Topic: Parole Revocations Gary.pdf · TEXAS BOARD OF PARDONS AND PAROLES RULES DEFINITION OF TERMS BLUE WARRANT: The common shorthand term for a parole violation warrant. BOARD: The

Post-Conviction August 18-19, 2016

Wyndham Garden

Austin TX 78741

6808 Hill Meadow Dr :: Austin, Texas :: 512.478.2514 p :: 512.469.9107 f :: www.tcdla.com

Criminal Defense Lawyers Project

Topic:

Parole Revocations

Speaker: Gary Cohen Cohen Law Firm

9300 Research Blvd Ste 300

Austin, TX 78759-6553

512.476.6201 phone

512.477.5773 fax

[email protected] Email

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PAROLE REVOCATIONS A BASIC PRIMER FOR TEXAS LAWYERS

PRESENTED BY

GARY J. COHEN 9300 RESEARCH BOULEVARD

SUITE 300 AUSTIN, TEXAS 78759

(512) 476-6201 PHONE (512) 477-5773 FAX

TOLL FREE 1-866-4PAROLE

[email protected] www.parolelaw.com

TEXAS CRIMINAL DEFENSE LAWYERS

POST CONVICTION PRACTICE SEMINAR

AUSTIN, TEXAS

2016

©2013

NOT TO BE REPRODUCED WITHOUT PERMISSION OF AUTHOR

mailto:[email protected]

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STATUTORY REFERENCES

TEXAS GOVERNMENT CODE, SECTIONS 508.001-508.324

TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 42.12

TEXAS BOARD OF PARDONS AND PAROLES RULES

DEFINITION OF TERMS

BLUE WARRANT: The common shorthand term for a parole violation warrant.

BOARD: The Texas Board of Pardons and Paroles is the state agency responsible for determining

which eligible Offenders are to be released to parole or mandatory supervision; the conditions of

parole or mandatory supervision; the revocation of parole or mandatory supervision; and executive

clemency recommendations to the Governor.

Specific to the revocation process, the Board schedules hearings, reviews and acts upon requests for

appointment of counsel, conducts hearings, reviews and processes hearing reports and waivers and

makes recommendations to the Governor for disposition, handles hearings with respect to out of

state cases supervised in Texas and provides a process for reconsideration of revocation decisions.

DIVISION: The Parole Division is a branch of the Texas Department of Criminal Justice (TDCJ-PD).

Among their responsibilities are the supervision of Offenders according to the terms and conditions

imposed by the Board; the recommendation to the Board of modifications of terms of release; the

processing of violations of conditions of release and the processing of requests for subpoenas for

administrative release proceedings.

ISF: An Intermediate Sanction Facility that serves as an alternative for Offenders who have violated

one or more release conditions, but have no pending charges. An Offender may be placed in an ISF

facility as a condition of parole or mandatory supervision following an administrative hearing. An

Offender may also be placed in such a facility by agreement between the Offender and the Division

in lieu of a hearing when such agreement is approved by the Board.

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MANDATORY SUPERVISION CERTIFICATE: A written statement setting forth the rules and

conditions of release. There is no requirement that the Offender agrees to, accept, or execute this

document in order to be bound by its terms and conditions.

PAROLE CERTIFICATE: A contract that is signed by the Offender and sets forth the rules and

conditions of release. The acceptance, signing and execution of the contract by the Offender is a

precondition to release.

RELEASEE: An informal term used to describe an Offender who has been released from

incarceration.

REVOCATION: A decision by the Board to return an Offender to the custody of the Institutional

Division of the Texas Department of Criminal Justice because the Offender has violated terms or

conditions of release, committed a new crime or both.

SAFPF: A Substance Abuse Felony Punishment Facility is a secure chemical dependence treatment

facility where an Offender may be placed in lieu of revocation.

SISP: The Super Intensive Supervision Program is the highest level of supervision. It was created by

the 75th Legislature for the most dangerous class of Offenders released to parole of mandatory

supervision. It was implemented in September of 1997, but may be imposed on any Offender that

meets the criteria for the program regardless of the date of the commission of the offense.

SUMMONS: A written notification to be served on an Offender not in custody to appear at an

administrative hearing to answer allegations of violations of the conditions of release.

TECHNICAL VIOLATION: A violation of one or more of the rules of parole or mandatory supervision,

not including the commission of a new criminal offense. This is also known as an administrative

violation.

WHITE WARRANT: The shorthand term for the warrant returning the Offender to custody of the

Institutional Division of the Texas Department of Criminal Justice. This document issues after a

revocation decision has been entered by the Board.

VR: A violation report that sets forth the nature of the allegations of violation.

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PAROLE SUPERVISION

An Offender released to parole, to mandatory supervision or to discretionary mandatory

supervision is required to serve the remainder of their sentence under supervision of the Division.

(Gov. Code 508.001 [5][6]). The period of supervision is computed by subtracting from the

Offender’s sentence the actual time spent incarcerated on that sentence (Gov. Code 508.142[c]).

To complete the period of supervision the Offender must serve the entire period of parole (Gov.

Code 508.155[a]). Unlike probation, there is no early release from parole except by action of the

Governor in the clemency process.

An Offender released to supervision is furnished with a release certificate that sets forth

the terms and conditions of release (Gov. Code 508.154). There are certain mandatory conditions of

release that are required by statute to be imposed in all cases. These conditions include a

requirement that the Offender reside in the county in which he resided at the time of the

commission of the offense, or, if not a resident of this state, the county in which the offense was

committed (Gov. Code 508.181[a]). All Offenders are required to pay supervision fees (Gov. Code

508.182). Offenders are also required to possess a minimum education level (Gov. Code 508.183).

Other mandatory conditions are imposed depending on the nature of the offense of

conviction: controlled substance testing, substance abuse treatment, sex offender registration,

child safety zone restrictions, community service, avoiding the victim of a stalking offense and no

contact with a victim (Gov. Code 508.184-508.191).

In addition to the mandatory conditions of release, the Board has a broad grant of general

authority to impose any condition that a court may impose on a defendant placed on community

supervision under Article 42.12, Texas Code of Criminal Procedure. As long as the condition is

reasonably related to the offense of conviction or is necessary for the protection of the public, it is

unlikely to be interfered with by the courts.

The Board has also, unfortunately, delegated broad authority to the Division to selectively

impose other conditions of supervision. These conditions are generally found in cases where the

Offender is on a specialized sex offender supervision caseload or has been placed on an SISP

caseload.

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THE REVOCATION PROCESS

When the parole officer learns that the Releasee has been arrested, has failed to comply with a

condition of release or has reliable evidence to believe the Releasee has exhibited behavior that

poses a danger to society, a Violation Report is prepared that sets forth the nature of allegations.

The VR shall include a recommendation for Division action in response to the allegations of

violation. The Division action may include recommendations that a Warrant issue or that

supervision be continued with modification or condition of release. If the VR contains two

recommendations that a Warrant issue, the VR is transmitted to the Warrant Section of the Division.

A Warrant may be issued if there is a reason to believe that the Releasee has been erroneously

released when not eligible; when the person has been arrested for an offense; when there is a self-

authenticating document stating that the person has violated a rule or condition of release; or when

there is credible evidence that the person has exhibited behavior that indicates the person is a

danger to society (Gov. Code 508.252) .

The Warrant authorizes the custodial detention of the Releasee pending a determination of the

facts surrounding the allegations. Pursuant to Government Code, 508.254 (c), a person detained

under such warrant shall remain in custody subject only to the following limited exceptions. Under

508.254 (d), a magistrate may release the offender on bond pending the hearing if the offender is

only charged with an administrative violation, the magistrate determines that the offender is not a

threat to public safety, and, the Division has indicated on the warrant that the offender that the

offender is eligible for bond. In order to be eligible for bond, the offender must not have previously

been convicted of an offense under Chapter 29 of the Penal Code (Robbery), a felony offense under

Title 5 (Offenses Against the Person) or an offensive involving family violence. Additionally, the

offender is not eligible for bond if they are on intensive or super intensive supervision; if they are an

absconder, or if they are a threat to public safety.

A summons may issue in lieu of a warrant (508.251c), if the offender is not on intensive or super

intensive supervision, an absconder or not determined by the Division to be a threat to public

safety. A summons may also issue to offenders charged with committing a new offense only if the

new offense is a Class C misdemeanor other than an offense committed against a child or an offense

involving family violence and the offender has been on parole for more than one year, has

maintained steady employment and residency and has not previously been charged with an offense.

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A summons shall issue if the person is charged only with an administrative violation committed after

the first anniversary of the date the person was released and the offender is not serving a sentence

for and has not previously been convicted of an offense listed in Article 62.001(5), Code of Criminal

Procedure (sex offenders) and not otherwise prohibited under the restrictions of this article.

Other than the above there is no bond for individuals detained under the Blue Warrant (Gov. Code

508.253). Any time periods from the date of the issuance of the Warrant to the date of the

apprehension of the offender are not counted as time spent under the sentence (Gov. Code

508.253) . At any time before the setting of a revocation hearing date the Division may withdraw

the warrant and continue supervision of the Releasee (Gov. Code 508.256) .

Within five calendar days of the Releasee’s arrest on the Blue Warrant a Pre-Hearing interview is

conducted. At that interview the Releasee is read and given; a copy of his rights in the revocation

hearing process, notice of the allegations of violations and forms that allow the Releasee to either

waive or to request a Preliminary Hearing and/or a final Revocation Hearing. If a hearing is

requested, the parole officer must then schedule a hearing within one business day of the Pre-

Hearing initial interview. The parole officer must notify the Releasee of the scheduled hearing date

and provide additional documents that include the Violation Report outlining the particulars of the

allegations, witness list, supporting documents and an Adjustment Statement setting forth his

conduct while under supervision. These documents are referred to as the Pre-Revocation Hearing

Packet. The Releasee is required to be provided notice at least three calendar days prior to any

scheduled Preliminary Hearing and at least five calendar days prior to any scheduled Revocation

Hearing.

Hearings (both Preliminary and Revocation) consist of two stages. The first stage is the fact-finding

stage. This is the equivalent to the guilt/innocence phase of a criminal trial. The second stage is for

adjustment evidence. This is the equivalent of the punishment phase of the criminal trial and is

designed to place the violation conduct in the proper perspective of the Releasee’s overall behavior

since release to supervision.

The Releasee is entitled to a Preliminary Hearing to determine whether probable cause or

reasonable grounds exist to believe that the inmate or person has committed an act that would

constitute a violation of a condition of release, unless the inmate or person: waives the preliminary

hearing; or after release has been charged only with an administrative violation of a condition of

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release; or has been adjudicated guilty of or has pleaded guilty or nolo contendere to an offense

committed after release, other than an offense punishable by fine only involving the operation of a

motor vehicle, regardless of whether the court has deferred disposition of the case, imposed a

sentence in the case, or placed the inmate or person on community supervision (Gov. Code

508.2811) .

The purpose of the Preliminary Hearing is to determine whether or not probable cause exists to

believe that the Releasee has violated one or more of the conditions of release. The Division does

not subpoena witnesses for the Preliminary Hearing unless requested by the Releasee or his

counsel. The burden of proof is so low at this stage that it is often satisfied by the introduction of a

complaint, information or probable cause affidavit support a warrant of arrest. Usually if there is

any quantum of evidence admitted at a Preliminary Hearing, a decision to proceed to the final

Revocation Hearing will be made. However, in unusual circumstances the Hearing Officer can

recommend that the hearing not proceed to the final Revocation Hearing.

The Releasee is entitled to only a final Revocation Hearing where he is charged with only technical

violations or where he has been convicted of a new offense, or both. If there is a new conviction,

the Releasee is only entitled to a Revocation Hearing that is limited to his adjustment while under

supervision. This restriction is based upon the fact that the Judgment and Conviction in the new

criminal case more than satisfies the preponderance of evidence standard that applies to the

Revocation Hearing.

The hearing process is to be completed within 41 calendar days of the execution of the Blue

Warrant. However, this time frame does not apply when new criminal charges are pending or when

the Offender is in custody in another state or a federal correctional institution (Gov. Code 508.282).

While statistical data shows that the Board and the Division are in compliance with the 41 day rule

in over 90% of the cases, there is no sanction in the statute for exceeding the time limit. A previous

version of the statute required that the Blue Warrant be withdrawn in most cases if the hearing was

not scheduled within 120 days of arrest, but no such remedy is contained within the current statute.

The Offender is entitled to be supplied with all documents to be presented at the hearing and the

names of witnesses expected or subpoenaed to appear no later than three calendar days prior to

the Preliminary Hearing and no later than five calendar days prior to the Revocation Hearing.

Alarmingly, parole officers often refuse to provide documents to the Offender’s counsel within these

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timelines. Requests to the Parole Division Director to include retained and appointed counsel in the

disclosure regulation have finally been addressed. Parole Division Policy and Operating Procedure

4.2.1 now states that the parole officer must provide the Offender and his attorney with all

documents that will be presented in the hearing including the names of all witnesses who have been

subpoenaed or requested to appear.

The hearings are presided over by hearing officers designated by the Board to make findings of fact

and recommendations to the Board for disposition. The hearing officers are generally not lawyers;

they mainly consist of former parole officers who have been promoted to positions in the Hearing

Section of the Board of Pardons and Paroles. As such, many of them bring prejudices to the

hearings that are common to parole officers. They are also incapable, or unwilling, in many

situations of making fine distinctions regarding the admissibility of evidence.

At the conclusion of the hearing, the hearing officer makes a written report that is to fairly,

completely and objectively set forth all the relevant evidence necessary for the Board to make a

disposition of the matter. The hearing report will contain a recommendation by the parole officer

(most always to revoke), a recommendation by the hearing officer and a recommendation by a

hearing analyst. The Board is free to follow those recommendations or to ignore them.

Please remember to keep in mind that the burden of proof in revocation hearings is by a

preponderance of the evidence. This means that a revocation decision can be based upon conduct

which has been dismissed, upon which the Offender has been found not guilty by a Judge or jury or

upon conduct which has not resulted in the filing of any criminal charges.

The Board’s options are to continue the Releasee under supervision with same conditions; modify

the conditions in any way deemed necessary including placement in an ISF or SAFPF facility or to

revoke supervision and return the Offender to incarceration. A Board decision to place an Offender

in an ISF or SAFPF facility is not a revocation action, but merely a modification of the terms of

supervision. While the Offender does receive custodial credits for such placement in the event of a

subsequent revocation, there is no administrative appeal from such a decision.

When an Offender receives notice that his supervision has been revoked he has two administrative

remedies available. He may request that the hearing be reopened due to a substantial error in the

process or based upon newly discovered information. The motion must be made in writing no later

than 60 calendar days from the date of the Board’s decision. The request is directed to the Texas

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Board of Pardons and Paroles, Board Administrator, P.O. Box 13401, Austin, Texas 78711. Upon

receipt of the request for reopening, the Board may grant the request and order the hearing be

reopened (with or without reconvening); may deny the request or may reverse the revocation

decision.

An Offender returned to incarceration on a revocation generally loses all previously earned good

time credits and receives no credit for time spent under supervision. In other words, they returned

with custodial credits only. However, a recent modification of the statute dealing with sanctions

provided some relief to a small class of Offenders (Gov. Code 208.283) .

For revocation hearings held on or after September 1, 2001, an Offender may retain his street time

credits (i.e. credit for time spent under supervision) if the following conditions exist. If the Offender

is revoked for an offense to which either release to mandatory Supervision or to Discretionary

Mandatory Supervision applies, and, if at the time the Blue Warrant issues the Offender has served

at least one-half, plus one day, of the period of supervision then the Offender will receive time

credits for the period spent form the date of release to the date of the issuance of the Blue Warrant.

