Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI) Medically Recommended Intensive Supervision (MRIS) FY13 Annual Report.

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Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI) Medically Recommended Intensive Supervision (MRIS) FY13 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. Government Code , Medically Recommended Intensive Supervision, enables TCOOMMI, in cooperation with Correctional Managed Health Care, to identify offenders who may be eligible for early parole review due to a medical condition. If the Board of Pardons and Paroles then determines that based on the offender’s condition and a medical evaluation, the offender does not constitute a threat to public safety, the offender is released to a medically suitable placement and appropriate supervision. As the result of HB 1670, enacted during the 78 th Legislative Session, 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. Enabling Legislation

MRIS Data Comparison (by fiscal year) 2 There were a total of 69 MRIS approvals during FY13. 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

MRIS Offender Data 3 MRIS Referrals1362* Individual Offenders Referred1000 Presentations for MRIS consideration359** Individual Offenders Presented288 * 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

MRIS FY13 Referral Status 4 ELIGIBLE REFERRALSINELIGIBLE REFERRALS Presented to Board/Judge for consideration*333Sex Offender; HB2611 criteria not met229 Clinical Criteria Not Met4773G / Not Long Term Care or Terminally Ill116 Offender referred to unit medical provider46Parole Approved61 Deceased prior to presentation for MRIS consideration53SAFPF / ISF Offender2 Pending Presentation to Board/Judge at close of FY1311Pending Discharge5 Active ICE Detainer2Not Legal US Citizen4 Pending response from unit medical provider at close of FY1320 Offender refused MRIS3 Total Eligible945Total Ineligible417 Total Referrals ** * 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.

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

6 * A total of 69 offenders were approved during FY13. Of those, 69 of those cases were presented for consideration during FY13 and 0 were pending decision from presentation in FY12.. MRIS Referrals for FY13 Approved by Source

MRIS FY13 Presented for MRIS Consideration by Diagnosis 7 *Includes presentations for 288 “individual” offenders to the Board (274)/Judge (14) for MRIS consideration. Of those, 42 had multiple presentations to the Board.

MRIS Approvals by Diagnosis (Comparison by fiscal year) 8 There were a total of 69 MRIS approvals during FY13. 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.

Status of FY13 Presentations 9 A total of 359 cases were presented for MRIS consideration during FY13. Of those, 333 were referred in FY13 and 26 were FY12 referrals pending presentation. The following reflects the status of all cases presented for vote during FY13. FY13 TOTALSCIDState Jail Presented FY13:359*34514 Approved Consideration denied268 0 Denied MRIS15123 Deceased pending decision321 Pending decision at close of FY13440 *Includes presentations for 288 “individual” offenders to Board (274)/Judge (14) for MRIS consideration. Of those, 42 had multiple presentations to the Board

Status of FY13 Approved Cases 10 Reflects status of approved cases as of 08/31/2013 A total of 69 offenders were approved during FY13. All 69 cases were presented for consideration during FY13. FY13 TOTALSCIDState Jail Approved  Released39318  Deceased pending release24231  Vote withdrawn651  Pending release at close of FY1300 0

11 FY13 Offender Deaths Sex Offender – Did not meet criteria as set for by House Bill MRIS Consideration Denied / Denied MRIS32 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 summary13 Deceased within 48 hours of receipt of MRIS medical summary10 Medical Summary indicated Clinical Criteria Not Met6 Deceased pending decision3 MRIS Approved – Deceased pending release20 No significant change in condition since prior denial – Not presented for vote9 Not eligible (Parole Approved / Pending Discharge / ISF / SAFPF)13 Deceased after Withdrawal of MRIS Approval1 Deceased within 24 hours of referral10 Deceased in voting process on day of Approval4 There were 176 offenders referred during FY13 who passed away while incarcerated. The following reflects the status of those FY13 referrals.

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