms and conditions of supervision ordered by the court Adopted November 3, 2003



(j) “Detainer” means an order to hold an offender in custody. Adopted November 3, 2003



(k) “Discharge” means the final completion of the sentence that was imposed on an offender by the sending state. Adopted November 3, 2003



(l) “Extradition” means the return of a fugitive to a state in which the offender is accused, or has been convicted of, committing a criminal offense, by order of the governor of the state to which the fugitive has fled to evade justice or escape prosecution.

Adopted November 3, 2003

(m) “Offender” means an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request transfer of supervision under the provisions of the Interstate Compact for Adult Offender Supervision. Adopted November 3, 2003



(n) “Plan of supervision” means the terms under which an offender will be supervised, including proposed residence, proposed employment or viable means of support and the terms and conditions of supervision. Adopted November 3, 2003

(o) “Probable cause hearing” a hearing in compliance with the decisions of the

U.S. Supreme Court, conducted on behalf of an offender accused of violating the terms or conditions of the offender’s parole or probation. Adopted November 3, 2003

(p) “Receiving state” means a state to which an offender requests transfer of

supervision or is transferred.

Adopted November 3, 2003

(q) “Reporting instructions” means the orders given to an offender by a sending or receiving state directing the offender to report to a designated person or place, at a specified date and time, in another state. Reporting instructions shall include place, date, and time on which the offender is directed to report in the receiving state. Adopted November 3, 2003



(r) “Resident” means a person who has continuously inhabited a state for at least one year prior to the commission of the offense for which the offender is under supervision, with the intent that such state shall be the person’s principal place of residence, and who has not, unless incarcerated, relocated to another state or states for a continuous period of six months or more with the intent to establish a new principal place of residence.

Adopted November 3, 2003

(s) “Resident family” means a parent, grandparent, aunt, uncle, adult child, adult sibling, spouse, legal guardian, or step-parent who--

(1) has resided in the receiving state for 180 days or longer; and

(2) indicates willingness and ability to assist the offender as specified in the plan of supervision.

Adopted November 3, 2003



(t) “Retaking” means the act of a sending state in physically removing an offender, or causing to have an offender removed, from a receiving state. Adopted November 3, 2003



(u) “Rules” means acts of the Interstate Commission, which have the force and effect of law in the compacting states, and are promulgated under the Interstate Compact for Adult Offender Supervision, and substantially affect interested parties in addition to the Interstate Commission, Adopted November 3, 2003



(v) “Sending state” means a state requesting the transfer of an offender, or which transfers supervision of an offender, under the terms of the Compact and its rules.

Adopted November 3, 2003



(w) “Shall” means that a state or other actor is required to perform an act, the non-performance of which may result in the imposition of sanctions as permitted by the Interstate Compact for Adult Offender Supervision, its bylaws and rules.

Adopted November 3, 2003



(x) “Significant violation” means an offender’s failure to comply with the terms or conditions of supervision that, if occurring in the receiving state, would result in a request for revocation of supervision. Adopted November 3, 2003



(y) “Special condition” means a condition or term that is added to the standard conditions of parole or probation by either the sending or receiving state.

Adopted November 3, 2003



(z) “Subsequent receiving state” means a state to which an offender is

transferred that is not the sending state or the original receiving state.

Adopted November 3, 2003



(aa) “Supervision” means the authority or oversight exercised by supervising authorities of a sending or receiving state over an offender for a period of time determined by a court or releasing authority, during which the offender is required to report to or be monitored by supervising authorities, and includes any condition, qualification, special condition or requirement imposed on the offender at the time of the offender’s release to the community or during the period of supervision in the community.

(This definition was adopted November 3, 2003 and Amended March 12, 2004)



(bb) “Supervision fee” means a fee collected by the receiving state for the supervision of an offender. Adopted November 3, 2003



(cc) “Temporary travel permit” means, for the purposes of sec. 3.108 (b), the

written permission granted to an offender, whose supervision has been

designated a “victim-sensitive” matter, to travel outside the supervising state

for more than 24 hours but no more than 31 days. A temporary travel

permit shall include a starting and ending date for travel.