Example: An Offender receives a five-year sentence for Possession of a Controlled Substance. He is

released to supervision after serving 20 months of the sentence, leaving him with 40 months on

supervision. After serving 25 months of the supervisory term, a Blue Warrant is issued and his

parole is revoked. Upon revocation he will receive credit for the initial 20 months of incarceration

and he will also be credited with the 25 months spent under supervision, leaving him only 15

months owing on his sentence. He can be released upon receiving a favorable vote by the Board or

upon the discharge of the sentence (depending on the applicable law in effect at the time of the

commission of the offense).

SEX OFFENDERS

Revocations involving sex offenders present complex situations not often found in other profiles.

Many revocation actions for this class of offender involve failed polygraph examinations and

discharge from sex offender treatment programs.

Given the reluctance of the Courts to accept polygraph evidence, in 2013 the Legislature in SB 358,

Government Code, 508.281 (e) prohibit a revocation action based solely upon the uncorroborated

results of the polygraph examination. However, if the offender either during the pre-test interview

10

or the post-test interview makes admissions to the examiner, the examiner can testify as to the

admissions which then furnish corroboration for the test results.

Of course, polygraphs are investigative tools designed to get test subjects to admit to law or

administrative violations. As such, Fifth Amendment rights are implicated. This was an issue never

deemed important enough by the Parole Division to inform offenders of. For instance, when a sex

offender is required to take a polygraph to determine whether or not they are complying with their

conditions of release and they are asked a question about whether or not they have had sexual

contact with a minor, the Fifth Amendment certainly comes into play. Polygraph examiners are

required by law to report such information to appropriate law enforcement agencies for

investigation.

The Courts finally addressed this issue in a series of decisions. In Ex Parte Dansby (attached), the

Court held that the offender has a Fifth Amendment privilege not to answer questions on a

polygraph or even in therapy when the answers might tend to incriminate him.

The Parole Division, in their typical manner, ignored this decision until they forced to acknowledge

it. Now in Parole Directive 3.6.9 a parolee’s right to plead the Fifth Amendment is finally recognized.

CONCLUSION

Please keep in mind the fact handling a revocation proceeding is very different from trying a case in

a court of law. The Hearing Officers are not lawyers and are therefore either unable or unconcerned

with many of the law’s fine distinctions. Motions are virtually worthless in this arena. Rather than

being hyper-technical try to place more emphasis on placing the violation conduct in the proper

perspective of the Offender’s overall behavior. The Hearing Officer is much more likely to be

sympathetic to fundamental fairness issues than they are to whether or not a report complies with

the business records exception rules. This does not mean that you should abandon your role as a

lawyer or fail to object when appropriate. You should, however, not try the case based upon a view

to obtaining redress from the courts. Realistically, you are not going to appeal that many of them

and the courts will rarely interfere.

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The bottom line is that with a better understanding of the fundamentals and psychology of

the process and knowledge of the law, you too can prevail on behalf of your clients.

CASE INFORMATION

Name

Hearing TypeRevocation Hearing

Warrant Issued

07/02/2012

Maximum Expiration Date08/28/2018

PRESENT OFFENSES

STATE OF TEXASBOARD OF PARDONS AND PAROLES

Hearing/Waiver Results

TDCJ# S1D#

Hearing Date08/27/2012

Warrant Executed07/06/2012

Release Date11/30/2011

Release TypePAROLE

Attorney PresentYes

Offense Date

02/22/1991Offense DescriptionROBBERY

Sentence

10Y0M0D

ALLEGATIONS and FINDINGS

N^Ruie8 SISP vebmply;v/ith:a daflly abtiviV^fiedulW.

Criminal Charge Type

iHearing Officer FindingsSustained

Criminal Status

Board Analyst FindingsSustained

VR#

10562620

HB/SB EligibleYes

Conviction CountyHARRIS

Offender PjeaDeny

Allegation

Failure to comply with aSuper Intensive Supervision Program by traveling to alocation thatnot listed on my approved Daily Activity Schedule. Parole Officer Barbara Grieqo.

was

Ruie8 SiSP Comply with;a;dailâttiyity^sch^dule.:


Hearing Officer FindingsSustained

Criminal Status


Offender PleaDeny,

'•Allegation

failure to comply with aSuper Intensive Supervision Program by traveling to alocation that wasriot listed on my approved Daily Activity Schedule. Parole Officer Barbara Grieoo.

Information contained herein may be confidential and privileged and shall not be disclosed except as allowed by law.Page 1 of 5


Hearing/Waiver Results (contd.)

'N'krfie- -TDed-#- -5IB-#- ~VR#

10562620

Rule 8 SISP Comply with a dîlyactivity schedule.



Criminal Status


Offender PleavDeny

Allegation

Failure to comply with aSuper Intensive Supervision Program by traveling to alocation that wasnot listed on my approved Daily Activity Schedule. Parole Officer Barbara Grl^n

!*%fe^$I?P: I. %;^•P

,>g£|mlnal Charge Type


Criminal Status


Allegation

Failure to comply with aSuper Intensive Supervision Program by traveling to alocation thatnot listed on my approved Daily Activity Schedule. Parole Officer Barbara Grlagn

Rule 8 SISP ;pomply yyith a daily activity schedule.



Criminal Status


jSegationFailure to comply with my Daily Activity Schedule by not reporting to my Parole Officer atflQOpm as instructed and documented. Parole Officer Barbara Grieao.

•Rule 8 SISP Cdmplyrwith aidaily activity schedule.



Criminal Status


Information contained herein may beconridenllal and privileged and shall not bedisclosed except asallowed by law.

u

>-a-

1?

Offender Plea

Deny

was

Offender PleaDeny

Offerrder PleaDeny1

Page 2 of 5



"Name TDCJ#~~ ~SID-#- VR#—;-10562620

Allegation

Failure to comply with aSuper Intensive Supervision Program by traveling to alocation thatnot listed on my approved Daily Activity Schedule. Parole Officer Barbara Griegn

fcPule:8 SISP Complywith a.dailyactivityschedule.



Criminal Status


was

Offender PleaDeny .

Allegation

Failure to comply with aSuper Intensive Supervision Program by traveling to alocation that was,not listed on my approved Daily Activity Schedule. ParQ|e Officer Barbara flrtaT '

'Rule .8 SISP Comply- with -a dairy activity schedii to; ;



•Affegation

Criminal Status


Offender PleaDeny

failure to comply with aSuper Intensive Supervision Program by traveling to alocation that wastot listed on my approved Daily Activity Schedule, Parole Officer Barbara Grieoo. ;

AMENDMENTfS)NONE

RECOMMENDATIONS

Title

Parole Officer

Comments

RecommendationRevoke

Information contained herein may be confidential and privileged and shall nol be disclosed except as allowed by law.Page 3 of 5

"Name

[TitleWearing Officer

CommentsNone.

Title

Analyst

DECISION



Name

BERCHER.BRENDA

Name

AIELLO RICHARD A.

-TDCJ-* SID-# -~VR-# —

10562620

Recommendation

Non Revocation Action- Continue Supervision Reaffirm orModify Existing Special Conditions

Recommendation

Non Revocation Action- Continue Supervision Reaffirm orModify Existing Special Conditions

Board Decision

NorftRevocatlon Action -Continue supervision Reaffirm or ModifyEasting Special Conditions

Date

08/28/2*012

Special Conditionsfa•>

Concurring votes

FOX, TROY

GUTIERREZ, DAVID

i

Non-Concurring votes

Information contained herein may be confidential and privileged and shall not be disclosed except as allowed by law.Page 4 of 5

"Kljpmemam



^^^^^^ ~TDC-J-#— -SID-# VR"# :

INSTRUCTIONS TO PAROLE OFFICER: «$.'

lll2B fZ nefLWIh *5 Par°!e ?Clr afin9 3S aWitness" are t0 si9"this form ,n th* spaces provfd§t •signature sâce 9" 'P'aC8 "" W°fdS "refUSed t0 Si9n"in the °ênde^ ' ''2) For HEARINGS - '

For WAIVERS -° ^ ^ *^ ^™* ^ ** ^ 3S the attaChed Hearing ReportThe offender is tobegiven a copy of this form ONLY.

3) Scan Offender acknowledgement into OIMS.

OFFENDER'S MOTION TO REOPEN HEARINGAccording to Board of Pardons and Paroles Rule # 146.11, the OFFENDER or OFFFNnFR"? atWno„ .k«ii k en

s^m^rboard paners revocation decisi°"to ^ ^ 60MS ^T,iS T; rel,eVant' C0IT:petent evidence which js of probative value on amaterial issued fact ortKptime oftrT^hearin a"*CUmuMve> Which in the exercise ofreasonable diligence, was unavailable at2{ That the findings of fact and/or conclusions of law are:

.:a) not supported by a preponderance ofthe credible evidence; or1b) are contrary to law. m.

3) The procedures followed in the hearing, review and/or disposition of the case are violative of the law orrules of the Board of Pardons and Paroles.

Address your motion to Reopen to: BOARD OF PARDONS AND PAROLESLEGAL SECTION, P.O. BOX 13401, CAPITAL STATION •AUSTIN, TEXAS 78711

(NOTE: If the Hearing that was held was aPreliminary Hearing, the offender's signature below is'simply anacknowledgement that the Preliminary Hearing Report has been received by the offender) .By my signature below, Ihereby acknowledge receiptof the report concerning the Hearing held in my case.OFFENDER'S ACKNOWLEDGEMENT OF RECEIPT

3fcfEOFFENDER'S SIGNATURE DATEIf

Jj.WITNESS DATE

Information contained herein may be confidential end privileged end shell not be disclosed except as allowed by law. pafle s of S

- -Name-

Alias

N/A

Hearing date08/27/2012Start time

08:50AM

Offender locationTEXAS COUNTY JAIL •TRAVIS COUNTY

Instant Offense(s):

Offense;

ROBBERYSentence

10yr(s)00mo(s)00day(s)


HEARING OPERATIONS

Hearing Report•REVOCATION-Not Waived

~TDGJ-#-

Hearing locationTRAVIS CO CORR COMPLEXEnd time

10:07AM

Summons hearingNo

Date Warrant /Summons issued07/02/2012

Date Warrant Executed07/06/2012

Max expiration date08/28/2018

-SID-#-

Out of state offenderNo

Release Date11/30/2011

HB/SB Start

07/06/2012

~VIOLAT]0N-#--10562620

OOS#

Discharge Date08/28/2018

wil^hSe °f 5? Hearjn3 was to determine if adequate grounds exist to find that theviolated the conditions of release. above named offender

informaUon contained herein may be confldential and privileged and shafl not be disclosed except as allowed by law.Pagel of 15 .


HEARING OPERATIONS

Hearing Report (cont.)REVOCATION-Not Waived

Name- -TDGJ-#- -SID-#- -VIOLA-TION-#-

10562620

PARTICIPANTS

.-; \^,^:::^^,y:^::^--•i;'^JM^^wm^:

jMUuiuo;

^^mifm^w:;ry^m^Mi&\'

Offender

Attorney RetainedCOHEN,GARY

Parole Officer

GRIEGO.BARBARA

Hearing officerBERCHER.BRENDA

Interpreter

WHEAT. MARY

9300 Research Blvd., Suite 300AUSTIN

TX 78759

2101 East Ben White Blvd, Ste. BAustin

TX 78741

21.0.1 E. Ben White Blvd.AUSTIN

TX 78741

Police Officer

Information contained herein may be conlldenllal and privileged and shall no! be disclosed except as allowed by law.

Telephoned^_

(512)476-6201

(512)442-8367

(512)462-3502

Friendly

!2 of 15


HEARING OPERATIONS


PRELIMINARY MATTERS

A. The purpose of the hearing and its implications were explained to the parties present.B. Ail persons who participated in the hearing were sworn to teil the truth by the Hearing Officer.C The Rule was invoked.

D. There was not achallenge to the neutrality of the Hearing Officer.E. Rights of the Offender:

1. Offender, who was represented by Counsel, waived reading of the rights aftervoicing an understanding ofthem.

F. Attorney appointment-Offender was not appointed aState attorney for the following reasons-Offender has retained attorney

Attorney Determination Comments:OFFENDER'S IQ is 96.

G. Amendment/Additions to Allegations listed on the charging instrument*NONE

H, A Preliminary Hearing was not held.

I. Otherpreliminary matters:All allegations were combined for evidentiary presentation. NO OBJECTIONS.

This hearing was originally scheduled to be held on 08-02-12. The hearing wasnot held, but rather rescheduled for today because COUNSEL had a conflict inschedule. The Request for Reschedule from COUNSEL has been attached to thisreport for administrative purposes.

OFFENDER is on the Super-Intensive Supervision Program.

J. Additional information/status of criminal law charges: NONE

K. Motions/Objections and Rulings/Determinations made during the Hearing:

Objection: OBJECTION entered by COUNSEL to proposed EXHIBIT D(PositionHistory Sheets for 06-20-12) because the document containshearsay.

Ruling: OBJECTION OVERRULED. EXHIBIT DACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT D(Position HistorySheets for 06-20-12) because the document is not properlyauthenticated.

InformaUon contained herein may be confidential and privileged and shall not be disclosed except as allowed by law.

-VI0fcA-TION-#-10562620

Page 3 of 15


HEARING OPERATIONS


Ruling: OBJECTION OVERRULED. EXHIBIT DACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT D(Position HistorySheets for 06-20-12) because there is no business recordsaffidavit attached. There is no way to determine theaccuracy of the documents content. It denies OFFENDER'Sright to confront and cross-examine the author. Ruiing heldin abeyance. GOOD CAUSE DETERMINATION. Parole OfficerGRIEGO indicated that she did not request for anyone from 3M(GPS company) to be in attendance at today's hearing.GRIEGO testified that she got on the 3M website herself andprinted out EXHIBIT D. EXHIBIT Dis kept in the normalcourse of Parole Division business. GRIEGO indicated thatshe could explain EXHIBIT Din its entirety. GRIEGOindicated that 3M does not have interest in the outcome ofthis hearing. 3M is a monitoring company. GRIEGO indicatedthat she monitors points on the 3M website for supervisingher OFFENDER'S on a dally basis. At this point in thehearing process, Idetermined GOOD CAUSE EXISTS to disallowthe confrontation and cross-examination of 3M employees

Ruling: OBJECTION OVERRULED. EXHIBIT DACCEPTED. '

Objection: OBJECTION entered by COUNSEL to proposed EXHIBIT E(PositionHistory Sheets for 06-21-12) because the document containshearsay.

Ruling: OBJECTION OVERRULED. EXHIBIT EACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT E(Position HistorySheets for 06-21-12) because the document is not properlyauthenticated.

Ruling: OBJECTION OVERRULED. EXHIBIT EACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT E(Position HistorySheets for 06-21-12) because there is no business recordsaffidavit attached. There is no way todetermine theaccuracy ofthedocuments content. It denies OFFENDER'Sright to confront and cross-examine the author. Ruling heldin abeyance. GOOD CAUSE DETERMINATION. Parole OfficerGRIEGO indicated that shedid not request for anyone from 3M(GPS company) to be in attendance attoday's hearing.GRIEGO testified that she goton the 3M website herself andprinted out EXHIBIT E. EXHIBIT E is keptinthe normalcourse of Parole Division business. GRIEGO indicated thatshe could explain EXHIBIT Din its entirety. GRIEGOindicated that 3M does not have interest in the outcome ofthis hearing. 3M isa monitoring company. GRIEGO indicatedthat she monitors points on the 3M website for supervisingherOFFENDER'S ona daily basis. At this point in the

InformaUon contained herein may be confldential and privileged and shall not be disclosed except asallowed by law.

VIOLATIONS10562620

Page 4 of 15

-Name-

STATE OF TEXASBOARD OFPARDONS AND PAROLES

HEARING OPERATIONS


-TDCJ-#— -SID-#- -VIOLA-T-ION #-

hearing process, Idetermined GOOD CAUSE EXISTS to disaZ!^^ 0562620the confrontation and cross-examination of 3M employees

Ruling: OBJECTION OVERRULED. EXHIBIT EACCEPTED. '

Objection: OBJECTION entered by COUNSEL to proposed EXHIBIT F(PositionHistory Sheets for 06-22-12) because the document containshearsay.

