Mandatory Lead Voter Interview

Two decades is a long time to spend in prison. The Texas Board of Pardons and Paroles knows this and has issued a directive entitling some inmates to a mandatory lead voter interview. At first glance, this directive may not seem like anything unusual. But it is one of only a few Board requirements that is not discretionary. In this post, we dissect the nuts and bolts of BPP-DIR 141.355. In particular, we discuss the directive’s eligibility requirements and what the directive requires of the Board.

Eligibility Requirements

General Requirements

BPP-DIR 141.355 allows long-staying inmates to present information, provide documents, and make statements in a mandatory lead voter interview. To qualify for an interview, inmates must have been sentenced to TDCJ and been in continuous custody for a minimum amount of time. However, there are two different time requirements, depending on the offense severity:

For parole purposes, the essential difference between an HB 1914 and a non-HB 1914 offense is that those incarcerated for an HB 1914 offense are subject to Extraordinary Vote policies. In a nutshell, an Extraordinary Vote is one where all seven members of the Texas Parole Board vote on whether to grant parole as opposed to the typical three-person panel used in non-HB 1914 cases. For more information, check out our Extraordinary Vote Policies Blog.

To meet this directive’s definition of “continuous custody” an inmate cannot have previously been released on parole during the relevant period. Furthermore, to be eligible for an interview under this directive, this must either be the inmate’s first parole review, or a voting member must not have interviewed the inmate during the inmate’s last two parole reviews.  

In summary, to be eligible under this directive, an inmate must:

• Have been serving a continuous sentence for 20 years if a non-Extraordinary Vote inmate,
  • or for 30 years, if an Extraordinary Vote inmate,
• Without being released on parole during that period, and
• This must be the inmate’s first parole review, or
  • a voting member cannot have interviewed the inmate during the last two parole reviews.

Eligibility Exceptions

An inmate meeting this directive’s requirements is not entitled to a mandatory lead voter interview under this directive if the inmate is:

• In disciplinary status.
• Housed in administrative segregation and determined by TDCJ CID staff to be violent or dangerous.
• In a unit that has been locked down for 15 or more days.
• Incarcerated in a Federal Correction Institution.

Board Requirements

Scheduling

If an inmate meets the directive’s requirements and is not subject to any exceptions, the lead voter must schedule an in-person interview with the inmate. However, if the inmate is more than 100 miles from the lead voter’s designated headquarters, the lead voter may schedule a video conference instead of an in-person interview. Additionally, the lead voter may decide the specific timing and duration of the interview.

The Lead Voter

The directive requires that the lead voter conduct the interview. But the status of that lead voter depends on whether the inmate is subject to an Extraordinary Vote. If the inmate is subject to an Extraordinary Vote, then the lead voter must be a Board Member. Conversely, if the inmate is not subject to an extraordinary vote, the lead voter may be either a Board Member or a Parole Commissioner.

Effect of a Recusal

Sometimes a lead voter will withdraw from a case before voting. In such cases, a replacement lead voter is designated. If a recusal happens after an interview, the replacement lead voter will conduct a new interview.

Recording Requirements

The lead voter must record in the inmate’s file any documents provided by the inmate and must record the interview in the inmate’s minute sheet. If a lead voter documented an interview on the minute sheet before a recusal, the new lead voter will document the new interview on the minute sheet.

Subsequent Interviews

If the panel denies parole, non-Extraordinary Vote inmates are entitled to a subsequent interview. This interview takes place five or more years after the initial interview and before the panel votes again. Extraordinary Vote inmates who are denied parole are also entitled to a subsequent interview. However, Extraordinary Vote inmates are not eligible for interviews until at least ten years after the initial interview.

Summary of Board Requirements Under BPP-DIR. 141.355

• The lead voter must schedule an in-person interview unless the inmate is more than 100 miles away from the lead voter.
  • The timing and duration of this interview are at the lead voter’s discretion.
• If the inmate is subject to an Extraordinary Vote, the lead voter will be a Board Member. Otherwise, the lead voter may be a Board Member or a Parole Commissioner.
• If a lead voter recuses themself after conducting the interview, the replacement lead voter will conduct a new interview.
• The lead voter records the interview and any documents received from the inmate in the inmate’s file.
  • The replacement lead voter will document the new interview in the event of recusal.
• If the panel denies parole, the inmate is entitled to a subsequent interview.
  • This interview takes place after at least five or ten years, depending on whether the inmate is subject to an Extraordinary Vote.

Contact Us

Please contact us if you believe your loved one may be entitled to a mandatory lead voter interview under this directive. While this directive is narrow in scope, our attorneys have experience in a variety of parole hearing situations, and we are passionate about ensuring our client’s parole rights are honored.