Compassionate Release
MRIS/EMR
Texas needs more Compassionate Release! Compassionate release is a process by which the incarcerated may be eligible for immediate early release on grounds of "particularly extraordinary or compelling circumstances which could not reasonably have been foreseen by the court at the time of sentencing". In Texas, there are two programs to obtain this type of parole. Medically Recommended Intensive Supervision (MRIS) and Emergency Medical Reprieve EMR. TDCJ has an extensive aging population. Due to factors such as extreme heat, poor nutrition, and poor medical care, there appears to be a substantial amount of incarcerated individuals with declining health. Despite the fact that this type of parole is more humane, cost-effective, and has an extremely low recidivism rate, the program approval rate is very low with many passing away prior to receiving program approval. TPCA believes that the expansion of these programs is well overdue.
MRIS Program
Medically Recommended Intensive Supervision (MRIS) is a program that was first created in 1987 to provide the opportunity for early parole for incarcerated Texans based on being significantly ill, elderly, and/or having physical or mental disabilities. The program is managed by Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI) where eligible incarcerated persons are presented to the BPP voting panel for MRIS consideration.
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Application or Referral
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Internal referrals - medical staff on a Correctional Institutions Division (CID) unit.
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External referrals - family, incarcerated individuals, elected officials, social service agencies
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Terminal Illness (expected death within 6 months)
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Elderly (+ 65 yrs)
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Physical Disability (substantial functional limitations in three or more specific areas)
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Developmentally Disabled
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Mental Illness
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Need for Long-Term Care
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Organic Brain Syndrome:
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Persistent Vegetative State
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Special needs patients
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Unfortunately, there are many "gatekeepers" based on the type of conviction that severely limits eligibility for this program.
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DisQualifiers
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Serving a life sentence without the possibility of parole or on Death Row
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Active Immigration and Customs Enforcement detainers, Not U.S. Citizens, reportable convictions or adjudications
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Sex offense or reportable conviction or adjudication for a sex offense, unless in a “vegetative state” or have Organic Brain Syndrome
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Statistics
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In 2019 the Board approved 76 incarcerated individuals for MRIS, 59 were terminally ill and 17 were in need of long-term care.
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In 2020 the Board approved 61 incarcerated individuals for MRIS, 40 were terminally ill and 21 were in need of long-term care.
Emergency Medical Reprieve (EMR)
Emergency Medical Reprieve (EMR) is a type of clemency that must be reviewed and recommended by The Texas Board of Pardons and Paroles and granted by the Governor.
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Terminal Illness (expected death within 6 months)
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Elderly (+ 65 yrs)
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Completely incapacitated
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Denied Medically Recommended Intensive Supervision (MRIS)
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Need for Long-Term Care
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Organic Brain Syndrome:
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Persistent Vegetative State
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Special needs patients
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In 2019 the Board received 132 requests for EMR, the Board’s Clemency Section sent 3 to the full Board, None were recommended to the Governor.
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In 2020 68 requests for EMR had been sent to the Board, 2 were recommended by the Board to the Governor and he denied both.
“Everywhere and Nowhere: Compassionate Release in the States,” is a comprehensive, state-by-state report on the early-release programs available to prisoners struggling with certain extraordinary circumstances, such as a terminal or age-related illness."
"The report takes a deep dive into the regulations and requirements of these programs in each state, including the varying categories of release, eligibility criteria, and reporting. The analysis also reveals a troubling number of barriers faced by prisoners and their families when applying for early release."
Thank you FAMM for your work in this area!
Click the button below to access the list of reports.