Ruling: OBJECTION OVERRULED. EXHIBIT FACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT F(Position HistorySheets for 06-22-12) because the document Is not properlyauthenticated. .

Ruling: OBJECTION OVERRULED. EXHIBIT FACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT F(Position HistorySheets for 06-22-12) because there Is no business recordsaffidavit attached. There is no way to determine theaccuracy ofthe documents content. It denies OFFENDER'Sright to confront and cross-examine the author. Ruling heldin abeyance. GOOD CAUSE DETERMINATION. Parole OfficerGRIEGO indicated that she did not request for anyone from 3M(GPS company) to.be in attendance at today's hearing.GRIEGO testified that she got on the 3M website herself andprinted out EXHIBIT F. EXHIBIT Fis kept in the normalcourse ofParole Division business. GRIEGO indicated thatshecould explain EXHIBIT Fin Its entirety. GRIEGOindicated that 3M does not have interest in the outcome ofthis hearing. 3M is a monitoring company. GRIEGO Indicatedthat she monitors points on the 3M website for supervisingher OFFENDER'S on a dally basis. At this point in thehearing process, Idetermined GOOD CAUSE EXISTS to disallowthe confrontation and cross-examination of 3M employees

Ruling: OBJECTION OVERRULED. EXHIBIT FACCEPTED. '

Objection: OBJECTION entered by COUNSEL to proposed EXHIBIT G(PositionHistory Sheetsfor 06-26-12) because the document containshearsay.

Ruling: OBJECTION OVERRULED. EXHIBIT GACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT G(Position HistorySheets for 06-26-12) because the document is not properlyauthenticated.

Ruling: OBJECTION OVERRULED. EXHIBIT GACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT G(Position HistorySheets for06-26-12) because there is no business recordsaffidavit attached. There is noway to determine theaccuracy of the documents content. Itdenies OFFENDER'Sright to confront and cross-examine the author. Ruling held

InformaUon contained herein may be confidential and privileged and shell not be disclosed except as allowed by law.Page 5 of 15

"Name-

Ruling:

Motion


HEARING OPERATIONS

Hearing Report (cont.)REVOCATION-Not Waived-

-TDGd-#-

in abeyance. GOOD CAUSE DETERMINATION. Parole OfficerGRIEGO Indicated that she did notrequest for anyone from 3M(GPS company) to be in attendance at today's hearing.GRIEGO testified that she got on the 3M website herself andprinted out EXHIBIT G. EXHIBIT G is kept in the normalcourse of Parole Division business. GRIEGO indicated thatshe could explain EXHIBIT Gin its entirety. GRIEGOIndicated that 3M does not have interest in the outcomeofthis hearing. 3M is a monitoring company. GRIEGO Indicatedthat she monitors points on the 3M website for supervisingherOFFENDER'S on a daily basis. At this point in thehearing process, Idetermined GOOD CAUSE EXISTS todisallowthe confrontation and cross-examination of 3M employees

OBJECTION OVERRULED. EXHIBIT GACCEPTED

-SID-#-

OBJECTION entered by COUNSEL to proposed EXHIBIT H(PositionHistory Sheets for 06-27-12) because the document containshearsay.

Ruling: OBJECTION OVERRULED. EXHIBIT HACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT H(Position HistorySheets for 06-27-12) because the document is not properlyauthenticated.

Ruling: OBJECTION OVERRULED. EXHIBIT HACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT H(Position HistorySheets for 06-27-12) because there is no business recordsaffidavit attached. There isno way to determine theaccuracy ofthedocuments content. It denies OFFENDER'Sright to confront and cross-examine the author. Ruling heldIn abeyance. GOOD CAUSE DETERMINATION. Parole OfficerGRIEGO indicated that she did not request for anyone from 3M(GPS company) to be in attendance at today's hearing.GRIEGO testified that she got on the 3M website herself andprinted out EXHIBIT H. EXHfBIT His kept in the normalcourse ofParole Division business. GRIEGO indicated thatshe could explain EXHIBIT Hin its entirety. GRIEGOindicated that 3M does not have interest in the outcome ofthis hearing. 3M is a monitoring company. GRIEGO Indicatedthat she monitors points on the 3M website for supervisingher OFFENDER'S on a daily basis. At this point in thehearing process, Idetermined GOOD CAUSE EXISTS todisallowthe confrontation and cross-examination of 3M employees

Ruling: OBJECTION OVERRULED. EXHIBIT HACCEPTED. '

Objection: OBJECTION entered by COUNSEL to proposed EXHIBIT I(PositionHistory Sheets for 07-05-12) because thedocument containshearsay.

• Ruling: OBJECTION OVERRULED. EXHIBIT IACCEPTED.

InformaUon contained herein may be confidential and privileged and shall not be disclosed except as allowed by law.

-VI0bA-TI0N-#-10562620

Page6 of 15


HEARING OPERATIONS

Hearing Report (cont.)REVOCATION-Not-Waived

'wmmmmmmm* TD&Ht S|^* VIOL-A-TION-#-

Objection: OBJECTION entered by COUNSEL to EXHIBIT I(Position HistorySheets for 07-05-12) because the document is not properlyauthenticated.

Ruling: OBJECTION OVERRULED. EXHIBIT IACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT I(Position HistorySheets for 07-05-12) because there is no business recordsaffidavit attached. There isnoway to determine theaccuracy of the documents content. It denies OFFENDER'Sright to confront and cross-examine the author. Ruling heldin abeyance. GOOD CAUSE DETERMINATION. Parole OfficerGRIEGO indicated that she did not request for anyone from 3M(GPS company) to be in attendance at today's hearing.GRIEGO testified that she got on the 3M website herself andprinted out EXHIBIT I. EXHIBIT Iiskept in the normalcourse ofParole Division business. GRIEGO indicated thatshe could explain EXHIBIT Iin its entirety. GRIEGOindicated that 3M does not have interest In the outcome ofthis hearing. 3M is amonitoring company. GRIEGO indicatedthat she monitors points on the 3M website for supervisingher OFFENDER'S on adaily basis. At this point in thehearing process, Idetermined GOOD CAUSE EXISTS to disallowthe confrontation and cross-examination of3M employees

Ruling: OBJECTION OVERRULED. EXHIBIT IACCEPTED.

Objection: OBJECTION entered by COUNSEL to proposed EXHIBIT J(PositionHistory Sheets for 07-06-12) because the document containshearsay.

Ruling: OBJECTION OVERRULED. EXHIBIT JACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT J(Position HistorySheets for 07-06-12) because the document is not properlyauthenticated.

Ruling: OBJECTION OVERRULED. EXHIBIT JACCEPTED.

Objection: OBJECTION entered by COUNSEL to EXHIBIT J(Position HistorySheets for 07-06-12) because there is no business recordsaffidavit attached. There isnoway todetermine theaccuracy ofthe documents content. It denies OFFENDER'Sright to confront and cross-examine the author. Ruling heldin abeyance. GOOD CAUSE DETERMINATION. Parole OfficerGRIEGO indicated that she did not request for anyone from 3M(GPS company) to be In attendance at today's hearing.GRIEGO testified that she got on the 3M website herself andprinted outEXHIBIT J. EXHIBIT J is kept in the normalcourse of Parole Division business. GRIEGO Indicated thatshe could explain EXHIBIT J in its entirety. GRIEGO

InformaUon contained herein may be confldential and privileged and Shan not be disclosed except as allowed by law.Page 7 of IS

"Narffe"-

Ruling:


HEARING OPERATIONS

Hearing Report (cont)REVOCATION-Not Waived

-TDe-j-#-

indicated that 3M does not have interest in the outcome ofthis hearing. 3M is a monitoring company. GRIEGO indicatedthat she monitors points on the 3M website for supervisingher OFFENDER'S on a daily basis. At this point in thehearing process, Idetermined GOOD CAUSE EXISTS todisallowthe confrontation and cross-examination of 3M employees

OBJECTION OVERRULED, EXHIBIT J ACCEPTED.

-SID#-

Information contained herein may be confidential and privileged and shall not be disclosed except as allowed by law.

-VIOtATION-#-10562620

Page 8 of 15

STATE OFTEXAS fBOARD OF PARDONS AND PAROLES !

HEARING OPERATIONS f


~^!f^^ T-DCJ-#- SID-# VIOLATION '̂wmmmm^^mHm mmmm MLBMI 10562620

EXHIBITS

The following documents were taken into evidence as exhibits and marked as follows:

State exhibits:

A - Certificate of Release: (7 pages)B - Violation Report: dated 07-02-12 (7 pages)C - Dally activity schedule: dated 06-12-12. 06-19-12, and 06-26-12 (3 pages)D - Position History Sheets for 06-20-12 (10 pages)E - Position History Sheets for 06-21-12 (7 pages)F - Position History Sheets for 06-22-12 (9 pages)G - Position History Sheets for 06-26-12 (9 pages)H - Position History Sheets for 06-27-12(10 pages)I - Position History Sheets for 07-05-12 (2 pages)J - Position History Sheets for 07-06-12 (5 pages)K - Time Report (1 page)L - Adjustment Statement: dated 07-27-12(1 page)

Defense exhibits:

1 - Other: Letter from Austin Eagle Management Services, dated 08-24-12 (2 pages)

InformaUon contained herein may beconfidential and privileged and shall not bedisclosed except as allowed by law.Page 9 of 15


HEARING OPERATIONS


~Name- TDC-J-#- ~SID"# VIObAT10N-#-•••••fc 10562620

FACT FINDINGS AND CONCLUSIONS

Evidence Standard

Preponderance of Evidence

A. Ifind Offender is under the authority of Board of Pardons and Paroles and is subject to the rules andconditions of his/her administrative release

B. Imake the following findings in regard to the allegations:

Group A

|RffipP?8^

On or Aboutor Since: 07/05/2012At or About: 1431 White Stone Blvd, Cedar Park, Travis County TXComplainant/Adjudication/Other:

Failure to comply with aSuper intensive Supervision Program by traveling to atocation that was not listed on my approved Daily Activity Schedule ParoleOfficer Barbara Griego.

Offender Plea: DenyConclusion: Sustained

IconcludeOFFENDER did violate rule.

:Rufeli8^ adaily activity scharinl*On or AboutorSince: 06/21/2012At or About: South Mopac Expressway &West Slaughter Lane, Austin, Travis

County, TexasComplainant/Adjudication/Other:

Failure to comply with aSuper Intensive Supervision Program by traveling to alocation that was not listed on my approved Daily Activity Schedule ParoleOfficer Barbara Griego.


I conclude OFFENDER did violate rule. •

KMISÔn or About or Since: , 06/20/2012At or About: South Mopac Expressway &West Slaughter Lane, Austin, Travis

County, TexasCompiainant/Adjudication/Other:

Failure to comply with aSuper Intensive Supervision Program by traveling to alocation that was not listed on my approved Daily Activity Schedule. ParoleOfficer Barbara Griego.


I conclude OFFENDER did violate rule.

InformaUon contained herein may be confidential and privileged and shall nol be disclosed except as allowed by law.Page 10 of 15


HEARING OPERATIONS

Hearing Report (cont.)• REVOCATION-Not Waived

&ate#38*SISP ,,-, • .Complv.wltrf.aclallyactlvJtvschBd.ilprOn orAbout orSince: 07/06/2012AtorAbout: Austin IDistrict Parole OfficeComplainant/Adjudication/Other:

Failure to comply with my Daily Activity Schedule by not reporting to my ParoleOffendefRea: êny" ****** "« d™mM ^ OfficerBaJa cSgo.Conclusion: SustainedIconclude OFFENDER did violate rule.

On orAbout orSince: 07/06/2012 |V| ^^^•^^•^mf^^^^^m.mm^mm]Ator About: 1431 White Stone Blvd. Cedar Park, Travis County TXComplainant/Adjudication/Other: û.uy, ia

Failure to comply with aSuper Intensive Supervision Program by travellno to alocation that was not listed on my approved Daily Activity Schedule SoleOfficer Barbara Griego.

Offender Plea: DenyConclusion: SustainedIconclude OFFENDER did violate rule.

$We$MS\S*> >: \ -ComplY.withradallv-activity^hpHnio ,. ^r -On orAbout or Since: 06/27/2012 '—r^"r"' ' " :At or About: South Mopac Expressway &West Slaughter Lane, Austin Travis


Failure to comply with aSuper Intensive Supervision Program by traveling to atocataoni that was not listed on my approved Daily Activity Schedule. ParoleOfficer Barbara Griego.


On nr A hru it r\r Of»-»~«. ^ ~ •••••••••••••%••.•.•••••••.•••:•••••:•:•:.: :•:,•;•:;••;••On orAboutor Since: 06/26/2012At or About: South Mopac Expressway &West Slaughter Lane, Austin, Travis


Failure to comply with aSuper Intensive Supervision Program by traveling to abcation that was not listed on my approved Daily Activity Schedule. ParoleOfficer Barbara Griego.


Information contained herein may be confidential and privileged and shall not be disclosed except as allowed by I,Page 11 of 15


HEARING OPERATIONS


~Name —T-DG-J-#- -SID-#— VI0L-A-TION-#-10562620

Rule #/8 SISP +Complvwith.a.datlv activity schedule. "^~" . ' ' Jl ———nOn or Aboutor Since: 06/22/2012 ' "~' ~"~—"—""'—'—^—'—t— '• 'At or About: South Mopac Expressway &West Slaughter Lane, Austin Travis


Failure to comply with aSuper Intensive Supervision Program by traveling to atocation that was not listed on my approved Daily Activity Schedule ParoleOfficerBarbara Griego.


Iconclude OFFENDER did violate rule.

Evidence: EXHIBIT A.

EXHIBIT B.

EXHIBIT C.

EXHIBIT D.

EXHIBIT E.

EXHIBIT F.

EXHIBIT G.

EXHIBIT H.

EXHIBIT I.

EXHIBIT J.

Testimony of Parole Officer Barbara GRIEGO: OFFENDER was instructed to complywith his Dally Schedule atall times. On 06-20-12, 06-21-12 06-22-1206-26-12, and 06-27-12 OFFENDER was permitted to go to'his jobsite on SouthMopac Expressway and West Slaughter Lane. As EXHIBIT'S D-H point out OFFENDERwould go across the highway (Mopac) during lunch hours ranging from 2minutes totwenty minutes and then go back to the worksite. OFFENDER violated his terms ofGPS by traveling to locations that were not listed on his approved DailySchedule. There are restaurants In that area. She speculates that OFFENDERwould grab lunch ata restaurant and then go back to his worksite. On 07-05-12and 07-06-12 OFFENDER was approved to go to his jobsite on South MopacExpressway and Slaughter lane. OFFENDER failed to follow his schedule on thetwo noted dates by going to,his Jobsite in Cedar Park instead (as indicated onEXHIBIT'S Iand J. As indicated on EXHIBIT C, OFFENDER was supposed to report

Information contained heroin may ba confidential and privileged and shall not be disclosed except as allowed by law.Page 12 or 15

Name—


HEARING OPERATIONS

Hearing Report (cont.)REVOCATION-Not Walved-

to the Austin IParole Office on 07-06-12 at 2:00pm. OFFENDER failed to reoortas instructed. OFFENDER reported on 07-06-12 around 3:15pm.

