This web page can be printed and sent to your love one in prison to help
him or her understand the parole rules or policy affecting him / her.
Hello and thank you for visiting my web page. The parole process in Texas is confusing and intimidating
to those individuals who are not familiar with how the Parole Board operates and how the parole system
functions. Most inmates never place the right evidence or information in front of the Parole Board in time
to allow the Parole Board to properly evaluate this information and decide if the inmate should be released
to parole. When the Parole Board is spending less than 5 minutes on average per parole application and
the parole release rate has fallen to approximately 25%, do you wish to take the chance of being denied
parole and receiving a “set-off “ for up to five-years? Or, do you need an attorney to uncover the evidence
and prepare the presentation needed to argue why the inmate should be released to parole?
PAROLE IN THE STATE OF TEXAS:
There was a substantial change in how parole was applied beginning September 1, 1996. Prior to
September 1, 1996, an inmate who had committed a crime that was not specifically listed as not being
eligible for Mandatory Supervision would have to be released to mandatory supervision when the inmate’s
actual time served plus good-time credit accumulated equaled the sentence imposed on the inmate. Any
crime committed after September 1, 1996 no longer had Mandatory Release available, instead, when actual
time served plus good-time credits accumulated equals the sentence, the inmate would be eligible for a
Discretionary Mandatory Review. At the Discretionary Mandatory Review, a three-member parole board
panel will determine if an inmate should be released to Discretionary Mandatory Supervision. It was not
mandatory for the Parole Board to release an inmate as it was prior to September 1, 1996. I have acquired
the statistics for parole and mandatory release rates for the parole board in the state of Texas for September 2010 through Feburary 2012.
An inmate convicted of a crime after September 1, 1996 can, and in most situations will have to serve a
substantial portion of the sentence, if not the entire sentence, if the inmate does not convince the Parole
Board he/she deserves to be released back to society on parole. In Texas there is no mathematical formula
that will allow an inmate to be released short of serving the entire sentence. There is no two-for-one credit
or any other mathematical formula that assures the inmate will be released. The Parole Board determines
if an inmate should be released to parole on a case by case basis. The inmate in Texas goes into review 6
months prior to the parole appearance date and can be voted by the Parole Board any time during this 6
month window. Prior to an inmate’s file being sent to the Parole Board, information is sent to the inmate’s
file by the sentencing court, the District Attorney’s Office that prosecuted the inmate, the arresting agency,
as well as the Texas Department of Criminal Justice (TDCJ). The Parole Board does not have the funds or
the manpower to investigate each inmate’s application for parole beyond the information sent by the various
agencies I have listed above. Instead it is incumbent upon the inmate to discover any beneficial evidence,
submit that evidence, and create a compelling argument as to why the Parole Board should release the
inmate to parole. If this is not done, the Parole Board will deny the inmate parole and if parole is denied the
Parole Board will then determine when they will review the inmate’s file again. The Parole Board may refuse
to review (set-off) the inmate’s file for not less than one-year from the date of the last review to no more than
five-years. There is no appeal from a Parole Board decision refusing parole and setting off the inmate’s next
review to some future date not exceeding five-years.
The following information is based upon
the laws which are currently in effect as of April 2010. Parole and mandatory supervision
eligibility is determined by the laws in effect at the time the offense is committed,
not the date of sentencing. Many of the inquiries I receive are in regards to an
inmate’s eligibility date and there is quite a bit of confusion about it. The following
chart includes all time served in custody (both county jail and prison) and reflects
an inmate’s first parole eligibility date. Please keep in mind, the parole board
is presently placing inmates files in parole review some six-months in advance of
these calculated time frames, and they are voting cases as early as three-months
prior to the inmates parole eligibility date. In other words, you need to hire me
well in advance of the computed
parole eligibility date.
