Texas Department of Criminal Justice Reentry and Integration

Texas Department of Criminal Justice Reentry and Integration Division Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI) Medically Recommended Intensive Supervision (MRIS) FY 10 Annual Report

Medically Recommended Intensive Supervision (MRIS) provides for the early parole review and release of certain categories of offenders who are mentally ill, mentally retarded, elderly, terminally ill, long term care or physically handicapped. The purpose of MRIS is to release offenders, who pose minimal public safety risk, from incarceration to more cost effective alternatives. Legislative Updates (Effective September 1, 2007) • As the result of HB 1670, offenders with a reportable conviction or adjudication under Chapter 62, Code of Criminal Procedure, were previously ineligible for MRIS consideration. During the 80 th Legislative Session, HB 2611 was passed allowing MRIS consideration for such offenders if “in a persistent vegetative state or being a person with an organic brain syndrome with significant to total mobility impairment”. • HB 431, also enacted during the 80 th Legislative Session, allows MRIS consideration for defendants convicted of a state jail felony. 1

MRIS Data Comparison (by fiscal year) There were a total of 102 MRIS approvals during FY 10. Of those, 80 were CID offenders approved by the Texas Board of Pardons and Paroles. The remaining 22 were State Jail confinees approved by sentencing Judges. **Includes ineligible referrals with no qualifying medical condition 2

MRIS Offender Data MRIS Referrals 1443* Individual Offenders Referred Presentations for MRIS consideration Individual Offenders Presented 1050 457** 405 * Includes multiple referrals for 263 “individual” offenders ** Includes multiple presentations for 46 “individual” offenders to Board/Judge for MRIS consideration 3

MRIS FY 10 Referral Status ELIGIBLE REFERRALS INELIGIBLE REFERRALS Presented to Board/Judge for consideration Clinical Criteria Not Met 362* 556 Pending response from unit medical provider at close of FY 10 12 Sex Offender; Not Persistent Vegetative State or Organic Brain Syndrome 254 Offender referred to unit medical provider 94 Deceased prior to presentation for MRIS consideration 59 Pending Presentation to Board/Judge at close of FY 10 16 Active Detainer / Not Legal US Citizen 10 Refused MRIS / Discharged Sentence 4 Total Eligible Parole Approved 48 3 G / Not Long Term Care or Terminal Illness 13 Not an Offender (SAFPF / ISF) 7 Pending Discharge 7 Death Row 1 1367 Total Ineligible 76 Total Referrals - 1443** * Includes multiple presentations for 46 “individual” offenders to Board/Judge for MRIS consideration ** Includes multiple referrals for 263 “individual” offenders Note: Clinical Criteria Not Met may include offenders who were previously presented and denied MRIS with next review indicating no change in offender’s 4 condition.

Unit Direct % of Total Referrals 40% 44% * Includes multiple referrals for 263 “individual” offenders 5 30% 44%

MRIS Referrals for FY 10 Approved by Source * A total of 102 offenders were approved during FY 10. Of those, 101 of those cases were referred and presented for consideration during FY 10 and one was pending decision from presentation in FY 09. . 6

MRIS FY 10 Presented for MRIS Consideration by Diagnosis * Includes multiple presentations for 46 “individual” offenders to Board/Judge for MRIS consideration 7

MRIS Approval Rates by Diagnosis (Comparison by fiscal year) There were a total of 102 MRIS approvals during FY 10. Of those, 80 were CID offenders approved by the Texas Board of Pardons and Paroles. The remaining 22 were State Jail Confinees approved by sentencing Judges. 8

Status of FY 10 Presentations A total of 102 offenders were approved during FY 10. Of those, 101 of those cases were referred and presented for consideration during FY 10 and one was pending decision from presentation in FY 09. The following reflects the status of all cases presented for vote during FY 10 TOTALS Presented FY 10: 457* CID State Jail 431 26 21 Approved 101 80 Consideration denied 317 Denied MRIS 28 23 Deceased pending decision 8 8 MRIS cancelled due to improvement in condition 2 2 Pending decision at close of FY 10 1 1 * Includes multiple presentations of 46 “individual” offenders to Board/Judge for MRIS consideration Reflects status of approved cases as of 08/31/2010 9 5

Status of FY 10 Approved Cases A total of 102 offenders were approved during FY 10. Of those, 101 of those cases were referred and presented for consideration during FY 10 and one was pending decision from presentation in FY 09. FY 10 TOTALS Approved 102 CID State Jail 80 22 v. Released 69 50 19 v. Deceased pending release 17 16 1 v. Vote withdrawn 6 5 1 v. Pending release at close of FY 10 5 5 v. Deceased in voting process on day of approval 3 3 v. Received regular parole vote same day and released to regular caseload 1 1 v. Refused MRIS 1 Reflects status of approved cases as of 08/31/2010 10 1

FY 10 Offender Deaths During FY 10 a total of 421 offender deaths were reported to TCOOMMI by TDCJ Health Services Division. This number includes offenders who were not eligible for MRIS (i. e. , death row, ISF, SAFPF), those who died as the result of suicide, unit incident, sudden death (i. e. , cardiac arrest), etc. Of those reported offenders, 211 had been referred for MRIS one or more times during their incarceration. Of those, 159 received referrals during FY 10. The following reflects status of the FY 10 referrals. Sex Offender – Did not meet criteria as set for by House Bill 2611 44 Deceased after receipt of MRIS medical summary and during processing of case for presentation to Board of Pardons and Paroles / Presiding Judge 31 MRIS Approved – Deceased pending release 15 Deceased within 48 hours of receipt of MRIS medical summary 15 Not eligible (Parole Approved / Pending Discharge / ISF / SAFPF) 13 Deceased after referral – prior to receipt of MRIS medical summary 12 MRIS Consideration Denied / Denied MRIS 11 No significant change in condition since prior denial – Not presented for vote 7 Deceased pending decision 6 Deceased in voting process on day of Approval 2 Medical Summary indicated Clinical Criteria Not Met 2 Deceased pending disposition of ICE detainer 1 11

Current Status of Offenders Released on MRIS Since the program’s inception on December 1, 1991, 1356 offenders have been released, seven of whom have released twice for a total of 1363 actual releases. The following chart depicts current status of each offender released. 12