Testimony of OFFENDER: He was instructed to comply with his schedule at alltones. On 06-20-12 06-21-12, 06-22-12, 06-26-12, and 06-27-12 he went to hisjobsite on mopac and Slaughter lane. He had to use the company truck to haulstuff. He was the only one there with avalid license. He had to turn thetruck around and the only way for him to do that was to drive down the streetand get around the median and then turn back around so he could get in the workentrance. There are lights on the. road. He had to stop at red lights He dWninHtVlwT^ °n, 3ny °f the n0ted dates t0 9etf00d- On 07-05-12 and?L r ~? nd!d,n°t 00k at his schedule. He thought he was supposed to be atthe Cedar Park jobsite. That is where he was all day. After reviewing hisschedule he now knows he was supposed to be at the mopac and Slauqhter Lanejobs,te. On 07-06-12 he did not look at his schedule properly. He thought hewas supposed to report at 4:00pm. His parole officer called him and asked himwhere he was at 2:00pm. He immediately left work and made it to the ParoleOffice by 3:15pm. He reported, but just not at 2:00pm. He looked at hisschedule wrong.

Hearing officer commentsNone.

-VIOLA-TION-#-10562620

Information contained herein may be confidential and privileged and shall not be disclosed except as allowed by law.Page!} of 15 .


HEARING OPERATIONS


ADJUSTMENT PHASE

Parole Officer

Introduced adjustment statement.Presented the following additional information:

Testimony of Parole Officer Barbara GRIEGO: OFFENDER'S instant offense is Robbery (2 •nSn RiS e"gib,e for an lntermediate Sanction Facility (ISF) This isOFFENDER'S first pre-revocation warrant since he was released from prison She hashnmTvMtt°npPpSn«SKCe MTh 2°12- 0FFENDER ported as instructed and was home forhome visits. OFFENDER has maintained stable employment with Austin Eagle ManagementServices since January 2012. OFFENDER was doing well on supervision until theallegations. OFFENDER had astable residence. OFFENDER attended meetings as instructed.

ISF / SAFPF EligibilityISF EligibleSAFPF Eligible

Offender

whS'SffnJS? i She !! °FFENDER'S aunt- OFFENDER'S mother and father passed away3SSn« ? ,T HPnS0!nJ Th6y b°th di6d fr0m Cancer- She ,s OFFENDERS support systemnppPMnpp P ? h«r™]6°nCe- Her husband was in,tial|y not verV keen °n the idea of

Sp^nrff0 ln?/°th6ir residence' but 0FFENDER Proved himself. It was initially very hardon OFFENDER. In May 2012, OFFENDER got his own home. They heiped OFFENDER moveTn OFFENDEROFFEN^R hT Hen £FnlNClER hM nWhMnad emP'W- OFFENDER works longs houT °FFENDEROFFENDER helped with all the household chores. OFFENDER is aaood Derson and .inri^nJinHc h™,important it Is for him to follow his schedule. OFFENDER has alot of support Understands how^stimony of OFFENDER: He presented DEFENSE EXHIBIT 1. He was doing well on supervision HeTe dfd mttn ,n^TTTf1AKUStuEa9,e Mana9ement Services. He can return to woVTereHe did irrigation and installation jobs. He used the company truck on occasion. He had tohaul equipment. He did twenty-two years in prison. He went in when he was nineteen years oldand got out when he was forty years old. He had ahard time adjusting at first. It eventuallygot aUtOe easier for him. He does not do anything intentionally to violate his parole Hehas high blood pressure and has been diagnosed with aterminal illness. He works every dayHe attends Alcoholics Anonymous meetings as instructed. He also attends Anger Managementmeetings. He was doing everything he was supposed to do on supervision.

Proposed Residence Plan:Self

Plan is verified.

Information contained herein may be confidential and prMegad and shall not be disclosed except es allowed by law. D„ ,. , ,crBQB 14 Of 15

"Name"


HEARING OPERATIONS

Hearing Report (cont.)•REVOCATION-Not Waived

-TDG-J-#- ~SID#- -VIOLATION-#-10562620

RECOMMENDATIONSRecommendation by paroleofficerRevoke

Recommended special conditions

Recommendation by hearing officerNon Revocation Action- Continue SupervisionReaffirm orModify Existing Special Conditions

Recommended special conditionsNone.

Submitted by

HEARING OFFICER

ATTACHMENTSFEE AFFIDAVIT FORM

Date

RIGHTS OF OFFENDER IN THE REVOCATION PROCESS CHARGING INSTRUMENTOTHER - Digital Recording ofHearing

13 EXHIBIT'S

Information contained herein mey be confidential and privileged and shall not be disclosed except as allowed by law.Page 15 of 15

STATE OF TEXAS

COUNTY OF TRAVIS

BUSINESS RECORDS AFFIDAVIT

Before me, the undersigned authority, personally appeared Stuart Jenkins, who, being duly

sworn by me, deposed as follows:

My name is Stuart Jenkins. I am over 18 years of age, of sound mind, capable of making

this affidavit, and have personal knowledge of the facts herein stated:

I am employed as the Director for the Texas Department of Criminal Justice Parole

Division. These documents are kept by the Texas Department of Criminal Justice in the

regular course of business of the Texas Department of Criminal Justice. The documents

attached hereto are exact duplicates of Parole Directive: PD/POP-3.6.9, Sex Offender

Treatment and Polygraph Guidelines Addendum; and PD/POP-3.6.9, Attachment A.

SWORN TO AND U BSCRIBED BEFORE ME on this I D,dl day of ::1n 2016, by , who is personally known to me to be the person

named herein, an o whom an oath was administered, for which witness my hand and

official seal this day.

In and r the State of Texas

!RECTOR

t of Criminal Justice

Notary P ic e JOAN KUNIS

Notary Public

STATE OF TEXAS

Commission Exp. AUG. 27, 2016

Notary without Bond

PD/POP-3.6.9 - Sex Offender Treatment and Polygraph Guidelines Addendum

Date: 03/15/2016

Section VII. Polygraph Examination Requirements

Authority: U.S. Const. amend. V, Ex parte Dangelo, 376 S.W.3d 776, 781 (Tex. Crim. App.

2012), Dansby v. State, 398 S.W.3d 233 (Tex. Crim. App. 2013). Dansby v. State, 468 S.W.3d 225, 234 (Tex. App. Dallas 2015)

The following procedures apply when a sex offender intends to or has invoked the Fifth Amendment right regarding a polygraph examination.

1. If the parole officer has been informed prior to the polygraph examination

appointment, by either the sex offender therapist or the client, that the client intends

to invoke the Fifth Amendment right during the polygraph examination, the parole

officer must inform the client that:

a. The Fifth Amendment right is only applicable to questions where the answer

might incriminate a person in future criminal proceedings, for example

identifying undisclosed victims or admitting to new criminal offenses. The

right is applicable to pre-test, in-test, and post-test questions asked during

the polygraph examination.

b. The Fifth Amendment right is not applicable to questions that would not lead to future criminal proceedings, for example violating child safety zones

or committing offenses for which a person has already been convicted or to which a person has already pled guilty.

c. The client must show up for the scheduled polygraph examination

appointment and is responsible for paying the required fee.

d. The client must sign the polygraph consent form, otherwise the polygraph

examiner may not proceed with the examination.

e. The client must listen and respond to each and every question asked by the polygraph examiner. Blanket assertions of the Fifth Amendment right are not permitted. The Fifth Amendment right must be invoked in response to each specific question where appropriate.

f. The parole officer must provide the client with the attached form outlining the above and require the client to sign and date the form.

2. Ifthe parole officer did not have prior notice of the client's intent to invoke the

Fifth Amendment right during the polygraph examination, and was informed after

the polygraph examination appointment that the client refused to comply with the

polygraph examination because the client invoked his Fifth Amendment right, the

client must be instructed to return to the parole office. Once the client returns to

the parole office, the parole officer must review step 1 above with the client, have

the client sign and date the attached form, and reschedule the polygraph

examination appointment.

.) . After the polygraph examination appointment, the parole officer must ask the

polygraph examiner to send to the parole officer each question asked and the

client's response to each question. The parole officer must send the requested

information to the Sex Offender Program supervisor or designee. The Sex Offender

Program supervisor or designee, upon conferring with the Specialized Programs

Section Director (Section Director), must contact the Office of General Counsel

(OGC) to review the appropriateness of the client's invocation of the Fifth

Amendment right. The invocation of the Fifth Amendment right will be viewed

liberally and in the light most favorable to its legitimacy. The privilege should be

deemed appropriate unless it clearly appears the assertion is mistaken and the

answer cannot lead to future criminal proceedings.

4. Ifthe OGC determines the client's Fifth Amendment responses were appropriate,

the parole officer must discuss the results of the polygraph examination with the

client's supervision and treatment team. The parole officer must inform the sex

offender therapist that the client may not be discharged from sex offender treatment

based solely on the client's appropriately invoking the Fifth Amendment right

during the polygraph examination. A pre-revocation warrant may not be requested

or issued under these circumstances.

5. If the OGC determines the client's Fifth Amendment responses were not

appropriate, the OGC will inform the Section Director of its determination and

reasoning. The Section Director must consult with the supervision and treatment

team to determine the proper response to the polygraph examination results. This

may include, but not limited to, discussing the issue with the client, allowing the

client to retake the polygraph examination, requesting a parole panel to modify

supervision conditions, unsuccessfully discharging the client from sex offender

treatment, or proceeding to a revocation hearing.

PD/POP-3.6.9 - Sex Offender Treatment and Polygraph Guidelines, Attachment A

Date: 03/15/2016 Section VII. Polygraph Examination Requirements

The Fifth Amendment right only addresses a relatively narrow scope of questions.

J . The Fifth Amendment right is only applicable to questions where the answer might

incriminate a person in future criminal proceedings, for example identifying

undisclosed victims or admitting to new criminal offenses. The right is applicable

to pre-test, in-test, and post-test questions asked during the polygraph examination. 2. The Fifth Amendment right is not applicable to questions that would not lead to

future criminal proceedings, for example violating child safety zones or committing

offenses for which a person has already been convicted or to which a person has

already pied guilty.

3. I understand I must show up for the scheduled polygraph examination appointment

and I am responsible for paying the required fee.

4. I understand I must sign the polygraph consent form, otherwise the polygraph examiner may not proceed with the examination.

5. I understand I must listen and respond to each and every question asked by the

polygraph examiner. Blanket assertions of the Fifth Amendment right are not

permitted. The Fifth Amendment right must be invoked in response to each specific question where appropriate.

Client Name Date

Parole Division Representative Date

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

PAROLE DIVISION

-«Cf^ NUMBER: PD/POP-4.2.1

DATE: 06/15/11

PAGE: lofl4

POLICY AND OPERATING

PROCEDURESUPERSEDES: 09/12/07

SUBJECT: PRE-HEARING AND HEARING PROCESS

AUTHORITY:

508.281,508.281Tex. Gov't Code §§ 508.045, 508.048, 508.251,508.282.

508.252, 508.254, 508.256,

PURPOSE: To provide District Parole Office staff guidance on appropriate actions to be taken uponinitiation of the revocation process. The revocation process shall be initiated upon issuance of asummons or when an offender is taken into custody on a pre-revocation warrant and is in custody inthe state of Texas. This policy applies to offenders who:

• Had a summons decision rendered in accordance with PD/POP 4.1.1- Processing Violations ofthe Rules and Conditions of Release (Section II - Revocation Process Initiated by Summons toAppear).

• Had a pre-revocation warrant issued in accordance with PD/POP 4.1.1 - Processing Violationsof the Rules and Conditions of Release and the offender is currently in custody (Section III -Revocation Process Initiated by Warrant or Dueto Criminal Charges).

• Are currently in custody with adjudicated criminal charges and no pre-revocation warrant hasbeen issued; however, the case has been processed in accordance with PD/POP 4.1.1 -Processing Violations of the Rules and Conditionsof Release (Section III - Revocation ProcessInitiated by Warrantor Due to Criminal Charges).

PROCEDURE:

I. REVOCATION PROCESS

The revocation process can be initiated in two different ways:

A. Not in custody: A Summons to Appear is issued requiring the offender to appear at ahearing; however, the offender is not taken into custody prior to the hearing (Section II- Revocation Process Initiated by Summonsto Appear).

B. In custody: The revocation process is initiated upon the execution of a pre-revocationwarrant or upon arrest or adjudication of criminal charges, and there is not a pre-revocation warrant in effect. The parole officer shall request that a pre-revocationwarrant be issued and executed unless:

1. The offender cannot make bond; or

2. The offender has received a new conviction and the new sentence will not be

satisfied before the revocation process is completed (Section III - RevocationProcess Initiated by Warrant or Due to Pending Charges).

II. REVOCATION PROCESS INITIATED BY SUMMONS TO APPEAR

The issuance of a summons after the submission of a violation report initiates the revocationprocess. The offender is required to attend a preliminary or revocation hearing without a pre-revocation warrant in effect. The offender is not in custody.

A. Upon receipt of the decision to issue a summons, the parole officershall:

1. Contact the offender and schedule a date and time for the offender to report for theservice of the summons. If the offender cannot be contacted or does not report asinstructed within 14 calendar days, the Offender Information Management System(OIMS) Violation Report (VR) shall be updated by adding failure to report to theallegations and shall include a recommendation that a warrant be issued.

2. Enter the date and complete the region director or designee sections of the summons(Section E of the Rights of the Offender in the Revocation Process). For thepurposes of this policy, the designees may be the assistant region director or theparole supervisor.

3. Serve the summons to an offender at the District Parole Office (DPO) with a unitsupervisor or parole supervisor present. In locations such as satellite offices,contract halfway houses, orjails, the parole officer should request the presence ofanother parole officer or facility staffmember.

4. Print two copies ofthe Rights of the Offender in the Revocation Process form priorto the interview. The original shall be maintained by the parole officer and a copyprovided to the offender upon completion ofthe interview. Any violations disposedof by the Board ofPardons and Paroles (BPP) on a prior VR shall not be included inthe Rights of the Offender in the Revocation Process form.

5. Begin the interview by reading the offender's rights during the revocation process(Section Aofthe Rights ofthe Offender in the Revocation Process) without addingto orsubtracting from information contained in the statement ofrights. Do not offerany promises about the disposition of theparole violation.

6. After the Rights of the Offender in the Revocation Process (Section A) have beenread, require the offender to sign and date the form to affirm the offender's rightshave been read. The parole officer shall sign and date the form as a witness to theoffender's signature. If the offender refuses to sign the form, the parole officer shallnote the offender's refusal on the signature line of the form, sign and date the form,and advise the offender the applicable hearing will beconducted.

PD/POP 4.2.1 Page 2 of 14

7. Advise the offender of the alleged violations (Section B of the Rights of theOffender in the Revocation Process). If allegations are changed or added to thispage, the offender and the parole officer shall both initial and date the changes oradditions.

8. Review the hearing options (Section C and D of the Rights of the Offender in theRevocation Process). The offender may choose to waive the preliminary hearing,revocation, or both. An opportunity to waive the hearings shall not be given to anoffender who is not competent to understand the allegations. For the purpose of thispolicy, "not competent to understand" means an offender who has an IQ of 70 orbelow, is currently on the Special Needs Offender Program (SNOP) caseload, or hasan active psychiatric diagnosis.

9. Update the OIMS (PR Interview screen) within one business day upon returning tothe designated headquarters after conducting the interview.

B. If the offender:

1. Requests a hearing, go to Section IV of this policy - Criteria for SchedulingHearing/Scheduling of a Hearing.

2. Elects to waive the hearing process, go to Section V of this policy - Waiver ofHearing(s).

3. Elects Conditional Waiver of the Revocation Hearing Process, go to Section VI ofthispolicy - Conditional Waiver of the Hearing Process.

III. REVOCATION PROCESS INITIATED BY WARRANT OR DUE TO CRIMINALCHARGES

The revocation process shall be initiated by the parole officer when an offender is in custody ona pre-revocation warrant or due to pending or adjudicated criminal charges in the State ofTexas.