Adopted November 3, 2003



(dd) “Travel permit” means the written permission granted to an offender authorizing the offender to relocate from one state to another.

Adopted November 3, 2003



(ee) “Victim” means a natural person or the family of a natural person who has suffered physical injury or serious emotional harm as a result of an act or omission of an offender. Adopted November 3, 2003

(ff) "Victim-sensitive" means a designation made by the sending state in accordance with its definition of “crime victim” under the statutes governing the rights of crime victims in the sending state. The receiving state shall give notice of offender’s movement to the sending state as specified in sections 3.108 and 3.1081. Adopted November 3, 2003



(gg) “Waiver” means the voluntary relinquishment, in writing, of a known constitutional right or other right, claim or privilege by an offender. Adopted November 3, 2003

Sponsored Links
  #2  
Old 01-30-2005, 11:26 AM
Retired-18 Retired-18 is offline
Account Closed
 

Join Date: Feb 2004
Posts: 3,967
Thanks: 0
Thanked 6 Times in 5 Posts
Default Application for Transfer of Supervision from Texas Parole

Application for transfer of supervision

(a) An application for transfer of supervision of an offender shall contain—

(1) offender’s full name and any aliases by which the offender is known;

(2) indication of whether the offender seeks transfer to the receiving state based on residency in the receiving state, family residing in the receiving state, or consent of the receiving state;

(3) name, address, and telephone number of family in the receiving state if the offender bases the transfer request on family’s residency in the receiving state;

(4) offender’s proposed residence in the receiving state;

(5) offender’s current or prospective employer in the receiving state;

(6) offender’s criminal justice identification number in the sending state;

(7) offender’s date of birth;

(8) offender’s social security number, if known;

(9) county of conviction or imposition of supervision;

(10) indication of the type of criminal justice supervision to which the offender has been sentenced;

(11) instant offense in sufficient detail to describe the type and severity of offense and whether the charge has been reduced at the time of imposition of sentence;

(12) offender’s criminal history;

(13) notice, if applicable, indicating that the supervision of the offender is a victim-sensitive matter;

(14) date supervision is to begin, if known;

(15) date supervision is to terminate, if known;

(16) name and title of supervising officer;

(17) signed “Application for Interstate Compact Transfer” form;

(18) signed “Agreement to Return on Demand of the sending state” form;

(19) signed “Waiver of Extradition” form;

(20) signed “Consent to Random Drug Testing and to Searches Based on Reasonable Suspicion” form;

(21) signed “Consent to Release of Medical and Psychological Information;”

(22) photograph of offender;

(23) conditions of supervision;

(24) any orders restricting the offender’s contact with victims or any other person;

(25) any known orders protecting the offender from contact with any other person;

(26) information as to whether the offender is subject to sex offender registry requirements in the sending state along with supportive documentation;

(27) judgment and commitment documents;

(28) pre-sentence investigation report, if available;

(29) supervision history, if available;

(30) information relating to any court-ordered financial obligations, including but not limited to, fines, court costs, restitution, and family support; the balance that is owed by the offender on each; and the address of the office to which payment must be made.

(31) medical information, if available; and

(32) psychological evaluation, if available.

  #3  
Old 01-30-2005, 11:27 AM
Retired-18 Retired-18 is offline
Account Closed
 

Join Date: Feb 2004
Posts: 3,967
Thanks: 0
Thanked 6 Times in 5 Posts
Default Eligibility of Transfer of Supervision from Texas Parole

Transfer of Supervision

Eligibility for transfer of supervision

(a) At the discretion of the sending state, an offender who has three months or more or an indefinite period of supervision remaining shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender, pursuant to a valid plan of supervision–

(1) is in substantial compliance with the terms of supervision in the sending

state and

(2) is a resident of the receiving state; or

(3) (A) has resident family in the receiving state who have indicated a

willingness and ability to assist as specified in the plan of supervision; and

(B) can obtain employment in the receiving state or has a visible means of support.

