Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI) Medically Recommended Intensive Supervision (MRIS) FY12 Annual Report Texas Department of Criminal Justice Reentry and Integration Division

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. 1 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. 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. 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.

MRIS Data Comparison (by fiscal year) 2 There were a total of 72 MRIS approvals during FY12. Of those, 64 were CID offenders approved by the Texas Board of Pardons and Paroles. The remaining 8 were State Jail confinees approved by sentencing Judges. **Includes ineligible referrals with no qualifying medical condition

MRIS Offender Data 3 MRIS Referrals1857* Individual Offenders Referred1167 Presentations for MRIS consideration491** Individual Offenders Presented406 * Includes multiple referrals for 405 “individual” offenders ** Includes multiple presentations for 69 “individual” offenders to Board/Judge for MRIS consideration

MRIS FY12 Referral Status 4 ELIGIBLE REFERRALSINELIGIBLE REFERRALS Presented to Board/Judge for consideration491Sex Offender; HB2611 criteria not met308 Clinical Criteria Not Met6573G / Not Long Term Care or Terminally Ill136 Offender referred to unit medical provider88Parole Approved66 Deceased prior to presentation for MRIS consideration43Not an Offender (SAFPF / ISF)4 Pending Presentation to Board/Judge at close of FY1118Pending Discharge2 Active Detainer / Not Legal US Citizen13 Pending response from unit medical provider at close of FY1126 Offender refused MRIS5 Total Eligible1341Total Ineligible516 Total Referrals ** * Includes multiple presentations for 69 “individual” offenders to Board/Judge for MRIS consideration ** Includes multiple referrals for 405 “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.

5 Unit Direct % of Total Referrals 30% 44% 42% 40% * Includes multiple referrals for 405 “individual” offenders

6 * A total of 72 offenders were approved during FY12. Of those, 70 of those cases were presented for consideration during FY12 and 2 were pending decision from presentation in FY11.. MRIS Referrals for FY12 Approved by Source

MRIS FY12 Presented for MRIS Consideration by Diagnosis 7 *Includes presentations for 406 “individual” offenders to Board/Judge for MRIS consideration. Of those, 69 had multiple presentations.

MRIS Approval Rates by Diagnosis (Comparison by fiscal year) 8 There were a total of 72 MRIS approvals during FY12. Of those, 64 were CID offenders approved by the Texas Board of Pardons and Paroles. The remaining 8 were State Jail Confinees approved by sentencing Judges.

Status of FY12 Presentations 9 A total of 491 cases were presented for MRIS consideration during FY12. Of those, 475 were referred in FY12 and 16 were FY11 referrals pending presentation. The following reflects the status of all cases presented for vote during FY12. FY12 TOTALSCIDState Jail Presented FY12:491*47912 Approved72648 Consideration denied386 0 Denied MRIS26251 Deceased pending decision752 Pending decision at close of FY11000 *Includes presentations for 406 “individual” offenders to Board/Judge for MRIS consideration. Of those, 69 had multiple presentations

Status of FY12 Approved Cases 10 Reflects status of approved cases as of 08/31/2012 A total of 72 offenders were approved during FY12. Of those, 70 of those cases were presented for consideration during FY12 and two were pending decision from presentation in FY11. FY12 TOTALSCIDState Jail Approved72648  Released34286  Deceased pending release25241  Vote withdrawn770  Pending release at close of FY1266 0

11 FY12 Offender Deaths Sex Offender – Did not meet criteria as set for by House Bill MRIS Consideration Denied / Denied MRIS24 Deceased after receipt of MRIS medical summary and during processing of case for presentation to Board of Pardons and Paroles / Presiding Judge 34 Deceased after referral – prior to receipt of MRIS medical summary9 Deceased within 48 hours of receipt of MRIS medical summary2 Medical Summary indicated Clinical Criteria Not Met7 Deceased pending decision7 MRIS Approved – Deceased pending release20 No significant change in condition since prior denial – Not presented for vote14 Not eligible (Parole Approved / Pending Discharge / ISF / SAFPF)11 Deceased pending disposition of ICE detainer3 Deceased within 24 hours of referral3 Deceased in voting process on day of Approval2 During FY12 a total of 456 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, 251 had been referred for MRIS one or more times during their incarceration. Of those, 187 received referrals during FY12. The following reflects status of the FY12 referrals.

Current Status of Offenders Released on MRIS Since the program’s inception on December 1, 1991, 1484 offenders have been released, seven of whom have released twice for a total of 1491 actual releases. The following chart depicts current status of each offender released. 12