A. Upon notification of warrant execution, the warrant shall be reviewed to determine ifwarrant withdrawal is appropriate. The warrant may be withdrawn as a result of a casestaffing. The revocation hearing process will begin with a preliminary hearing for anoffender who is in custody on a new pending charge, or who has been arrested orconvicted for a minor traffic offense punishable by fine only. The revocation hearingprocess will begin with a revocation hearing for an offender who is in custody ontechnical violations only, or who has an adjudicated charge occurring after release tosupervision.

1. The parole officer is responsible for interviewing the offenders in a county jail, statejail, or Federal Correctional Institution (FCI) located in the state of Texas. If anoffender is arrested out of State and the pre-revocation warrant has not beenconfirmed, or an unrevoked parole or mandatory release violator returns to theTexas Department of Criminal Justice Correctional Institutions Division (TDCJCID) before the parole officer conducts the interview, notice shall be sent to theWarrants Section by mainframe e-mail at NOA_RESP. The notice shall contain the


offender's SID number, name, warrant number, and the offender's location.Warrants Section staff shall coordinate with the BPP staff to ensure the revocationprocess is completed.

2. The interview shall be completed no later than five calendar days of the offender'sarrest.

3. The parole officer shall, prior to interviewing the offender:

a. Contact the holding facility and obtain the necessary information about any newviolations against the offender.

b. Add any allegations to the OIMS-VR as required, including failure to report tothe parole officer, failure to pay supervision fees, or new criminal allegations.Any violation(s) disposed of by the Board of Pardons and Paroles (BPP) on aprior VR shall not be included in the Rights of the Offender in the RevocationProcess form.

c. Print two copies of the Rights of the Offender in the Revocation Process formprior to the interview. The original shall be maintained by the parole officer anda copyprovided to the offender upon completion of the interview.

4. During the pre-revocation interview, the parole officer shall begin the interview byreading the offender's rights during the revocation process (Section A of the Rightsof the Offender in the Revocation Process) without adding to or subtracting frominformation contained in the statement of rights. The parole officer shall not offerany promises aboutthe disposition of the parole violation.

5. After the rights have been read, the offender shall sign and date the form to affirmthe offender's rights have been read. The parole officer shall sign and date the formas a witness to the signature. If the offender refuses to sign the form, the paroleofficer shall note the offender's refusal on the signature line of the form, sign anddate the form, and advise the offender the applicable hearing will be conducted.

6. The parole officer shall advise the offender of the alleged violations (Section B ofthe Rights ofthe Offender in the Revocation Process). Ifallegations are changed oradded to this page, the offender and the parole officer shall both initial and date thechange(s) or addition(s).

7. The parole officer shall review hearing options (Sections C and Dof the Rights ofthe Offender in the Revocation Process). The offender may choose to waive thepreliminary hearing, the revocation hearing, or both. An opportunity to waive thehearing(s) shall not be given to an offender who is not competent to understand theallegations.

8. The parole officer shall update the OIMS (PR Interview screen) within one businessday upon returning to the designated headquarters after conducting the interview.


B. If the offender:

1. Requests a hearing, go to Section IV of this policy - Criteria for SchedulingHearings/Scheduling of a Hearing.

2. Elects to waive the hearing process, go to Section V of this policy - Waiver ofHearing(s).

3. Elects Conditional Waiver of the Revocation Hearing Process, go to Section VI ofthis policy - Conditional Waiver of Revocation Hearing Process.

IV. CRITERIA FOR SCHEDULING HEARINGS/SCHEDULING OF A HEARING

A. The appropriate hearing shall be scheduled if the offender does not waive either or bothof the hearings. The hearing process shall begin with a preliminary hearing for anoffender who is in custody on new pending charges or arrested or convicted for a minortraffic offense punishable by fine only. The hearing process shall begin with arevocation hearing for an offender who is in custody on technical violations only, orwho has an adjudicated offense occurring after release on supervision.

1. Apreliminary hearing shall be scheduled for an offender who is in custody on a pre-revocation warrant, unless warrant withdrawal is more appropriate when:

a. The offender is:

i. Accused of a new offense;ii. Accused of a new offense but is later "no-billed," or the charge is

dismissed;iii. Has a new conviction for a traffic offense where the punishment is only a

fine;

iv. Allegedly engaged in criminal conduct buthas no formal charges pending;or

v. Arrested on a new criminal charge.

b. The offender who is entitled to a preliminary hearing does not sign any portionof the Rights of the Offender in the Revocation Process form; or

c. The offender who is entitled to a preliminary hearing is mentally incapable ofunderstanding his rights. To guarantee due process and fundamental fairness insuch cases, a preliminary hearing shall be scheduled if there is a question ofwhether the offender is capable of comprehending, making decisions, andspeaking effectively for himself due to a mental disability, physical disability, orothercause, including the need foran interpreter for the deaf.

B. A revocation hearing shall be scheduled in the following circumstances for an offenderwho is in custody on a pre-revocation warrant, unless warrant withdrawal is moreappropriate:

1. The offender is alleged to have committed technical violations only.


2. The offender, following a trial or a plea of guilty or nolo contendere for a felony ormisdemeanor offense, has been:

a. Sentenced to community supervision, including deferred adjudication; or

b. Sentencedto time in a penal institution.

3. An offender who was entitled to a preliminary hearing waived that hearing but notthe revocation hearing, and the parole panel or Board of Pardons and Paroles (BPP)designee, upon review of the waiver packet, decides to proceed to a revocationhearing.

4. A preliminary hearing was held, the decision of theparole panel or itsdesignee is toproceed to a revocation hearing, and the offender requests the revocation hearing ordoes not choose to waive the hearing.

5. The offender is mentally incapable of understanding the revocation process. Toguarantee due process and fundamental fairness, a revocation hearing shall beprovided if there is a question ofwhether the offender is capable ofcomprehending,making decisions, and speaking, including the need for an interpreter for the deaf.

C. Staff shall schedule hearings in accordance with the following deadlines:

1. For offenders being held in a county or municipal jail, the parole officer shallschedule the hearing within one business day ofthe initial or subsequent interview.

2. For offenders who have been transferred to a TDCJ-operated or contracted facility,a hearing shall be scheduled within five business days of the initial interview.

D. To schedule a hearing, the parole officer or analyst shall:

1. Notify the Scheduling Unit of the BPP at the time the hearing is requested if theoffender has any mental or physical disabilities that might impair the offender'sself-representation, including problems with reading, speaking, or understanding theEnglish language, or if the offender is taking medications that could causeimpairment. Upon receipt of this information, the BPP staff will determine whetheran appointed attorney is required in accordance with BPP policies.

2. Complete the Hearing Schedule onthe appropriate Hearing Period onthe OIMS.

3. Contact the Scheduling Unit ofthe BPP by telephone at 888-839-7773 for a hearingdate, and provide the following information:

a. The offender's name, date of birth, and location.

b. The offender's warrant number; TDCJ, PIA, or OOS number; SPN number forHarris County cases; and booking number for Dallas County cases.

c. The date the warrant was executed, the date of the preliminary or revocationinterview, the status and disposition ofall the alleged law violation(s), including:


i. Conviction date;

ii. Sentence completion date;

iii. Datethe sheriffprovided notification of final disposition;iv. Type of hearing preliminary, revocation, mitigation, summons, or

reopening; and

v. Location of the hearing.

d. Whether a determination has been made regarding appointment of an attorney.This information may be obtained from the waiver packet or from the HS-135 incases where a preliminary hearing has alreadybeen held.

e. The name of the parole officer.

f. The nature of the alleged violation(s) including both the rule number and theallegation, the offender's instant offenses, and the offender's discharge date.

g. If the parole officer contacts the Scheduling Unit more than seven calendar daysfrom the date the warrant was executed, the parole officer may be required toprovide a written explanation for the delay in scheduling the hearing.

E. Hearing Date: The parole officer oranalyst shall obtain the hearing officer's name, date,time, and location of the hearing from the BPP Scheduling Unit. The parole officer oranalyst shall enter this information on the Rights of the Offender in the RevocationProcess form.

F. Hearing Notification

1. The parole officer shall make timely notification to the offender of the allegations,date, time, and location ofthe hearing. A copy ofthe Rights form with the scheduledhearing information shall be given to the offender at least three calendar days prior toa preliminary hearing and at least five calendar days prior to a revocation ormitigation hearing.

2. In the case of a summons, the parole officer shall provide the scheduled summonshearing information to the offender at the time of a parole visit and shall conduct apre-hearing interview in accordance with Section I ofthis policy.

3. Proceed to Section VII- Hearing Preparation

V. WAIVER OF HEARINGS

A. At the time of the initial pre-hearing interview, the offender may choose to waive thepreliminary hearing, the revocation hearing, or both hearings. An opportunity to waiveone or both of the hearings shall not be given to an offender who is not competent tounderstand the allegations. In the event the offender elects to waive the hearings, theparole officer shall:

1. Instruct the offender to indicate the waiver by signing Section Cof the Rights of the


Offender in the Revocation Process form.

2. Sign and date the form as a witness to the signature (Section C, Waiver ofHearings).

B. At the time of a subsequent interview or at the preliminary hearing where the parolepanel or its designee has found probable cause, the offender's informed consent isrequired for a waiver to be accepted.

C. Waiver Processing

Within three business days of the interview, the paroleofficeror analyst shall:

1. Prepare the waiver packet, which shall include the Rights of the Offender in theRevocation Process form, the release certificate, the Adjustment Statement (PSV-32B), and documents that establish proof of the alleged violation, includingindictment or information, judgment and sentence, statements, affidavits, and allVRs.

2. Submit the packet to the unitsupervisor or regional designee for review.

D. Waiver Packet

The documentation described in Section V.C.I is referred to as a "waiver packet." Theunit supervisor or regional designee shall review and approve the waiver packet thesame day it is received. The waiver packet shall be forwarded within one business dayto the region designee for scanning and attachment to the OIMS. The packet shall bescanned into the OIMS within two business days of receipt of the packet from theparole officer. The OIMS - PR Interview screen shall be updated within one businessday of verifying the packet was scanned into the OIMS.

E. A hearing shall be scheduled for an offender who changes his mind after waiving ahearing, provided the BPP or its designee has not reviewed and responded to the allegedviolations.

VI. CONDITIONAL WAIVER OF REVOCATION HEARING PROCESS

A. At the time of the initial pre-hearing interview, the offender may accept the conditionalwaiver of the revocation hearing process and voluntarily agree to placement in anintermediate sanction facility (ISF) or a substance abuse felony punishment facility(SAFPF). This conditional waiver shall resolve the alleged violations depending on theTDCJ-PD recommendation and the BPP approval of the recommendation. An offendercannot agree to accept a Conditional Waiver of the Revocation Hearing process at thepreliminary hearing, as the allegations must be administrative violations only, with nolaw violations pending, or the offender's sentence must have been completed with timeserved.

B. Conditional Waiver of the Revocation Hearing Process is not an option for an offenderwho is not competent to understand the pending allegations.


C. The parole officer shall read the offender's rights to a conditional waiver of theRevocation Hearing process for ISF or SAFPF placement. If the offender understands,accepts, and voluntarily agrees to confinement in an ISF or SAFPF and agrees tosuccessfully complete the program, the offender shall indicate such by signing anddating the Rights of the Offender in the Revocation Process form and ConditionalWaiver - Notice of Alternate Action form. The parole officer shall witness theoffender's signature and sign and date the form, below the offender's signature,indicating the paroleofficerwitnessed the signature.

D. Waiver Processing

Within three business daysof the interview, the parole officershall:

1. Prepare the waiver packet, including the Rights of the Offender in the RevocationProcess form, the release certificate, the Adjustment Statement (PSV-32B), anddocuments that establish proof of the alleged violation, including statements,affidavits, certified court documents, complaints, indictment, information, judgmentand sentence, orderof probation, and all applicable VRs.

2. Submit the packet to the unit supervisor or region designee for review.

E. Waiver Packet

The unit supervisor or regional designee shall review and approve the waiver the sameday it is received. The waiver packet shall be forwarded within one business day to theregion designee for scanning and attachment to the OIMS. The packet shall be scannedinto OIMS within two business days of receipt of the packet from the parole officer.The OIMS - PR Interview screen shall be updated and submitted within one businessday of verificationthe packet was scanned into OIMS.

VII. HEARING PREPARATION

A. Witnesses

1. The parole officer shall obtain a list of the names, addresses, and phone numbers ofthe offender's witnesses, who must be subpoenaed to attend the hearing.

2. The parole officer shall determine which state witnesses are needed to support thealleged violations by reviewing all appropriate documents, e.g., VRs, Rights oftheOffender in the Revocation Process form, offense report, affidavit, and statements.The list of witnesses shall be provided to the offender within three calendar daysprior to apreliminary hearing and five calendar days prior to a revocation hearing.

A preliminary hearing with an alleged pending criminal charge(s) does not requirewitnesses to establish probable cause; however, the parole officer shall obtaincertified court documents such as an indictment or information when available, andstatements and affidavits sufficient for establishing probable cause. The offenderhas the right to confront and cross-examine witnesses. The parole officer shallrequest subpoenas for anywitnesses identified by the offender.


3. The parole officer shall request a subpoena, on the OIMS, for all the witnessesrequested by the offender who need a subpoena or designated by the parole officerin Section VII A.2 above. The parole officer shall submit the request as soon aspossible and no later than three calendar days of scheduling the hearing.

4. Revocation Hearing for Mitigation

At a revocation hearing after a conviction for a new felony offense, documentsconfirming the offender has been convicted, such as certified copies ofthe judgmentand sentence are sufficient proof for the evidence phase of the hearing. In thesesituations, no witnesses shall be called to support such violations. Asubpoena maybe requested if:

a. The offender requests a subpoena for character witnesses for the adjustment phaseof the hearing; or

b. The Rights of the Offender in the Revocation Process form also containsallegations of administrative violations of the conditions of release, and witnessesare needed to testify regarding such allegations. Subpoena requests shall besubmitted in accordance with established policy.

5. Subpoena

If the parole panel issues a subpoena, the parole officer or region designee shallpersonally deliver a copy of the subpoena to the witness named in the subpoena.When subpoenaing law enforcement officers, the subpoena may be submitted to thatagency's liaison office.

B. Court Documents and Other Evidence

The parole officer shall be prepared to submit documents and other evidence in supportof the allegations at the hearing, even if the offender previously admitted to theviolations, as the offender may deny the allegations during the hearing.

The parole officer shall not rely solely on witness testimony to prove the allegation(s)and shall have all statements, affidavits, certified court documents such as complaints,indictments, information, judgment and sentence, and order of probation available forintroduction at the hearing.

C. Additional/Supplemental Information

The parole officer shall review all information concerning the offender's adjustmentwhile on supervision. If a community supervision or federal probation officer is alsosupervising the offender, the parole officer shall contact the probation officer for astatus report on the offender's adjustment on supervision and provide that informationto the hearing officer. The officer may attach the prior history portion of the casesummary to the PSV-32B.

D. Parole Officer's Appearance at Hearings


Offenders have the right to confront their accusers. The supervising parole officer maybe required to attend preliminary and revocation hearings, whenever the parole officer'stestimony and cross-examination regarding administrative violations of the conditionsof release is requested unless:

1. The sole basis for revocation is a new conviction; or

2. The supervising parole officer isunavailable. If the supervising parole officer is notavailable as defined above, the unit supervisor or designee shall prepare a businessrecord affidavit.

E. Hearing Documents

1. The parole officer shall provide the offender and his attorney, if one is retained orappointed, with all ofthe documents that will be presented in the hearing includingthe names of all witnesses who have been subpoenaed or requested to appear.These documents and witness names shall be provided to the offender and theoffender's attorney, if one is retained or appointed three calendar days prior to apreliminary hearing and five calendar days prior to a revocation hearing.

2. Offense or arrest reports shall not be submitted as evidence at a hearing unlessspecifically approved for release by the law enforcement agency. Parole officersshould submit documents that are public record such as a criminal complaint,indictment,judgment, or sentence.