(b) A receiving state, for good cause shown, may consent to the transfer of supervision of an offender who does not otherwise qualify for transfer of supervision.



Submission of transfer request to a receiving state

(a) Subject to the exception in sec. 3.103 (b), a sending state seeking to transfer supervision of an offender to another state shall submit a completed transfer request with all required information to the receiving state prior to allowing the offender to leave the sending state.

(b) Subject to the exception in sec. 3.103 (b), the receiving state shall be given the opportunity to investigate the proposed plan of supervision prior to allowing the offender to leave the sending state.

Time allowed for investigation by receiving state

(a) A receiving state shall complete investigation and respond to a sending state’s request for an offender’s transfer of supervision no later than the 45th calendar day following receipt of a completed transfer request in the receiving state’s compact office. Receipt of completed transfer request shall be presumed to occur by the fifth business day following transmission.

(b)(1) If a receiving state determines that an offender transfer request is incomplete, the receiving state shall notify the sending state of that determination and the nature of the incompleteness no later than five business days following receipt of the transfer request by the receiving state.

(2)(A) If a receiving state accepts transfer of the offender, the receiving state’s acceptance shall include reporting instructions.

(B) Upon notice of acceptance of transfer by the receiving state, the sending state shall issue a travel permit to the offender and notify the receiving state of the offender’s departure as required under sec. 4.105.



Request for transfer of a paroling offender

(a) A sending state shall submit a completed request for transfer of a paroling offender to a receiving state no earlier than 120 days prior to the offender’s planned prison release date.

(b) A sending state shall notify a receiving state of the offender’s date of release from prison or if recommendation for parole of the offender has been withdrawn or denied.

(c)(1) A receiving state may withdraw its acceptance of the transfer request if the offender does not report to the receiving state by the fifth calendar day following the offender’s intended date of departure from the sending state.

(2) A receiving state that withdraws its acceptance under sec. 3.105 (c)(1) shall immediately notify the sending state.

(3) Following withdrawal of the receiving state’s acceptance, a sending state must resubmit a request for transfer of supervision of a paroling offender in the same manner as required in 3.105 (a).

  #4  
Old 01-30-2005, 11:29 AM
Retired-18 Retired-18 is offline
Account Closed
 

Join Date: Feb 2004
Posts: 3,967
Thanks: 0
Thanked 6 Times in 5 Posts
Default Request for an expedited transfer of Texas Parole

Request for expedited transfer

(a)(1) A sending state may request that a receiving state agree to an expedited transfer of an offender if the sending state believes that emergency circumstances exist and the receiving state agrees with that determination.

(2) (A) A receiving state that agrees to expedited transfer of an offender shall immediately issue reporting instructions for the offender, and a sending state shall immediately issue a travel permit.

(B) The sending state shall ensure that the offender signs all forms requiring the offender’s signature under sec. 3.107 (a) prior to granting a travel permit to the offender. The sending state shall immediately transmit the signed forms electronically or by telefax to the receiving state.

(C) At the time of transmission of the signed forms, the sending state shall provide the receiving state with a copy of the offender’s orders and conditions, documentation of the offender’s residency, copy of any available pre-sentence report, copy of any order of protection, where applicable, and whether the offender is subject to sex offender registration in the sending state.

(b) A receiving state shall assume responsibility for supervision of an offender who is granted a travel permit during the investigation of the offender’s plan of supervision.

(c) A sending state shall transmit a completed transfer request for an offender granted a travel permit no later than seven calendar days following the granting to the offender of the travel permit.

(d)(1) If the receiving state rejects the transfer request for an offender granted a travel permit, or if the sending state fails to send a completed transfer request by the 7th calendar day following the granting of a travel permit, the sending state shall, upon receiving notice of rejection or upon failure to timely send a required transfer request, direct the offender to return to the sending state by a date specified by the sending state.

