The Texas Board of Pardons and Paroles (BPP) is a state agency that makes parole and clemency decisions for inmates in Texas prisons. It is headquartered in Austin, Texas.
The BPP was created by constitutional amendment in 1935. It determines which prisoners are to be released on parole or discretionary mandatory supervision and under what conditions of parole supervision. If a parolee violates a parole condition, the board also makes decisions about revocation or other options. The board also is responsible for issuing recommendations on clemency matters to the governor.
The BPP works closely with the Texas Department of Criminal Justice (TDCJ), which has responsibility for housing convicted felons, determining release and parole eligibility dates and supervising offenders on parole or mandatory supervision.
History
The BBP was created by the Texas State Legislature in 1929, with three members appointed by the governor and one designated as supervisor of paroles.
In 1935, the Texas Constitution was amended to create the BPP as a member of the executive branch with constitutional authority, and making the governor's clemency authority subject to board recommendation. The governor, the chief justice of the Texas Supreme Court and the presiding judge of the Texas Criminal Court of Appeals each appointed one member to the BPP. Members served overlapping six-year terms, one term expiring every two years. The BPP recommended parole and clemency to the governor, who had final approving authority.
The legislature in 1947 authorized the board, with approval of the governor, to release prisoners for parole or probation, with the exception of those with a death sentence. A division of parole supervision was established in 1957 as part of the BPP, to open up district offices across the state to monitor offenders.
In 1975, the Texas legislature created six parole commissioner positions to "assist the Board of Pardons and Paroles in parole matters." The commissioners were appointed in the same manner as the board members, with six-year terms and two terms expiring every two years.
In 1983, the Texas Constitution was amended to expand the BPP to six members, appointed by the governor, including naming a chairman, with the advice and consent of the state senate. The governor's authority to release and revoke offenders was transferred to the board.
The BPP was further modified as part of a 1989 reorganization that created the Texas Department of Criminal Justice to oversee probation, incarceration and parole supervision. Changes under that legislation included, but were not limited to: Expanding the board to 18 members, appointed by the governor with senate approval; and Eliminating the parole commissioner positions.
The legislature made mandatory supervision discretionary in 1995 for any offender with an offense committed on or after September 1, 1996, by granting the BPP authority to block a scheduled mandatory supervision release based on an assessment of risk to the public and the actual time served not being an accurate reflection of the potential for rehabilitation.
In 1997, the legislature modified the 18-member BPP board by creating a policy board with the chair as the presiding officer. The policy board was composed of six of the members who were designated by the governor to: Adopt rules for board decision-making, Establish caseloads for board members, Develop and update parole guidelines and policies, and Carry out other functions.
The BPP currently operates under legislative changes made in 2003 that replaced the eighteen-member board with a chairman/presiding officer and six board members. Parole commissioners were added to assist the board with release decisions, revocation decisions and imposition of special parole conditions. The chair/presiding officer and board members are appointed by the governor with approval from the senate. Parole commissioners, currently fourteen with two serving in each of seven board offices, are hired by the presiding officer.
Governance
The current chair and presiding officer of the BPP is David Gutiérrez who maintains an office in Gatesville and in Austin. The BPP meets at least quarterly each fiscal year. Board members maintain offices in seven regions around the state: Amarillo, Angleton, Austin, Gatesville, Huntsville, Palestine and San Antonio. Additional offices are maintained throughout Texas for parole hearings and institutional parole officers.