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 13 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 Enabling September Legislation 1, 2007) • • • Government Code of 508. 146, Medically Recommended Supervision, enables TCOOMMI, in cooperation with As the result HB 1670, offenders with. Intensive a reportable conviction or adjudication under Correctional Managed Health Care, to identify offenders who may be eligible for early parole review due to a medical Chapter 62, Board Code of Criminal were previously ineligible for a MRIS condition. If the of Pardons and Paroles Procedure, then determines that based on the offender’s condition and medical th evaluation, the offender does not constitute a threat to public safety, the offender is released to a medically suitable consideration. During the 80 Legislative Session, HB 2611 was passed allowing placement and appropriate supervision. MRIS consideration for such offenders if “in a persistent vegetative state or being a person with an 1670, organic syndrome with significant total mobility impairment”. As the result of HB enactedbrain during the 78 th Legislative Session, offendersto 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 withthe significant to total mobility impairment”. HB 431, also enacted during 80 th Legislative Session, allows MRIS consideration for defendants convictedthof a state jail felony. HB 431, also enacted during the 80 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 69 MRIS approvals during FY 13. Of those, 59 were CID offenders approved by the Texas Board of Pardons and Paroles. The remaining 10 were State Jail confinees approved by sentencing Judges. **Includes ineligible referrals with no qualifying medical condition 2

MRIS Offender Data MRIS Referrals 1362* Individual Offenders Referred Presentations for MRIS consideration Individual Offenders Presented 1000 359** 288 * Includes multiple referrals for 237 “individual” offenders ** Of the 359 presentations, 345 were presented to the Board and 14 were presented to a Judge; This also includes multiple presentations for 42 “individual” offenders to the Board for MRIS consideration 3

MRIS FY 13 Referral Status ELIGIBLE REFERRALS INELIGIBLE REFERRALS Presented to Board/Judge for consideration* 333 Sex Offender; HB 2611 criteria not met 229 Clinical Criteria Not Met 477 3 G / Not Long Term Care or Terminally Ill 116 Offender referred to unit medical provider 46 Parole Approved Deceased prior to presentation for MRIS consideration 53 SAFPF / ISF Offender 2 Pending Presentation to Board/Judge at close of FY 13 11 Pending Discharge 5 Not Legal US Citizen 4 Active ICE Detainer 2 Pending response from unit medical provider at close of FY 13 Offender refused MRIS Total Eligible 61 20 3 945 Total Ineligible 417 Total Referrals - 1362** * Of the 333 presentations, 319 were presented to the Board and 14 were presented to a Judge; This also includes multiple presentations for 42 “individual” offenders to the Board for MRIS consideration ** Includes multiple referrals for 237 “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 condition. 4

MRIS Referral Sources (Comparison by fiscal year) Unit Direct % of Total Referrals 44% 42% * Includes multiple referrals for 237 “individual” offenders 5 40% 39%

MRIS Referrals for FY 13 Approved by Source * A total of 69 offenders were approved during FY 13. Of those, 69 of those cases were presented for consideration during FY 13 and 0 were pending decision from presentation in FY 12. . 6

MRIS FY 13 Presented for MRIS Consideration by Diagnosis *Includes presentations for 288 “individual” offenders to the Board (274)/Judge (14) for MRIS consideration. Of those, 42 had multiple presentations to the Board. 7

MRIS Approvals by Diagnosis (Comparison by fiscal year) There were a total of 69 MRIS approvals during FY 13. Of those 59 were CID offenders approved by the Texas Board of Pardons and Paroles. The remaining 10 were State Jail Confinees approved by sentencing Judges. 8

Status of FY 13 Presentations A total of 359 cases were presented for MRIS consideration during FY 13. Of those, 333 were referred in FY 13 and 26 were FY 12 referrals pending presentation. The following reflects the status of all cases presented for vote during FY 13 TOTALS Presented FY 13: 359* CID State Jail 345 14 Approved 69 59 10 Consideration denied 268 0 Denied MRIS 15 12 3 Deceased pending decision 3 2 1 Pending decision at close of FY 13 4 4 0 *Includes presentations for 288 “individual” offenders to Board (274)/Judge (14) for MRIS consideration. Of those, 42 had multiple presentations to the Board 9

Status of FY 13 Approved Cases A total of 69 offenders were approved during FY 13. All 69 cases were presented for consideration during FY 13 TOTALS Approved 69 CID State Jail 59 10 v. Released 39 31 8 v. Deceased pending release 24 23 1 v. Vote withdrawn 6 5 1 v. Pending release at close of FY 13 0 0 0 Reflects status of approved cases as of 08/31/2013 10

FY 13 Offender Deaths There were 176 offenders referred during FY 13 who passed away while incarcerated. The following reflects the status of those FY 13 referrals. Sex Offender – Did not meet criteria as set for by House Bill 2611 36 MRIS Consideration Denied / Denied MRIS 32 Deceased after receipt of MRIS medical summary and during processing of case for presentation to Board of Pardons and Paroles / Presiding Judge 19 Deceased after referral – prior to receipt of MRIS medical summary 13 Deceased within 48 hours of receipt of MRIS medical summary 10 Medical Summary indicated Clinical Criteria Not Met 6 Deceased pending decision 3 MRIS Approved – Deceased pending release 20 No significant change in condition since prior denial – Not presented for vote Not eligible (Parole Approved / Pending Discharge / ISF / SAFPF) Deceased after Withdrawal of MRIS Approval 9 13 1 Deceased within 24 hours of referral 10 Deceased in voting process on day of Approval 4 11

Current Status of Offenders Released on MRIS Since the program’s inception on December 1, 1991, 1529 offenders have been released, seven of whom have released twice for a total of 1536 actual releases. The following chart depicts current status of each individual offender released. 12