3. On the same date the hearing documents are provided to the offender, a copy ofthepacket including the Rights of the Offender in the Revocation Process shall beprovided to the hearing officer to allow time to prepare for the hearing.

VIII. CONDUCTING THE HEARING

A. Preliminary Hearing or Revocation Hearing

1. A BPP hearing officer will facilitate the hearing by instructing the parole officer toprovide the evidence and any additional information or explanation regarding thealleged violations and to present the witnesses who have been called to testify.

If the hearing is conducted in a TDCJ unit, the parole officer may be required to bepresent in order to introduce evidence orbe available to respond toquestions. If theparole officer is not present, the hearing officer may introduce the informationcontained in the packet.

2. After the hearing officer explains the purpose of the hearing and the offender'srights, the hearing officer will request the Certificate of Release. The hearingofficer will then begin the evidence phase of the hearing by requesting the offenderadmit or deny the allegations. If the offender denies the allegations, the hearingofficer will then request the parole officer produce all evidence related to the allegedviolations including, but not limited to, documents or witness testimony. Thehearing officer will then ask the offender or the offender's attorney, if representedby counsel, to present any evidence or witness testimony in defense of the


allegations. If the offender admits the allegations, the hearing officer will usuallyproceed to the adjustment phase of the hearing, but in some cases the hearing officermay, at the hearing officer's discretion, request evidence to be presented.

3. Once the evidence has been admitted into the record, the hearing officer willdetermine whether sufficient evidence has been presented to find probable cause orsustain the allegation. The offender will be asked to provide a release plan either atthis point or after the adjustment phase.

4. If the hearing officer determines there is sufficient evidence to proceed to theadjustment phase of the hearing or if the offender has admitted the allegations, thehearing officer will request any documents or testimony regarding the offender'sadjustment on parole. The parole officer shall present all relevant documentsregarding theoffender's adjustment while on supervision.

5. Once the adjustment evidence is admitted, the parole officer may be asked for hisrecommendation. At a preliminary hearing, a parole officer may recommend tocontinue on supervision with the same ormodified conditions, return to the sendingstate (Interstate Compact cases), continue warrant in effect pending adjudication ofcharges orproceed to revocation hearing. Ata revocation hearing, the parole officermay recommend to continue on supervision with the same or modified conditions,transfer to an ISF or SAFPF as outlined in PD/POP 4.3.1 - Intermediate SanctionFacility (ISF) Criteria, or revocation.

6. At the conclusion of a preliminary hearing, the hearing officer may ask the offenderwhether the offender wants to waive the revocation hearing.

7. After the recommendation is received, the hearing officer shall close the hearing andprovide information as to when the decision will be made by the parole panel.

B. Hearing Conducted by Summons

1. If an offender fails to appear at a summons hearing, the parole officer shallimmediately contact the Command Center at 512-406-5390, informing them awarrant is being requested as a result of an offender's failure to attend a summonshearing.

2. A summons hearing shall be conducted in the county jail in the same manner aslisted in Section VII - HearingPreparation.

3. If the hearing officer sustains the allegations and the parole officer'srecommendation will be ISF, SAFP, or revocation, the parole officer shall request arecess and:

a. Contact the Command Center at 512-406-5390 informing them a warrant isbeing requested as a result of a summons hearing; and also provide thefollowing information:

i. Offender's SID number;ii. Offender's name, date of birth, and location;


iii. Name of the parole officer or agent officer; andiv. Allegations that the hearing officer sustained, including both the rule

number and the allegations sustained.

b. Instruct the offender to remain after the summons hearing; and

c. Rely on law enforcement to detain the offender ifnecessary or request assistancefrom a correctional officer atthe jail ifnecessary.

4. Prior to the conclusion ofthe phone conversation with the Command Center, verifywhether a warrant has been issued.

5. When a warrant has been issued, notify law enforcement in order to execute thewarrant.

C. Mitigation Hearing for a New Offense

The hearing shall be conducted in accordance with the procedures described in SectionIII - Revocation Process Initiated by Warrant or Due to Criminal Charges. Certifieddocuments confirming the offender has been convicted of a new felony offense aresufficient proof for the evidence phase ofthe hearing in relation to the alleged violationsinvolving the new offenses. The offender may call character witnesses to testify on theoffender's behalf.

If violations that are not related to the new conviction are also alleged such asadministrative violations ofthe conditions ofrelease, the evidence phase ofthe hearingshall proceed in accordance with established policy.

IX. DECISIONS

A. Hearing Conducted by Warrant

Hearing Operations will forward a copy of the document signed or initialed by theparole panel members. If a hearing was conducted, a copy of the hearing report withthe findings of fact and conclusions of law shall be sent to the supervising parole officerby email.

B. Non-Revocation

If the parole panel's decision is:

1. Continue Supervision - the parole officer shall follow the procedures outlined inPD/POP 4.2.2 - Warrant Cancellation and Return to Supervision, and ensure thewarrant is withdrawn within three business days. If the parole panel's decision wasbased upon a hearing orwaiver obtained after the issuance ofa summons, the paroleofficer shall resume supervision.

2. Continue Supervision Pending Adjudication of Charges - the warrant will bewithdrawn and the parole officer shall initiate the revocation process as outlined inSection III of thispolicy upon adjudication of the criminal charges.


C. Proceed to Revocation

If the hearing officer finds probable cause, the parole officer shall conduct an interviewand follow the procedures outlined in this policy. In the event the offender has pendingcriminal charges, the Revocation Hearing shall be scheduled within two business daysof theparole officer learning thecharges have been adjudicated.

D. ISF/SAFPF

If the decision is to transfer the offender to an ISF or SAFPF, the parole officer shallnotify the ISF coordinator by email of the panel's decision in accordance with PD/POP4.3.1 - Intermediate Sanction Facility (ISF) Criteria.

E. Revoke

If the decision is to revoke, the parole officer shall obtain the Proclamation ofRevocation and Warrant of Arrest and the Hearing/Waiver Results from the OIMS. Acopy of the Proclamation of Revocation and Warrant of Arrest and the Hearing/WaiverResults shall be provided to the offender within three business days of receipt ofnotification. The parole officer shall require the offender to sign and date the form toacknowledge receipt of the notification and the parole officer shall witness thissignature. If the offender refuses to sign the form, the parole officer shall note theoffender's refusal on the signature line of the form, and sign and date the form on thewitness line. The signed copy of the Hearing/Waiver Results form shall be scanned intoOIMS.

In cases where the offender is in the custody of a county jail, one (1) copy of theProclamation of Revocation and Warrant of Arrest shall be delivered to the sheriffsoffice within three business days of receipt of notification. If the offender is in a StateJail, a copy of the Proclamation of Revocation and Warrant of Arrest shall bedelivered to the appropriate Records Office within three business days of receipt ofnotification.

F. Interstate Compact Cases

If the decision by the sending state on an Interstate Compact case is to return theoffenderto the sending state, the parole officer shall monitor the case until the time theoffender is retaken by the sending state.

X. DEADLINE FOR DISPOSITON

If a BPP decision is not received within (15) calendar days of the submission of the waiver orthe hearing completion date, the parole officer shall contact the appropriate BPP office toascertain the status of the disposition.

Stuart Jenkins

Director, Parole Division


STATE OF TEXASTEXAS DEPARTMENT OF CRIMINAL JUSTICE

PAROLE DIVISION

Rights of the Offender in the Revocation Process

A. To: SID# TDCJ* Violation* 10562620

It is alleged that you have violated one or more of the rules/conditions of your release. Your rights inthe revocation process are listed below.

1. You have the right to be personally served with written notice of the rules and conditions you are accusedofviolating. That means you have the right to have someone give you written information ofwhatconditions ofrelease you are accused ofbreaking.

2. You have the right to have apreliminary hearing if you have not been convicted of anew offense. Thishearing will be held at or near the place of the alleged parole or mandatory supervision violation. Thepurpose of the preliminary hearing is to determine whether there is probable cause or reasonable grounds tobelieve you violated a condition of release.

3. You have the right to have arevocation hearing if you are alleged to have committed technical violationsor you are found guilty in acriminal case. However, if you receive afelony conviction with aterm ofincarceration in apenal institution, you will be allowed only alimited hearing in order to explain whyyou should not berevoked. You must request this mitigation hearing.

4. You have the right to adisclosure of evidence against you. That means you can see everything before theheanng. •

5. You have the right to astate appointed' attorney under certain circumstances to be determined by ahearingofficer. If you qualify for that right, an attorney will be appointed to represent you. If you do notqualify for that right, you may hire an attorney to represent you.

6. You have the right to be heard in person by telling ahearing officer what happened and to presentevidence, affidavits, letters and documents in support ofyour position.

7. You have the right to confront and cross-examine adverse witnesses by asking questions at the hearingunless the hearing officer specifically finds good cause for not allowing you to do so.

8. You are entitled to be heard on the violations by someone designated by the panel.

9. If your parole or mandatory supervision is revoked as aresult of ahearing, you will receive awrittenreport by the hearing offiper which sets forth the evidence relied upon in support of afinding that youviolated one or mqre conditions ofyour parole or mandatory supervision.

10. If revoked as aresult of ahearing, you may have the right to request that the Board of Pardons andParoles reopen the revocation hearing within sixty [60] days from the date of the Board's decision.

As indicated by my signature below, Iaffirm that Ihave been advised of my rights in the revocationprocess.

Offender r -,

Witness \

Information contained herein may be confidential and prMleBedVnd stall not be disclosed except as allowed by law.

Date

Date

Page 1 of 5

To: 4lflMIMmnM^ SID# JHHP TDCJ# WHKN Violation# 10562620

B. NOTICE OF ALLEGED VIOLATIONS OF RELEASE

You are accused ofviolating oneor more ofthe rules/conditions ofyour release as set out in the" "Certificate of Release, or as modified since release, to wit:

~~T)~"Ruli~# : 8~~STSP rsfiall^mply^fTrrôfficer, twenty-four (24) hours a day, seven (7) days a week.

On or About or Since: 06/20/2012

At/About : South Mopac Expressway &West Slaughter Lane, Austin, Travis County, TexasComp/Adj: Failure to comply with a Super Intensive Supervision Program by traveling to a

location thatwas not listed on my approved Daily Activity Schedule. ParoleOfficerBarbara Griego.

2) Rule# : 8 SISP Ishall comply with my daily activity schedule as directed and documented by my paroleofficer, twenty-four (24) hours a day, seven (7) days a week.



location that was not listed on my approved Daily Activity Schedule. ParoleOfficer Barbara Griego.

3) Rule # : 8 SISfc Ishall comply with my daily activity schedule as directed and documented by my paroleofficer, twenty-four (24) hours a day, seven (7) days a week.



location thatwas not listed on my approved Daily Activity Schedule. ParoleOfficerBarbara Griego.

\ * ' /I * JOffend - , . .. Date JS~ £^£ V?-

(Signature acknowledging Notification of ^legations) ^

1) Rule# . 8 SISP *• Admit ., . Initials Date

2) Rule# 8 SISP • Admit ^. , Initials Date

3) Rule# 8 SISP • AdmitInitials Date

Information contained herein may be confidential and privileged and shall not be disclosed except as allowed by law. Page 2 of 5 .

To: ^•••••••••BP SID# mmmm TDCJ# 0HHH§ Violation* 10562620B. NOTICE OF ALLEGED VIOLATIONS OF RELEASE

You are accused of violating one or more of the rules/conditions of your release as set out in the•Certificate ofRelease, or as modified since release, towit:

4) Rule # : 8 SISP I'shallxomplyi/vithiôfficer, twenty-four (24) hours a day, seven (7) days a week


At/About : South Mopac Expressway &West Slaughter Lane, Austin, Travis County, TexasComp/Adj: Failure to comply with aSuper Intensive Supervision Program by traveling to a


i

5) Rule # : 8 SISP Ishall comply with my daily activity schedule as directed and documented by my paroleofficer, twenty-four (24) hours a day, seven (7) days a week.


At/About : South Mopac Expressway &West Slaughter Lane, Austin, Travis County, TexasComp/Adj: Failure to comply with aSuper Intensive Supervision Program by traveling to a



On or About or Since: 07/05/2012At/About : 1431 White Stone Blvd. Cedar Park, Travis County, TXComp/Adj: Failure to comply with a Super Intensive Supervision Program by traveling to a

location that wasnot listed on my approved Daily Activity Schedule. ParoleOfficer Barbara Grieaa

Offender

4) Rule# 8 SISP Q Admit"

5) Rule# 8 SISP • Admit

6) Rule* 8 SISP • Admit

»* / » i^ / . r -^ 'm Date 0 C^c-."!^(Sigfiarure acknowledging Notification Âllegations)

Initials Date

Initials Date

Initials Date

Information contained herein may be confidential and privileged and shall not be disclosed except as allowed by law. Page 3 of 5

To: JMBPMHHHnM^ SID# Mi TDCJ# WKH& Violation* 10562620B. NOTICE OF ALLEGED VIOLATIONS OF RELEASE

You are accused ofviolating one ormore ofthe rules/conditions ofyour release as set out in theCertificate of Release, or as modified since release, to wit:

7) Rule * : 8 SISP rshaH'comply with my'daily activity'schôfficer, twenty-four (24) hours a day, seven (7) days a week.


At/About : 1431 White Stone Blvd, Cedar Park, Travis County, TXComp/Adj: Failure tocomply with a Super Intensive Supervision Program by traveling to a

location that was notlisted on my approved Daily Activity Schedule. ParoleOfficer Barbara Griego.


On or About or Since: 07/06/2012At/About : Austin I District Parole OfficeComp/Adj: Flilure to comply with my Daily Activity Schedule by not reporting to my Parole

Officer at 2:00pm as Instructed and documented. Parole Officer Barbara Griego.

Offender / " / »~^._* - , Date Y^ £ ~£-~ / Xy(Signature acknowledging Notification ofAllegations)

7) Rule # 8 SISP ,• Admit . ,___,—, initials Date

8) Rule* 8 SISP Q Admit -Initials Date

Information contained herein may beconfidential and privileged and shall not bedisclosed except asallowed bylaw. Page 4 of 5

To: SID* TDCJ#1 Violation* 10562620

C. WAIVER OF HEARINGS

1. Ido not want a PRELIMINARY hearing. Iunderstand that the parole officer has no authority to makepromises as to what will happen ifIdo not have a hearing. Iacknowledge thata parole panel may proceedto a revocation' hearing.Thav'e not been coerced into signing thiswaiver. •

"Offender" "Dale-

Witness Date

2. Ido not want a REVOCATION hearing. Iunderstand thattheparole officer has noauthority to makepromises as to what will happen ifIdo nothavea hearing. Ialso understand that the Parole Board will,in all probability, revoke. Ihave not been coerced into signing this waiver.

Offender

Witness

D. HEARING REQUEST/SCHEDULE

1. I hereby request that a Preliminary hearing be held.

Offender

Witness

Preliminary Hearing Location

2. I hereby request that^ Revogatiprrjiearing be held.

Offender

Witness

Date

Date

Date

Date

Date and Time of Hearing

Date

Date;

E. SUMMONS

You are hereby ordered andsummoned to appearat a preliminary/revocation hearing at the time, date andlocation indicated above to answerthe allegations in Section B. Your rights during the hearing processare outlined in Section A.

Failure to appear as instructed may result in the issuance of a warrant for your arrest.

\ aidd'Time of Hearihg

Date

EXECUTED this,addressee.

.day of,

Regional Director or Designee, Parole Division

, 20 by personally delivering a copy of same to the named

DIST: CENTRAL HEARING SECTION

HEARING OFF/

PAROLE OFF/

Parole Officer

OFFENDER/

ATTORNEY/

Information contained herein may be confidential and privilegedand shall not be disclosed except as allowed by law. PageS of 5 .