On February 15, 2012, the parole board met and set up procedural hurdles for submitting
information to the board which requires certain time frames to be met. If these
time frames are not met, documentation submitted will not be accepted and taken
into consideration during the review process. Also, changes have been made in the
parole guidelines regarding the Risk Item Factors Scale and these new changes will
greatly impact inmates in review.
| PAROLE |
DISCRETIONARY MANDATORY |
| Yrs. |
3g Offenses |
All Other Offenses |
3g/508.149 Offenses |
All Other Offenses |
| 1 |
N/A |
1 mos 13 days |
N/A |
5 mos 21 days |
| 2 |
N/A |
2 mos 25 days |
N/A |
11 mos 8 days |
| 3 |
2 yrs |
4 mos 8 days |
N/A |
1 yr 5 mos 2 days |
| 4 |
2 yrs |
5 mos 21 days |
N/A |
1 yr 10 mos 22 days |
| 5 |
2 yrs 6 mos |
7 mos 3 days |
N/A |
2 yrs 4 mos 12 days |
| 6 |
3 yrs |
8 mos 15 days |
N/A |
2 yrs 10 mos 3 days |
| 7 |
3 yrs 6 mos |
10 mos 0 days |
N/A |
3 yrs 3 mos 20 days |
| 8 |
4 yrs |
11 mos 8 days |
N/A |
3 yrs 9 mos 16 days |
| 9 |
4 yrs 6 mos |
1 yr 0 mos 24 days |
N/A |
7 yrs 3 mos 4 days |
| 10 |
5 yrs |
1 yr 2 mos 8 days |
N/A |
4 yrs 8 mos 24 days |
| 11 |
7 yrs 6 mos |
1 yr 9 mos 9 days |
N/A |
7 yrs 1 mos 6 days |
| 15 |
7 yrs 6 mos |
1 yr 9 mos 9 days |
N/A |
7 yrs 1 mos 6 days |
| 20 |
10 yrs |
2 yrs 4 mos 12 days |
N/A |
9 yrs 5 mos 18 days |
| 25 |
12 yrs 6 mos |
2 yrs 11 mos 15 days |
N/A |
11 yrs 10 mos |
| 30 |
15 yrs |
3 yrs 6 mos 18 days |
N/A |
14 yrs 2 mos 12 days |
| 35 |
17 yrs 6 mos |
4 yrs 1 mos 21 days |
N/A |
16 yrs 6 mos 24 days |
| 40 |
20 yrs |
4 yrs 9 mos |
N/A |
18 yrs 11 mos 6 days |
| 45 |
22 yrs 6 mos |
5 yrs 4 mos 3 days |
N/A |
21 yrs 3 mos 18 days |
| 50 |
25 yrs |
5 yrs 11 mos 8 days |
N/A |
23 yrs 8 mos |
| 55 |
27 yrs 6 mos |
6 yrs 6 mos 11 days |
N/A |
26 yrs 12 days |
| 60 |
30 yrs |
7 yrs 1 mos 15 days |
N/A |
28 yrs 4 mos 24 days |
| LIFE |
30 yrs |
7 yrs 1 mos 15 days |
N/A |
N/A |
3g Offenses
where good time credits have no effect on an offender’s sentence:
Parole eligibility
is based on calendar time. The inmates convicted of a 3g offense are not eligible
for mandatory supervision. Any 3g offense committed on or after September 1, 1993
requires an inmate to serve a minimum of one-half of the total sentence to become
parole eligible. The following is the current listing of 3g offenses:
| Aggravated Sexual Assault |
| Aggravated Kidnapping |
| Aggravated Robbery |
| Indecency with Child-Contact |
| Murder |
| Sexual Assault of a Child |
| Offenses with Affirmative Finding of Deadly Weapon |
There are
certain offenses where a life sentence carries unique initial parole eligible requirements
by statute:
| Capital Murder |
40 years actual time served |
Aggravated Sexual Assault (two prior
convictions 1 sex related) |
35 years actual time served |
Aggravated kidnapping with Intent to Abuse Sexually (two prior
felony convictions 1 sex related) |
35 years actual time served |
Indecency with Child-Contact (two prior
felony convictions 1 sex related) |
35 years actual time served |
Burglary Habitation with intent to
sexual assault or indecency with Child-Contact
(two prior felony convictions 1 sex related) |
35 years actual time served |
Aside from
the above listed offenses, good time credits for offenses listed below and as defined
in 508.49 of the Texas Government Code count toward an inmate’s parole eligibility.
