T - Voice For The Defense Online

Mr. Gedd GarreltChair, Texas Board of Pardons znd Paroles209 \Vest 14@St., Suite 500Austin, Tem 78701Ms. Lima McElroyGe~~eral Counsel, Texas Board of Pardons md Paroles209 West 14Ih St., Suite 500Austin, Texas 78701Rh': ISFPlncetnerrtDear Chdrman G~Wett, Board Men~bers md Gcneld Co~uisel:The receut pmctice rega~diag ISF place~nents in the absence of revacationhcatb~gs has generwd nmny discossions. Board menlbers are divided mdco~flicted over this issue md ihc Board 11s recently been tl~rcatened withlegal action.I run notconflicted on thisissue. Ifeel lhat that the Board's piactice regardingtltis matter is n ~t~x~y to Ian! I dso believe that the thrat of w a lawsuitprior to any lntim~al discussion of the issue is not m effective way to b~hgahout change. What I believe has bee11 lacking on both sides is a thorouglland cogellt em~ination of the la\\,. I hwe tried to set forth belo the va~iot~sbtutoxypmdsions, Board poliy slatcments md Diriston dieclivesdealing with this in an effort to focus us on he language of the hnr. It is inthe language of the law that nre will hd nhether the Board's actions areauthorized or ill conceived.Exaiin~ngwrioustatutes and cecomiling language ill order to pmduce aconsiste~n inte~yretatton is a veq difllcutt task In fact, there are sututesthat spccScaJly deal wit11 th and they are co~~lainedtl~c CodeCo~~st~~~ction Act The geneml premise of the act is that wvl~es dmhg withvarious code provisioiis or sections, the specfic co~~trols ovcc the gei~e~'al.In other words, if tliere are two sm~tes or sections of astatute that dealwthtl~esameissues, the languzge in the~n~orc speci6cprovisiou will control theintcrpreutiou of the mole genet% statute. TI& sl~ould be kept in mind aswe esahuie the foUowing legisldion.Tl~e Board's stafi~to~y aullwrity is contained UI Section 508, TewsGowwntenf Code. The gencralpawen and ddues of the Board are bundin 508.044 and luclude the autl~nrity to in~pose conditions of release.There are n~andldnto~y conditiou that are to bc imposed G08.181-508191) md discretio~~ary canditio~ls that may be imposed W.78221-508,225). The Bontd is st%h~to~lly authori.led in 508221 to in~pose anycondition of supelvision that n court may impose under Article42.12, Taws Code of CrinlinfllPmcednre.There are huited statuto~y provisions in Section 5Os that speak directlyand specifically to the Wrd's authority to modify conditions d snpenision.For instance:The Board may parole a releasee to a Co~n~~ttntity ResidentialPncilffy or lhey may rquife him to be placed in such a facility as il sawtion Section 508.219, Terns Gouem~nent Code slates that:The purpose of a commnity reside~~tial facilityis to provideIlousing, sopclvisiou, counseling, pc~so~~d, social aud workadjustn~ent tcxhhg, and other progtm~s to:~eleasces who are repired by a p~role pmel as a co~~clitionof t'elmre on palole or to mmdnto~y supenision to sem apied in a con~m~mityresulentid facility; andlelcasees wlwse parole or n~andatoty supelvision hs beenwntinued or niodilled under Section 508.283 and on whomsanctions have beer1 imposed imder dmt sectionThe kgislah~re has, by calving out hvo methods for this type of plmruent,32 VOIB FOR THE OEFENSE \IYVVW-TCDlA.COM SEP1EMBER 2001