JUL-S7-2012 17:01 From:054508 5124451611 To:94775773

Opt* of issueneoi ll/02!/*0li

L093I county of residenceHARRIS

Location;

Cause*:

Unit ST, TDCJ-ID

^tete of 'fccas,Texos Department of Csiminai Justice

TDCJ #

Approved county af r$l«aseTRAVIS Pue to: SUPPORT, FAMILY OR FRIENDS

DPO

SID #

P«9e:7'30

*?A

tho Texas Department of Criminal Justice Institution*! Division C.TDCJ-ID} of the State of Toy** ha* determined the* said offender is eligible

for Parole undor the provisions of Chanter Syj, T**9$ tov't. Code. THEREFORE, the Texa* Board of Pardons ond ^f-oUj (Board? norcbv.ore>r$thot a**d offender be released undor Parole o<id *h*U Immediately report to tho office indicated below f»f supervision: /» V\

ftaYlfort toAUSTIN PPQ 1

21Q1 EAST B£N WHITE

AUSTIN, TX 7*741

C5121442-«3*7

6o directly to your approved residential plan. gAifdrt to

your Parole Officer by 9 A.M. the first working day after

release date* Failure to do so will cancel further gateinantsy and result in the issuance of arrest warrant.

ond shall be p*r»itt*ri to bo ot liberty in the legal e«stody of the Parole Division of tho Texas Department of Criminal Justice but subject to

the orders of tho poerd and the Texas Department of Criminal Justice Parole Division* ond undor the rules «nd condition* of P^rola herein,

Tho ocriod of Parole shell be for a period equivalent, to tho aaxlaua tera for which th» offender was sentenced leap eplendpr time actually

served on the $entenee. The tiae to be served under Parole i$ ol$o calculated as calendar t*»«. The certificate shall become effective when

«lipi.t|llty requirements for Parole under Ch«pfc*r 508, Texts Gov't, Code novo been «*t or when Parole is orderod by the Soard, and when all

rwlt.* *nd conditions, including statutorily ovulated, general and special condition* are aareod to by said ofrowd< r-.

STATUTORILY MANDATED CONDITIONS

Unlet* otherwise provided, I shall reside in the county in which I resided at the tin** I epaaitted the offense for which % was sentenced to

the Institutional Division or tho county of U«? offense for which I was ?cnt«nc*rf to tn« institutional Division If t was not a resident of tho

State of Texas, ,

X shedl demonstrate en oducoticnal skill level that is eoual to or greater than the average skill level of students, who have completed th*

sixth erode in a public school in the State of Texas.

I «h;>Al submit to testing for alcohol or ponkro.11pd subgtsnc*s»

I shall not communicate directly or indirectly with the victla; go to or near the residence, place of employment* e<* business of the victim;

or 00 to or near a school, day-care facility, •.** similar facility whore a dependent child of the victla is in attendance.

X shall not intentionally or knowingly communJvate directly or indirectly with, nor intentionally or knowingly fl» near a residence* school,

place of employment* vr busino** of the offeri* for which I was sentenced to the Institutional Division-

I shell reimburse the State of Texas for the ce?*9 of «ny Post-Secondary Educational progrpa^ in which 1 participated in TDCJ.

UPM.H£jSJJi^lj!&JJO&XsVQU&R» ay fiMBprvl*infl.q£fcifi£EiI shall Participate in a drug or alcohol continuum of car* treatment program.I shell register as a sex offender under Cheatwr «?, code of Criminal Procedure.

I she?l not go in* on or within a distance j«*csfi#d by a mar©!* panel of premises where children To-.anly getfier* nor shall t supervise or

oartieipote i« any 9r*Q*im th«t includes as participants or recipients, persons who are 17 veors of ago or younger, and I shall eltend

psychological counseling as specified by «y supervising officer, 1

I shall perform not loss than 306 hours of ceerjnity service at o service project designated py a parole panel.

SPECIAL CONDITIONS

0.t9 *, I shall participate in *i\9*r control training/ counseling.

S • I shall submit to a sMbstpnce (alcohol*1 narcotics) treatment progr9a, which may include urinalysis nenltdting, attendance at scheduled

counseling ««ion?( driving restriction or any of the related components as^-fclnected by the supervising sarole officer!$X£P - I shall eoaply with Super Intensive Supervision Progrpe conditions.

]$9U€0 BY ORDER OF THE BOARD Of PARDONS AMD 'AJWLE9 AT AUSTIN, TEXAS ON THE 3N0 DAY OP NOV

If Parole is satisfactorily coaplctedr maximj^ exeirdtidhdote win b«:

cn-&i%X\.\VL OWEMSBOARD OP PARDONS AND PAROLES

.. ;*jl- *?f>99<» 1

JUL-27-2012 17:BE From:054508 5124451611 To:94775773 Pa9e:8-'30

Name

Certificate of ParoleGeneral conditioh-S of parole release

TDCJ #

DPO

SID #

]n consideration of the Psrolo granted ac by the Board, [ do horoby accept such Parolo, [ recognise that ay release is conditional Bused upon

•v perforaonco of the following* tores end conditions! •

1, l snail noon releaso fret tha instilution, report laaodietely. as instructed •= ay Parole Officer; thereafter, report as dircctod

end follow all instructions 'roe «y Parole Officer. J2. I shall coaeit no offense against tKo laws of this State ar of any other State 0*- of the'Unitod Motor-.

i. I shall reside in a Specified place as approved by ay supervising officer. _(l<s. l snail not travel outside the State of Texas without the approval of ay supervising officer.

5. i shall not unlawfully own, possess, usa, soil, nor h«v« under ay control any weapon or Uleooi «»*»on.

$. I shell avoid persona'or places of disreputable or hareful character, .i7, i 5hall not enter into any aoreeaent to act as "rnforaor" or special agent for any 1»« enforeeaant egoncy without specific written

approval of the Parole Division Director or designee

a. : shell abide by all Specie! conditions ieposod upon aa by the Board.

g. General Provisional

A, i hereby agree to abide by all rules of Parol* supervision hpos»J by Texas ai itho rc=«l»in» state including, but notHalted to, the raaulraaont that t oppeor at any hearings or proceedings concerning sllenod violations of Parolo «<raoulrod by the laxof tho receiving state, any state in which 1 nay be found or the State of Texas. I further agree and

consent that tha receiving state, if I aa under the Interstate CoewoSt for Adult Offender Supervision, or any stotawherein I »*V be found while on Parole or undor Parole Juisdictlon, aey conduct such Hearing's »* 4e«aed necessary, proper

or whieh aay be reguired by lew.

1, [„ the event I aa granted the privilege of residing in and Being under the supervision o' «ny other state or territoryundar tha Interstate Coapact for Adult Offender Supervision pursuant to Texas Govern-out Code. Section S10.07 end/or rulos

enaetod By the Interstate Coaaissloa on Adult Offender Supervision and if for any reason 1 any ba outside of tho stato ofTexas in violation of tha toras ond conditions of parole supervision I horoby agree to waive extradition to tho State of

Texas froa any other stato or territory jurisdiction in or outside of the United states wne.ro t nay be found. 1 futher„„. that' 1 will net in any banner contest e-v effort by the State of Texas, the receiving State or territory or ony

other state or territory jurisdiction ,in or outside the United States, to return pc to the state of TexasC. t sholl pay, during the period ef e.y supervision, any end all outstanding fines, court costs and fees adjudged against ac.

to the eleri; of the court of conviction, and 1 ogree to provide ay Parole Officer with, docuaenteticn verifying peyeent ofsaid aaounts. 1 shell pay e supervision foe for 64ch aonth that 1 e» required-to resort to » Pe"-«i« Officer as instructed

by ay Parole Officer-

0, ip the ovent I aa placed .in or allowed to reside in a halfway house or eoaaunity rcsidentiel facility. I hereby ogroc to

go directly,to and reside in the facility detonated by the Parol* Division until released by the Division. I Shell abldoby the rules of the facility and attend ell roauired Beatings- 1 shall not leoyo the physical confines of the facility

and the property thereof, except for traveling to and froa work, or ti authorired by facility rulos. During ay stay, Ishell pay 21* af ay oross incoec to tho facility if reguired. I Shall leave all Kays to any notor vchlclo that I have! use

of with facility staff when the aotor vehicle is not in use.

c. As reguired by the ae*rd, 1 sholl obtain and tteop in ay possession » Texas De.po,rtpent of Public Safety (DP*) PersonalIdentification Card or Driver's license I shall present said identification to low •nforcoaant or Texas Oepsrtaant of

Oiplnal Justice officials upon reguest,

p. if i aa released to a detainer end deported outside the international Borders of the united States prior to the aaxlaua

expiration date shown en this Release Certificate. I shall not enter the United States unlawfully. In the event thot 1gain lawful entry into the united stokes, I shall report iaaedistely, as instructed to tho office shown on this ReleaseCertificate- If at any tieo prior te the aaxieua expiration date mown on this Rslogsc Certificate said detaining agencyfails te exercise custody, 1 shell iaaediatoly upon releesa (within EC hours) report aa instructed to the office shown on

this Release Certificate.

t

I HERESY CERTIFY thot I fully understand and eoree to be bound by e»eh of the conditions undor which I aa being released. I furtherunderstand and agree thot a violation or refusal to coeply with ony ef tha conditions of supervision soy be sufficient cause for revocation ofsupervisian. I understand that when a warrant or a r-"»ons is issued that tho sentence tiac credit shall be suspended until a detcrainotionis aode in such case and such suspended tiae credit pay be reinstated should supervision be continued. .LJUffltTB&tMUUeyurUUMi iupr.visiOH I bekaih In TUP lEfiAL CUSTODY Of TUP PAROLE pmsI/^./Jj.JOui-Jja'Jl&Jê^^

]jirUiaeW-»l»_Jôj^_jXlyJLsJ^^ .

AMCSO AKD SIGKEC

Date

1 hereby cortify that these roles, regulations t.nd conditions hove been oxploined to the. releasee ond he/she has agreed te abide by the saacupon release,

NOV 3 0 201!

:ify tnet mva mia». rcgujoiions ana c

Parole Division Rr?pr«seritativ^ date

Lias* P<»flO

Au

JUL-27-2012 17:02 From:054508 5124451611 To:94775773 P«9e:9"30


PAROLE DIVISION

Notice of Special Conditions

To TDCJ # SID#

Date printed: 12/01/2011

The Texas Board of Pardons and Paroles has imposed a Special Conditionof your release which states:

The following Special Condition O.01 and all components described below(if any) is/are IMPOSED asauthorized by the Parole Panel.

Unless otherwise provided, Ishall reside in the county in which I resided at the time Icommitted theoffense for which I was sentenced to the Institutional Division, or the county of the offense for which Iwas sentenced to the Institutional Division if I was not a resident of the State of Texas.

Thefollowing SpecialCondition O.03 and all components described below (if any) is/are IMPOSED asauthorized by the Parole Panel.

I shall submit to testing for alcohol or controlled substances.

The following Special Condition O.04 and all components described below (if any) is/are IMPOSED asauthorized by the Parole Panel.

I shall reimburse the State of Texas for the costs of any Post Secondary Education Programs in which Iparticipated while in TDCJ.

The following Special Condition 0.19 andall components described below (if any) is/are IMPOSED asauthorized by the Parole Panel.

I shall participate in anger control training/ counseling.

Thefollowing Special Condition S and all components described below (if any)is/are IMPOSED asauthorized by the Parole Panel.

I shall submit to a substance (alcohol/ narcotics) treatment program, which mayinclude urinalysismonitoring, attendance at scheduled counseling sessions, driving restrictions or any ofthe relatedcomponents as directed by the supervising parole officer:

The following Special Condition SISP and all components described below (if any) is/are IMPOSED asauthorized by the Parole Panel.

I shall complywith Super IntensiveSupervision Program conditions.

I shall be placed and remain on radio frequency electronic monitoring, voice monitoring, or anyother monitoring system utilized bythe Parole Division for the duration of myterm ofsuperintensivesupervision. Ishall comply with all terms and conditions of such monitoring program.Ishall comply with my daily activity schedule as directed anddocumented by my parole officer,twenty-four (24) hours a day, seven (7) days a week.Ishall obtain approval of my parole officer for all travel within the county of residence, andtravel beyond the county ofresidence for any reason shall be requested in advance and must beapproved in writing by my parole officer and his/her supervisor.Ishall actively seek employment and furnish proof ofsuchjobto my parole officer on a weekly

Wormalion contained hs/em may He confidential and piiviegwi and jhjS no] 68 Disclosed 9/cspt 95 sltowsd by law. Page1 <* A3

JUL-27-S01E 17:03 From:054588 5124451611 To:94775773


PAROLE DIVISION


PaseUQ-ê

basis.

Not unlawfully use drugs, narcotics, or controlled substances.Not use intoxicating inhalants.Not consume alcoholic beverages.Not enter an establishment where the primary function is the sale and dispensing of alcoholicbeverages for on-premises consumption.Submit to alcohol use testing.Submit to urinalysis testing.Obey all driving restrictions.Participate in substance abuse (alcohol/ narcotics) treatment program.

OFFENDER INSTRUCTED TO ATTEND SUBSTANCE ABUSE TREATMENT TWICE A WEEK AND PROVIDE WFVERIFICATION.

Participate in anger management or counseling programs.OFFENDER INSTRUCTED TO ATTEND ANGER MANAGEMENT AND COMPLETE PROGRAM SUCESSFULLY.

The following Special Condition V1 and all componentsdescribed below (ifany) is/are IMPOSED asauthorized by the Parole Panel.

I shall not communicate directly or indirectly with the victim; go to or near the residence, place ofemployment, or business of the victim; or go to or near a school, day-care facility, or similar facilitywhere a dependent child of the victim is in attendance.

Thefollowing Special Condition V2 and all components described below (if any) is/are IMPOSED asauthorized by the Parole Panel.

I shall not intentionally or knowingly communicate directly or indirectly with a victim of the offense(s)for which Iwas sentenced to the Institutional Division; not intentionally or knowinglycommunicate orcause communication in person, bytelephone, correspondence, video or audio device, third person, media,or by any electronic means withthe victim, a guardian of the victim, or a close relative of the deceasedvictim of the offense(s) forwhich Iwas sentenced to the Institutional Division; not intentionally orknowingly go near a residence, school, place ofemployment or a business of the victim of the offense(s)for which I was sentenced to the Institutional Division; not intentionally or knowingly go to or near aschool,day-care facility, or simtiiar facility where a dependent child of the victim of the offense(s)for which I was sentenced to the Institutional Division is in attendance.

Acknowledgment;I,MHHHHeMHMHMHHM*.understand that the above noted Special Condition(s) becomes effectiveimmediately and is to be complied with in addition to my current Conditions (Rules) of Release. Iacknowledge a full understanding of the above noted Special Condition(s) of Release.

Wff M, understand and agree to abide by the above components of special conditionsO.01,0.03,0.04,0.19,S,SISP,V1,V2 as imposed or modified by my parole officerand as authorized by aparole panel. I further understand that even if f refuse to sign this form, these components are stillin effect.

Information, contained herein may be oonficenfcal gnd fmvEe^jed and snati not oe disclosed except ps allowedby law. Page 2 of 3

JUL-27-2012 17:03 From:054508 >124451611 To: 94775773


PAROLE DIVISION


Date

n- iDate

IL

CurrentDischargeDate: If 08/28/2018

Information contained herein may haooiiMeMial andptwi-'eged andshall notbedisclosed excspi aeallowed &y law. Page 3 of 3

Page:11'30

A<

JUL-27-2012 17:03 From:054508 5124451611 To-.34775773 Pa9e:12-'30

4.

5.

6.

7,

Cenernl Conditions of GPS

Iunderstand that Iam responsible for ensuring that electrical and phone service is continuously StainedI in mySnce or the residence of the householder with whom !am redding during the period Iam monKo ed onGPS. FuriheLre, Iunderstand that failure to maintain electrical and/or analog telephone serv.ee willconstitute a violation of the terms ofmy release.