The good time credit does not count, however, toward release on mandatory supervision.
If the inmate is never approved for parole, the inmate convicted of the following
will serve the entire sentence:
| Aggravated Assault 1st and 2nd degree |
*Drug-Free Zone Offenses |
Robbery |
| Arson 1stdegree |
Indecency with Child-Exposure |
Sexual Assault |
| Burglary Habitation 1st degree |
Injury to Child, Elderly, Disabled 1st degree |
|
| Use of Child in Offense |
|
|
*Drug-free
zone offenses carry a unique parole eligibility requirement. If convicted of such
a crime, an offender must serve five calendar years to become eligible. Consequently,
if an offender is sentenced to five-years or less, he or she is not eligible for
parole or mandatory supervision.
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Pardons involving Completed Terms of Deferred Adjudication With the passage of proposition
#9, the Texas Constitution has been amended to authorize the Governor, on the written
recommendation and advice of the Board of Pardons and Paroles , to grant a pardon
to a person who successfully completes a term of deferred adjudication community
supervision. Senate Bill 144 implemented the constitutional amendment by amending
Code of Criminal Procedure 48.01 effective January 1, 2012. To be eligible for pardon
based upon a deferred adjudication community supervision, the following criteria
must be met: Must successfully complete the term of deferred adjudication community
supervision, and May submit the application on or after the 10th anniversary date
of the discharge and dismissal of the deferred adjudication community supervision.
Should you wish to apply for a pardon after completing deferred adjudication please
contact my office.
BILLS PASSED BY TEXAS LEGISLATURE 2011:
The following is a list of the bills enacted and signed
into law by the 85th Texas Legislature in 2011. All these laws were passed by the
Texas Legislature and have been sent to the Governor to be signed and will be effective
September 2011, unless otherwise stated. Because of the legislative impasse that
occurred between the Republican and Democratic Legislatures, most bills dealing
with criminal justice matters never made it to the floor and therefore did not become
law.
| HB #200
|
TDCJ must notify Social Security, SSI, Social Security Disability
Insurance, upon an inmate being confined and released on parole, discretionary mandatory
release, or discharged from prison. TDCJ must also notify the sheriff, district
attorney, Judge of county in which the inmate is released if the inmate is a member
of a threat group upon that inmates released from prison.
|
| HB #1770
|
The state may pay a halfway house for inmates who are placed at the halfway house
no more than the actual cost to keep the inmate incarcerated. The key word is may.
This will only occur if there is sufficient funds in which to do this.
|
| HB #1940
|
This legislation entitles a parolee to a preliminary hearing if a motion to revoke
parole is filed. The only exception to the requirement to grant a parolee a preliminary
hearing is if the parolee waves(gives up this right in writing) or if the motion
to revoke parole concerns only administrative violations.
|
| HB #2004
|
This bill allows the sale of the Central unit by TDCJ. No other TDCJ units will
be closed except the Central unit contrary to the rumor that was going around TDCJ
would be closing more units and inmates would be released because of those closings.
|
| HB #2124
|
This bill provides victims must be notified if a defendant is acquitted by reason
of insanity in any criminal case.
|
| HB #2649
|
This bill only deals with inmates who have been sent to a state jail facility for
a state jail charge. An inmate may be awarded diligent participation credits to
reduce down the amount of time the inmate would be incarcerated if the inmate has
served 80% of his sentence.
|
| HB #2734
|
This bill makes it easier to revoke illegal criminal aliens on parole who reenter
the United States after being deported.
