compassionate release

Compassionate release is a process by which inmates in criminal justice systems may be eligible for immediate early release on grounds of "particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing".

General Rules

·The governor may grant a reprieve upon the written recommendation of a majority of the board as authorized by the Texas Constitution, Article IV, 11.

·A reprieve is not recommended as a matter of right and each request will be judged on the merits of the case and the security risk involved.

·Except at the request of the governor, the board will consider only such requests for reprieves as meet the general and specific criteria set out in these sections.

·The board will not consider a written application for reprieve from a TDCJ-CID sentence which involves travel outside the State of Texas.

·board will not consider a written application for reprieve from a TDCJ-CID sentence requested for business reasons.

·The board may recommend a reprieve either in custody of a peace officer or without custody.

·The board will not recommend a reprieve without custody if the offender has a detainer filed against his release.

·Except as otherwise specified in these sections, a board recommendation for a reprieve shall be for a specified time, including a beginning and ending date.

·Upon expiration of the specified time of the reprieve, a person granted a reprieve that remains at large, is subject to arrest without further action of the board or the governor.

·The board will consider a written request for an extension of a reprieve only if the request meets the requirements for the original reprieve. (k) If at any time the board is made aware that the conditions of a reprieve have been violated, the board may recommend to the governor the revocation of such reprieve.

Reprieve for Family Emergency

·The board will consider a written application for reprieve for a family emergency only in cases of critical illness or death of a member of the offender's immediate family.

·The immediate family includes only the parents, spouse, and children of the offender, and a person other than a parent who assumed the responsibilities and acted as the parent of the offender during his/her childhood.

·Prior to consideration of the application for reprieve for family emergency, the board may require written:

·verification of the critical illness by the attending physician; or

·verification of the death and of the time and place of the funeral, by the mortician; and

·proof of the parent-child relationship if the request is for the illness or death of a person, not a parent, who acted as the offender's parent during his/her childhood.

·A board recommendation for reprieve in the continuous custody of a peace officer is contingent upon a verified arrangement by the offender's family to secure and pay the expense of a peace officer to guard the inmate.