Iunderstand that Imresponsible for ensuring that the current analog telephone J^^X^Xi*!optional telephone feature-: such as digital phone service, call forwarding, call waiting, calls ID, call notes,vtSK^fl block, and Ishall not install the internet, acordless phone or answenng machmeto the analog telephone line used during (he duration of my GPS monitoring,

Th, ln,< of receivinc sisnsl or the receipt ofatamper signal by the monitoring device shall constitute aviolationU Siec,T^SSE"! 'further understand that computer printouts) may be used a* evidence ,n acourt oflaw oradministrative hearing to prove said viokition(s).

.understand that theft or destruction of the GPS equipment (i.e., MTD, bracelet, base unit) may result inprosecution,

2 £££K1'.,«P«-,iv. rfe. he* DM*,. S«=h «» e-y b. random „„<!« any m..

live in and does not include the porch, yard, garage, or any other area beyond tne front or brf* door of theresidence,

Iunderstand tha. 1n« ^ - home confinement tw.nty.four hours per^.^^^^written approval by my supervising officer to leave the residence. Home confinement is aperiodwhich I am not authorized to leave my residence.

9 ,understand that, will no. enter areas tha. are defined as exclusion .ones (i.e., child safety zones, residence of thevictim of my instant offense) as documented by my supervising officer.

10 Iunderstand that Iwill immediately respond to all messages tha. are sent to me via my MTP or WMTD.

or any attempts to tamper with my GPS equipment will constitute aviolation.

MultinleTieee GPS Device

vehicle, 1will either unblock the MTD or exit the vehicle to acqu.re OPS,

ZSX:'?%%% ™eU3£.TE£- *—b, m. ops ***.„ tu„ um rmnni be roveitsd bv meta containers, lockers, trunics, en. t>i »w™i - •>S;SEtote bStÂny carrying case must be pre-approved by my supcrvismg parole

officer.

,5,understand «bat aMTD base unit will be placed in my res.dcnc, horn."^2^*ffi?£5?"ofTDCJ. Officials must be allowed to enter my residence to install, maintain, inspect

/W

JUL-27-2012 17:04 From:054508 5124451611 To:94775773 Pa9e:13'30

base unit.

16. Junderstand that Iwill immediately place my MTD in the base unit upon my arrival at my «**** Iunderstandthat Iwill leave the MTD in the base uni. until my next scheduled departure as documented on my daily

17

II

schedule.

Omp Piece GPS Device

undeistand thai Iwill be monitored by atamper proof, non-removablc ankle GPS device WMTD. 1will berequired (o wear (he device 24 hours aday. 7days aweek. Iunderstand that my location will be monitoredby this GPS device.

understand that Iwill immediately connect my WMTD to the Department approved charging device upon myTr^rJtmyrSce Iunderstand that Iwill charge the WMTD for aminimum of2hours every day oruntil WTMD is fully charged (power LED is green).

19 )understand that in the event my WMTD vibrates and the GPS LED (Middle Light) is Dashing red. ImilI proceedto the"neSst exit of the building and go outside but no more than 20 feet from the exit. Iunderstand that ,flam traveling in avehicle, Iwill exit the vehicle to acquire GVS.

Iunderstand and agree to abide by the above conditions and Ifurther understand that even ifIrefuse to signSSrlks are still meffect. Ihereby certify that these terms and conditions have been read andexplained to me, and that Tfi .HY understand these terms^njcandltiomj. ^

V

Offender's ~ PrinWd NameJ

n-f'H

Angelic Phillips .Parole Officer's Printed name

JUL-2T-201S 17:04 From:054508 51E4451611 To:94775773


PAROLE DIVISION

Report Date: 07/02/2012

OFFENDER INFORMATION

Name

TDCJ#/P!A# SICW

Legal county of residenceHARRIS

PRESENT OFFENSES

Violation Report

VR Number; 10562620

FBI#659598PA9

oos#

Pase:14'30

[Offense Date ID Offense Description gntence Conviction County

13/31/199103/3

P2/2

ROBBERY 20Y0M0D BRAZORIA

2/1991 ROBBERY 10Y0M0D KARRIS

GENERAL INFORMATION

Report TypeViolation

Absconder

NO

Case TypeTexas

Caseload CategorySuper-intensive supervision

Supervision LevelSI-4

Number of Warrants

1

Release date

11/30/2011

Maximum expiration date08/28/201 ft

Offender Status

Pre-Revocation - In Custody

(NVfcST.GATIVE CONTACTS

Last home contact

06/15/2012

Last face-to-face contact

07/10/2012

Attempted home contact05/20/2012

Law enforcement contact

05/24/2012

ALLEGATION^) ,

The offender was read and explained each of the rules and conditions of release on 12/01/2011

information contained h«rqbi mayto oonfidenttaJ andprivileged *ndshaU not b?di^dtos^d except as a.!c**d Dy l*w. P*g« 1 of 7

JUL-27-2012 17:05 From:054508 5124451611 To-.94775773


PAROLE DIVISION

Violation Report

Name

Report Date:SID#

VR Number:

TDCJ#<

1056262097/02/2012

Rule 8 SISP

On or About or Since

07/06/2012

At or about

Austin I District Parole Office

ComponentComply with a daily activity schedule.

Complainant/Adjudipation/OtherFailure to comply with my DailyActivity Schedule. Parole Officer Barbara Griego.

SummaryOn December 1, 2011, while at the Austin I District Parole Office, Parole Officer AngelicPhillips instructed offender^QHHBft.to abide by hisdaily scheduleas directed anddocumented by his Parole Officer twenty four (24) hours per day, seven (7) days per week.

On July 6, 2012, the offender^feHHMM failed to comply with his Daily ActivitySchedule by not reporting to his Parole Officer at 2:00pm as instructed and documented onhis daily activity schedule.

Rule 8 SISP


07/06/2012

ComponentComplywitha dailyactivity schedule.

Complainant/Adjudication/OtherFailure to comply a Super Intensive Supervision Program by traveling to a location thatwas not listed on my approved Daily Activity Schedule. Parole Officer Barbara Griego.

SummaryOn December 1, 2011, while at the Austin I DistrictParole Office, Parole OfficerAngelicPhillips instructed offenderJSMMmpfcto abide by his daily schedule as directed anddocumented by his Parole Officer twenty four (24) hours per day, seven (7) days per week.

On July 6. 2012, the offenderMMBBP* failed to comply with his Daily ActivitySchedule by traveling to an unapproved work location at the address of 1431 White StoneBlvd, Cedar Park, Texas. The offender was not given verbal or written permission todeviate from his schedule.

At or about

1431 White Stone Blvd, Cedar Park, Travis County, TX

Inlormssj" oontsini-id nw&nrajy bs con1id«n!lal and prMeflad and shall not bs disclosed oxMMM 3H0*odby bw. Pags 2 oi

Page:IS'30

2-

JUL-27-2012 17:05 Frorn:054508 5124451611 To: 94775773 Pa9e:16'30

Name

Report Date:

Rule 8 SISP


PAROLE DIVISION

Violation Report

07/02/2012

SID#

VR Number:

TDCJ#

10562620


07/05/2012

ComponentComply with a daily activityschedule.

Complainant/Adjudication/OtherFailure to comply a Super Intensive Supervision Program by traveling to a location thatwas not listed on my approved Daily Activity Schedule. Parole OfficerBarbara Griego.

SummaryOn December 1, 2011, whileat the Austin I District Parole Office, Parole Officer AngelicPhillips instructed offender^|BMBBto abide by his daily schedule as directed anddocumented by his Parole Officertwenty four (24) hours per day, seven (7) days per week.

On July 5, 2012, the offender HMBB failed to comply with his Daily ActivitySchedule by traveling to an unapproved work location at the address of 1431 White StoneBlvd. Cedar Park, Texas. The offender was not given verbal or written permission todeviate from his schedule.

At or about

1431 White Stone Blvd, Cedar Park, Travis County, TX

RuleS SISP


06/27/2012 i


At or about

South Mopac Expressway &West Slaughter Lane, Austin, Travis County, Texas

Complainant/Adjudication/OtherFailure to comply a Super Intensive Supervision Program by traveling to a location thatwas not listed on my approved Daily Activity Schedule. Parole Officer Barbara Griego.

SummaryOn December 1, 2011, while at the Austin I DistrictParole Office, Parole OfficerAngelicPhillips instructed offender Michael Ryan to abide by his daily schedule as directed anddocumented by his Parole Officer twenty four (24) hours per day, seven (7) days per week.

On June 27, 2012, the offender Michael Ryan failed to comply with his DailyActivitySchedule by traveling to an unapproved location from approximately 12:00pm to 12:08pm atthe intersection of South Mopac Expressway &West Slaughter Lane, Austin, Texas. Theoffender was not given verbal or written permission to deviate from his schedule.

information contained henstfi may be confidential ana privaagsdand shall notbo disclosed except as allowedby few. Pags3 of

t> h

JUL-27-2012 17:05 From:054508 5124451611 To:94775773

Name

Report Date:

Rule 8 SISP


PAROLE DIVISION

Violation Report

07/02/2012

SID#VR Number:

TDCJJf

10562620

Pa9e:17--3e


06/26/2012

At or about

South MopacExpressway &West Slaughter Lane, Austin, Travis County, Texas


Complainant/Adjudication/OtherFailure to comply a Super Intensive Supervision Program bytraveling to a location thatwas not listed on my approved Daily Activity Schedule. Parole Officer Barbara Griego.

SummaryOn December 1. 2011, while at the Austin I District Parole Office, Parole OfficerAngelicPhillips instructed offender CMMNHMI to abide by his daily schedule as directed anddocumented byhis Parole Officerjwentyfour (24) hours perday, seven (7) days per week.

On June 26, 2012, the offender ••••••» failed to complywith his Daily ActivitySchedule by traveling to an unapproved location from approximately 12:02pm to 12:14pm atthe intersection of South Mopac Expressway &West Slaughter Lane, Austin, Texas. Theoffender was notgiven verbal or written permission to deviate from his schedule.

Rule 8 SISP

On or About or Since06/22/2012

ComponentComply with a daily afctivity schedule.

At or aboutSouth Mopac Expressway &West Slaughter Lane, Austin, Travis County, Texas

Complainant/Adjudication/OtherFailure to comply a Super Intensive Supervision Program by traveling to a location thatwas not listedon my approved Daily Activity Schedule. Parole Officer Barbara Griego.

SummaryOn December 1,2011, while at the Austin I District Parole Office, Parole Officer AngelicPhillips instructed offenderMMH to abide by his dailyschedule as directed anddocumented by his Parole Officer twentyfour (24) hours per day, seven (7) days per week.

On June 22. 2012, the offender4HBHMI fai'ed to comply with his Daily ActivitySchedule by traveling to an unapproved locationfrom approximately 11:39am to 11:46am atthe intersection of South Mopac Expressway &West Slaughter Lane, Austin, Texas. Theoffender was not given verbal or writtenpermission to deviate from his schedule.

Information containedhereinmay bg conMsniialmidprivileged and sn»»not. bodljdosad sxcool as allowed by«w. Pag.» 4 of 7

fc

JUL-27-2012 17:06 From:054508 5124451611 To=94775773 Pa«.e:18/30

Name

Report Date:

Rule a SISP


PAROLE DIVISION

Violation Report

07/02/2012

SID ft

VR Number:

TDCJ#

10562620


06/21/2012

At or about

South Mopac Expressway &West SlaughterLane, Austin, Travis County, Texas


i

Complainant/Adjudication/OtherFailure to comply a Super Intensive Supervision Program by travelingto a location thatwas not listed on my approved Daily Activity Schedule. Parole Officer Barbara Griego.

SummaryOn December 1, 2011, while at the Austin I District Parole Office, Parole OfficerAngelicPhillips instructed offender MMHIlo abide by his dailyschedule as directed anddocumented by his Parole Officer twentyfour (24) hours per day, seven (7)days per week.

On June 21, 2012, the offender tKKKKtgfk failed to comply with his Daily ActivitySchedule by traveling to an unapproved location from approximately 11:54am to 12;03pm atthe intersection of South Mopac Expressway &West Slaughter Lane, Austin, Texas. Theoffender was not given verbal or written permission to deviate from his schedule.

Rule 8 SISP


06/20/2012

Component

Complywitha dailyactivity schedule.

At or about

South Mopac Expressway &West Slaughter Lane, Austin, Travis County, Texas

Complainant/Adjudication/OtherFailure to comply a Super Intensive Supervision Program by traveling to a location thatwas not listed on my approved Daily Activity Schedule, Parole Officer Barbara Griego.

SummaryOn December 1, 2011, while at the Austin I District Parole Office, Parole Officer AngelicPhillips instructed offenderflMMHfcto abide by his daily scheduleas directed anddocumented by his Parole Officer twenty four (24) hours per day, seven (7) days per week.

On June 20, 2012, the offender>^|H»failed to complywith his Daily ActivitySchedule by traveling to an unapproved location from approximately 12:01pm to 12:20pm atthe intersection of South Mopac Expressway &West Slaughter Lane, Austin,Texas. Theoffender was not given verbal or written permission to deviate from his schedule.

tnformaCon contained n«n?in may tie confidential and privilegedand jhall not be disclosed (rncaptas altowedby law. Pac* 5 of 7

B-r

JUL-27-2012 17:06 From:05450B 5124451611 To:94775773 P«9e:19^30

Name

Report Date:


PAROLE DIVISION

Violation Report

07/02/20125ID#VR Number:

TDCJff

10562620

ARREST INFORMATION

In CustodyYES

Bond Posted?NO

Arresting AgenciesSO TRAVIS CO

Bond Amount

$ 0.00

Current Facility CustodyTEXAS COUNTY JAIL - TRAVISCOUNTY

3614 BILL PRICE RD.

DEL VALLE.TX 78617

Facility ORI Number

PREVIOUS INTERVENTIONS - From OJMS

VRDate : Number Rule # ntervention

i04/22/2012 10515306 8 ase Conference

03/14/2012 10487273 8 ase Conference01/12/2012 10445254 8 Case Conference

PREVIOUS INTERVENTIONS - From Legacy

message =»•> no previous intervention records from legacy.

PREVIOUS ISF/5AFP BOARD ACTIONS . From Legacy

RECOMMENDED ACTIONS

OFFICER RECOMMENDATION

P01

BARBARA GRIEGO,

Recommendation

Issue Warrant

Interventions

Recommendation Date07/02/2012

Comments

Offender deviated from his schedule five times in the last two weeks, every day at lunchtime. PO has utilized graduated sanctions on the offender. Offender is SISP. POrecommending warrant be issued. Offender is a threat to publicsafety when disregardinghis rules of parole supervision.

formation containecf bweto maytoewnnoentfe!and privileged end shellnot be <Ssd<»pd «xc60taa allowed fryfew. P98»6 Of 7

fr

JUL-27-E01E 17:06 From:054508 5124451611 To: 94775773

Name

Report Date:


PAROLE DIVISION

Violation Report

07/02/2012

SID#

VR Number:

TDCJ # i

10562620

BARBARA GRIEG®, do hereby certify that the above information is true and correct to the best of myfledge

Parole Officer Signature

UNIT SUPERVISOR RECOMMENDATION

Date

P03

AMANDA GAGE,

Recommendation «Issue Warrant

Intervention*

Recommendation Date

07/02/2012

Comments

Offender Ryan is on the SISP caseload. Thisis the offender's fourth violation in the pastyee

ature 0Unit Supervisor Signature Date

PflRQLfc-; DIVISION ACTION

Decision

Issue Warrant

Decision byPERKtNS,SHARON

Warrant*

07022012-04645222

i

Comments

Decision Date

07/02/2012

Date/Time Warrant Published

07/02/2012 04:46:58 pm

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Pa9e:£0/3B

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