|
| HB #2735
|
This bill allows the Parole Division the possibility of issuing a summons for a
parole revocation hearing instead of issuing a “blue warrant” and incarcerating
a parolee until there is a hearing and decision on a parole revocation. There is
a very limited ability to issue such a summons. The parolee cannot be on intensive
supervision, cannot be an absconder, and there must be a finding the individual
is not a threat to the public safety.
|
| SB #315
|
This bill sets up an agency to compile and maintain information on
prison gang members and criminal street gang members.
|
| SB #1
|
This is a budgetary bill that was passed during the special
session of the Texas Legislature. Included in this budgetary bill was a provision
which allows TDCJ to collect $100 from the inmates trust fund for medical care.
|
BILLS THAT FAILED TO PASS THE 2011 TEXAS LEGISLATURE:
There have been rumors circulating amongst the inmate population
regarding the passage of some of these bills. These are included in this newsletter
to help stop the rumors. I realize it is difficult to live in prison without hope
but to place your hope in ridiculous rumors is to actually have no hope at all.
I believe a statement you should make to someone who is telling you about a rumor
purporting to make it easier to leave prison other than through parole is this.
“I will believe you when all of the other rumors you have told me become true.”
With over 2000 bills proposed in this Legislature there
was not one bill proposed to reduce down the mandatory requirement to serve one
half of your sentence if you are convicted of a 3g offense.
| HB #3763 & 3538
|
Release to super intensive parole
or intensive supervision inmates who have reached 65 years of age and have serious
medical conditions. This bill did not become law.
|
| HB #694
|
This bill would have allowed release from TDCJ of certain inmates who have
completed rehabilitation programs and requiring the parole panel to set certain
dates of release. This bill did not become law.
|
| HB # 886 & 1477
|
This bill would have required
the state to allow retention of good time of parolees who have served time on mandatory
supervision and parole and it could not be forfeited. This bill did not become law.
|
| HB # 1220
|
This bill would have allowed TDCJ to restore forfeited good time. This bill did not become law.
|
| HB # 1299
|
This bill would have required the parole board to release inmates who have served
90% of their sentence or were within one year of completing their sentence. This bill did not become law.
|
| HB # 2412
|
This bill would have set forth mandatory supervision for certain drug possession
offenses. This bill did not become law.
|
| HB # 3340
|
This bill provided a warden could make recommendations to a parole panel regarding
an inmate’s eligibility for parole. This bill did not become law.
|
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In Texas the Parole Board, the District Attorney’s Office, and some large cities have victims’ advocates
whose job is to contact the victim of any crime, notify the victim the inmate is coming up for parole review,
and to assist the victim in presenting evidence to the Parole Board as to why the inmate should not be
allowed to receive parole. Most people believe the inmate will appear before the Parole Board and be able
to explain to the Parole Board why he or she should be released from prison. Actually, the Parole Board
Members rarely see or hear from the inmate. The Parole Board will decide if an inmate should be released
based upon evidence presented in an evidentiary package called a parole package. The inmate may present
whatever information he or she may be able to accumulate in this parole package. The victim, under Texas
law, has an absolute right for a personal appearance before the Parole Boards, and at this parole appearance
the victim can argue why the inmate should not be released. Some large cities have set up video studios
where the victim may go and produce video testimony arguing against the release of the inmate and this
video is then sent to the Parole Board and the Parole Board will utilize this video in determining if they will
grant parole to the inmate. The burden is upon the inmate to convince the Parole Board he deserves to be
released to parole. The Parole Board’s on internal parole statistics for the year September 2010 and through February 2011
indicates the Parole Boards are releasing approximately 30% of the inmates who are reviewed for parole based on
the guidelines set out by the parole board as indicated by the
release rates by guideline scores, though this may vary from month to month.
Inmates, in the state of Texas, are still under the misconception that remaining disciplinary free, submitting
a few letters of support and indicating a job offer is available upon release is sufficient to convince the Parole
Board the inmate deserves to be released. While this may be sufficient in very rare situations, it is not good
enough to convince the Parole Board to release most inmates. The Parole Board commissioned a study of
each inmate in custody and the crime or crimes the inmate had committed. Once this study was completed
a system of guidelines was set up by this commission and submitted to the Parole Board. The Parole Board
was to take into consideration the recommendations of this commission when the Texas Parole Board
determined if an inmate should be released to parole. The approval rate by guideline level is not strictly
followed by the Parole Board in the State of Texas. The Parole Board has always insisted it will base its
recommendation for parole solely upon the discretion of the Board Members, and will not follow any arbitrary
system that requires the Texas Board of Pardons and Paroles to release an inmate.
In Texas the Parole Board
is divided into six geographical regions consisting of the San Antonio Parole Board, the Amarillo Parole Board, the Angleton Parole Board,
the Gatesville Parole Board, the Huntsville Parole Board, and the Palestine Parole Board. The Parole Boards are made up of the following
individual Parole Board Members and Parole Commissioners.
The unit the inmate is confined in and
the unit’s location within the state will determine which Parole Board will review the inmate’s file, read the
information contained in the inmate’s parole package, and listen to the argument in his/her behalf by his/her
attorney at the parole appearance. The Parole Board is basically a jury made up of three individuals who
were appointed by the governor of the state of Texas to sit on the Parole Board. Their job is to determine
if an individual should be released from prison. The inmate must convince two-thirds of the members of this
jury that he/she deserves to be released from prison and should be allowed to serve out the remainder of
the sentence on parole. The Parole Board responds to evidence very much like a jury in any criminal case
responds. If there is more positive evidence indicating the inmate has rehabilitated himself/herself, is out
of denial, accepted responsibility for the crime he/she has committed, corrected those behavioral problems
that caused the criminal activity, and appears to be an individual who, if released to parole, will no longer
commit antisocial behavior and that he/she will conform to the rules society has placed on all of its citizens,
then that individual would have a reasonable chance of receiving a favorable vote from the three people who
make up the jury the State of Texas calls the Parole Board. Like a criminal jury, the Parole Board looks at
the evidence presented and contained in the inmate’s parole file and then forms an opinion based upon that
evidence. The perception the Parole Board forms of what the inmate is like, and whether or not this person
is be worthy of being released to society, affects whether there would be a favorable vote received by the
inmate.
Inmates often write me, or family members call me, requesting I represent the inmate by filing a time-cut.
If you would click on the link, you will find the procedural requirements for a time-cut. In almost every
situation parole is a more viable alternative.
I often receive letters from inmates as well as telephone calls from family members about current rumors
that supposedly will affect the inmate population. I have always attempted to address these rumors as
rapidly as possible to keep the inmate population informed of the facts and truth regarding these matters.
I send out an inmate information letter several times a year to inmates who have written to me and requested
it be sent to them. This letters addresses news that may affect the inmate population, proposed legislation
in Texas, or legal opinions from the Texas Courts or the Federal Courts that may impact the lives of inmates.
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PAROLE REVOCATION:
When an inmate has received the privilege of parole from the Texas Board of Pardons and Paroles a new
bureaucracy takes over the parolee’s life called the Parole Division. The Parole Division has the duty of
overseeing the parolee while the parolee is serving out the remainder of his sentence. In Texas there is no
early termination of parole. Should the inmate violate a condition of parole or commit a new crime, the
Parole Division may file a warrant for the parolee’s arrest and place the parolee in custody until there is a
parole revocation hearing. There is no bond for a parole revocation warrant. In rare situations a parole
warrant may be withdrawn and a summons issued for the parolee to attend a revocation hearing.
Should a parolee be arrested on a parole revocation warrant, sometimes called a blue warrant, the parolee
will be placed in the county jail where the parolee has been arrested and remain in custody until one of the
following has occurred:
| 1.
|
If the allegation is the parolee violated a condition of his/her parole, sometimes called a technical
violation, the parolee will be served a set of papers containing the alleged violation by his/her parole
officer. At that time the parolee will be asked if he/she wishes to give up his/her right to have a
parole revocation hearing by signing a specific document. Should the parolee waive his/her right
to have a revocation hearing then the written allegations will be sent to the Parole Board and the
Board will determine if the inmate should be returned to prison based upon the written allegations.
(I strongly recommend an inmate never waive his/her right to have a hearing.) The allegations of
a violation of a condition of parole should be served upon the parolee within 10-days of his/her
arrest and incarceration. Under the present policy and rules of the Board of Pardons and Paroles,
as well as the Parole Division, the parolee is not entitled to a preliminary hearing prior to the parole
revocation hearing. A parole revocation hearing should be held 10-days after the inmate has been
served the allegations of a violation of one of the conditions of parole. The revocation hearing is
conducted by a hearing officer employed by the parole division, the allegation of a parole violation
is prosecuted by the parole officer in charge of the parolee, the parolee may retain an attorney to
defend against these allegations or the parolee may represent himself/herself at the revocation
hearing. If the parole officer proves by a preponderance of the evidence the parolee violated one
of the conditions of his/her parole, the hearing officer will then make a recommendation in writing
to the Parole Board. This recommendation is then sent to the Parole Board and if two out of the
three Parole Board Members agree, the parolee’s parole may be violated and he/she will be returned
to prison to serve out the remainder of his sentence, or he/she may be placed back on parole with
new stipulations placed upon him/her.
|
| 2.
|
If the allegation is that the parolee has committed a new criminal act, a parole revocation warrant
will be issued, the parolee will be arrested and placed in custody. As previously indicated, there will
probably be no bond set on the parole revocation warrant and the parolee will have to remain in
custody until there is a final decision by the Parole Board to revoke the parolee’s parole and return
the parolee back to prison or to reinstate the parolee back to parole. The major distinction between
what occurs on a technical violation and a new charge is that there is no requirement to have a
either a preliminary hearing or a revocation hearing until the new allegation of a criminal act has
been disposed of either by a finding of not guilty, a plea of guilty, a finding of guilt, or a dismissal
of the criminal charges. Should the parolee be found guilty either through a plea or a finding of guilt
by a jury or a judge and the parolee is sent to county jail the Parole Division may, at its discretion,
hold a parole revocation hearing prior to the termination of the sentence, or hold a revocation
hearing not more than 30-days after the termination of the sentence.
|
If parole is violated and the parolee is revoked, the parolee will be returned to prison and the parolee will be
credited only for the actual time he has served on his sentence. The parolee will lose all good-time
accumulated as well as any time the parolee has served on parole (street time)and will only be credited for
the actual time he/she has previously served in prison as well as the time he/she served incarcerated on the
motion to revoke parole. The exception to the foregoing occurs when the parolee is paroled on a non-violent
offense and he has not committed any other violent offense and the parolee has served more than one-half
of the sentence when the actual time served plus the time he/she has accumulated on parole exceeds one-half of the sentence he/she received.
As you can see, a parole revocation can be very costly to the inmate. It is not usual for a person convicted
of a crime in the state of Texas to spend more time on parole and incarcerated than the actual number of
years he was originally sentenced to. It is very important for a parolee to convince the Parole Board the
parolee either did not commit a crime or if there was a violation that occurred the violation is such, and the
parolees conduct is such, it would be wrong to incarcerate the parolee and therefore the parolee should
remain on parole. These hearings are extremely important. If the Parole Board is not convinced the parolee
should not be returned to prison, the parolee will again become an inmate and either serve out the remaining
years of his/her sentence or convince the Parole Board to again release the inmate back to society on parole.
Obviously, once revoked on parole, the Parole Board will be less than enthusiastic about granting an inmate
parole a second time. Even if the inmate’s chances are likely he/she will be revoked and returned to prison,
a parole revocation hearing can be utilized to place positive information or mitigating information within
his/her file which will give a better understanding of what occurred when the inmate’s file is next reviewed
by the Parole Board and increase the inmate’s chances of receiving parole..
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