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) FY11 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)

2000 1800 1600 1400 1200 1000 800 600 400 200 0 Referrals** Presentations Approvals FY 2007 941 290 101 FY 2008 1319 438 103 FY2009 1318 337 59 FY2010 1443 457 102 FY2011 1807 349 100

There were a total of 100 MRIS approvals during FY11. Of those, 91 were CID offenders approved by the Texas Board of Pardons and Paroles. The remaining 9 were State Jail confinees approved by sentencing Judges.

**Includes ineligible referrals with no qualifying medical condition 2

MRIS Offender Data

MRIS Referrals Individual Offenders Referred Presentations for MRIS consideration Individual Offenders Presented 1807* 1344 349** 304 * Includes multiple referrals for 332 “individual” offenders ** Includes multiple presentations for 37 “individual” offenders to Board/Judge for MRIS consideration 3

MRIS FY11 Referral Status

ELIGIBLE REFERRALS

Presented to Board/Judge for consideration Clinical Criteria Not Met Offender referred to unit medical provider Deceased prior to presentation for MRIS consideration 337* 575 138

INELIGIBLE REFERRALS

Sex Offender; HB2611 criteria not met 3G / Not Long Term Care or Terminally Ill Parole Approved 39 Not an Offender (SAFPF / ISF) Pending Presentation to Board/Judge at close of FY11 16 Pending Discharge Active Detainer / Not Legal US Citizen 12 Pending response from unit medical provider at close of FY11 Total Eligible 8 1125 Total Referrals - 1807 ** Total Ineligible 361 253 56 7 5 682 * Includes multiple presentations for 37 “individual” offenders to Board/Judge for MRIS consideration ** Includes multiple referrals for 332 “individual” offenders

Note: Clinical Criteria Not Met condition.

may include offenders who were previously presented and denied MRIS with next review indicating no change in offender’s

4

MRIS Referral Sources (Comparison by fiscal year)

800 700 600 500 400 300 200 100 0 Unit Medical Staff Fam ily Offender TCOOMMI Re-Review Other: Legislative, Attorney, Data Reports FY 2008 Total 1319 577 289 191 161 101 FY 2009 Total 1318 397 291 170 140 320 FY 2010 Total 1443 FY 2011 Total 1807* 628 253 161 229 172 757 329 189 240 292 Unit Direct % of Total Referrals 44% 30% 44% 42%

* Includes multiple referrals for 332 “individual” offenders 5

MRIS Referrals for FY11 Approved by Source

800 700 600 500 400 300 200 100 0 Unit Medical Staff Fam ily Other: Legislative, Attorney, Data Report Offender TCOOMMI Re-Review Referrals 1807 757 329 292 189 240 Presented 349 197 29 75 4 44 Approved 100* 52 10 27 1 10 % of Total Approvals 52% 10% 27% 1% 10%

* A total of 100 offenders were approved during FY11. Of those, 99 of those cases were presented for consideration during FY11 and one was pending decision from presentation in FY10. . 6

MRIS FY11 Presented for MRIS Consideration by Diagnosis

Terminally Ill Physically Handicapped Elderly 129 8 12 Long Term Care Mentally Ill 196 4 Mentally Retarded 0 Total Presented

349*

*Includes presentations for 304 “individual” offenders to Board/Judge for MRIS consideration . Of those, 37 had multiple presentations .

7

MRIS Approval Rates by Diagnosis (Comparison by fiscal year)

Terminally Ill Elderly Physically Handicapped Long Term Care Mentally Ill FY 2008 FY 2009 FY 2010

FY 2011

64 3 1 34 1 34 0 1 24 0 54 0 1 46 1

49 3 4 44 0

Mentally Retarded 0 0 0

0

Total Approvals 103 59 102

100

There were a total of 100 MRIS approvals during FY11. Of those, 91 were CID offenders approved by the Texas Board of Pardons and Paroles. The remaining 9 were State Jail Confinees approved by sentencing Judges.

8

Status of FY11 Presentations

A total of 349 cases were presented for MRIS consideration during FY11. Of those, 337 were referred in FY11 and 12 were FY10 referrals pending presentation. The following reflects the status of all cases presented for vote during FY11.

Presented FY11: Approved Consideration denied Denied MRIS Deceased pending decision Pending decision at close of FY10

FY11 TOTALS 349* 99 219 16 7 9 CID

336 90 219 13 7 8

State Jail

*Includes presentations for 304 “individual” offenders to Board/Judge for MRIS consideration. Of those, 37 had multiple presentations

Note: One case received two votes during a single presentation with the board approving, withdrawing the approval due to new information, and then denying consideration. The actual number of votes is 1 greater (350) than the actual number of presentations recorded (349).

13 9 3 1 9

Status of FY11 Approved Cases

A total of 100 offenders were approved during FY11. Of those, 99 of those cases were presented for consideration during FY11 and one was pending decision from presentation in FY10.

FY11 TOTALS

Approved

100

 Released  Deceased pending release  Vote withdrawn  Pending release at close of FY11

85 9 3 3 CID

91 76 9 3 3

State Jail

9 9 Reflects status of approved cases as of 08/31/2011 10

FY11 Offender Deaths

During FY11 a total of 423 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, 192 had been referred for MRIS one or more times during their incarceration. Of those, 147 received referrals during FY11.

the FY11 referrals.

The following reflects status of Sex Offender – Did not meet criteria as set for by House Bill 2611 MRIS Consideration Denied / Denied MRIS Deceased after receipt of MRIS medical summary and during processing of case for presentation to Board of Pardons and Paroles / Presiding Judge Deceased after referral – prior to receipt of MRIS medical summary Deceased within 48 hours of receipt of MRIS medical summary Medical Summary indicated Clinical Criteria Not Met Deceased pending decision MRIS Approved – Deceased pending release No significant change in condition since prior denial – Not presented for vote Not eligible (Parole Approved / Pending Discharge / ISF / SAFPF) Deceased pending disposition of ICE detainer Deceased within 24 hours of referral Deceased in voting process on day of Approval 42 22 14 13 9 8 7 7 7 5 6 6 1 11

Current Status of Offenders Released on MRIS

Since the program’s inception on December 1, 1991, 1448 offenders have been released, seven of whom have released twice for a total of 1455 actual releases. The following chart depicts current status of each offender released.

945 Deceased post MRIS release - 65% 243 152 Discharged sentence - 17% Currently on MRIS Supervision - 11% Other: TDCJ or Federal Custody, Absconded, Deported - 3% Returned toTDCJ; Released under other supervision or deceased in custody - 4% 47 61 12