(2) If the offender does not return to the sending state, the sending state shall initiate the retaking of the offender no later than 10 calendar days following the offender’s failure to appear in the sending state.

Supervision in ReceivingState

Manner and degree of supervision in receiving state

A receiving state shall supervise an offender transferred under the interstate compact in a manner determined by the receiving state and consistent with the supervision of other similar offenders sentenced in the receiving state.



Duration of supervision in the receiving state

A receiving state shall supervise an offender transferred under the interstate compact for a length of time determined by the sending state.

Special conditions

(a) At the time of investigation or during the term of supervision, the compact administrator or supervising authority in the receiving state may impose a special condition on an offender transferred under the interstate compact if that special condition would have been imposed on the offender if sentence had been imposed in the receiving state.

(b) A receiving state shall notify a sending state that it intends to impose or has imposed a special condition on the offender, the nature of the special condition, and the purpose.

(c) A sending state shall inform the receiving state of any special conditions to which the offender is subject at the time of request for transfer is made, or when it becomes available.

(d) A receiving state that is unable to enforce a special condition imposed in the sending state shall notify the sending state of its inability at the time of request for transfer of supervision is made.
  #5  
Old 01-30-2005, 11:30 AM
Retired-18 Retired-18 is offline
Account Closed
 

Join Date: Feb 2004
Posts: 3,967
Thanks: 0
Thanked 6 Times in 5 Posts
Default Fees and Reports on Parolee Transfers from Texas Parole

Fees

(a) Application fee

A sending state may impose a fee for each transfer application prepared for an offender.

(b) Supervision fee

(1) A receiving state may impose a reasonable supervision fee on an offender whom the state accepts for supervision, which shall not be greater than the fee charged to the state’s own offenders.

(2) A sending state shall not impose a supervision fee on an offender whose supervision has been transferred to a receiving state.

39

Progress reports

(a) A receiving state shall provide to the sending state a progress report annually, or more frequently, upon the request of the sending state, for good cause shown.

(b) A receiving state shall provide to the sending state a progress report upon the closure of a receiving state’s supervision of an offender.

(c) A progress report shall include—

(1) offender's name;

(2) offender’s residence address;

(3) offender’s telephone number and electronic mail address;

(4) name and address of offender’s employer;

(5) supervising officer’s summary of offender’s conduct, progress and attitude, and compliance with conditions of supervision;

(6) programs of treatment attempted and completed by the offender;

(7) information about any sanctions that have been imposed on the offender

since the previous progress report;

(8) supervising officer’s recommendation;.

(9) any other information requested by the sending state that is available in the receiving state.



Violation reports

(a) A receiving state shall notify a sending state of significant violations of conditions of supervision by an offender within 30 calendar days of discovery of the violation.

(b) A violation report shall contain—

(1) offender’s name and location;

(2) offender’s state-issued identifying numbers;

(3) date of the offense or infraction that forms the basis of the violation;

(4) description of the offense or infraction;

(5) status and disposition, if any, of offense or infraction;

(6) dates and descriptions of any previous violations;

(7) receiving state’s recommendation of actions sending state may take;

(8) name and title of the officer making the report; and

(9) if the offender has absconded, the offender’s last known address and telephone number, name and address of the offender’s employer, and the date of the offender’s last personal contact with the supervising officer.

(c)(1) The sending state shall respond to a report of a violation made by the receiving state no later than ten business days following receipt by the sending state. Receipt of a violation report shall be presumed to have occurred by the fifth business day following its transmission by the receiving state;

(2) The response by the sending state shall include action to be taken by the sending state and the date by which that action will begin and its estimated completion date



Denial of bail to certain offenders

An offender against whom retaking procedures have been instituted by a sending or receiving state shall not be admitted to bail in any state where the offender is found.



Closed Thread

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 06:55 PM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics