A: The laws
governing parole eligibility and mandatory supervision are very complicated,
even for those who deal with such matters on a daily basis. Because of the
numerous changes in the law during the last two decades, there is still much
confusion among attorneys as to which law is applicable to a particular inmate.
Fortunately, there is a fast, easy way
to determine this important issue: The law in effect on the date that the
offense was committed governs an inmate’s eligibility for release on parole or
to mandatory supervision. Moreover, the
effective date of most statutory amendments is the last day of August or the
first day of September after the respective legislative session.
The issue of
applicable legislation affects not only an inmate’s initial parole eligibility,
but also how his case is voted, and whether or not he might be required to serve
his entire sentence day for day or is released on mandatory supervision. To
illustrate this point, consider the following hypothetical: An inmate commits a
crime involving the use of a deadly weapon, such as aggravated robbery, murder,
aggravated assault, etc. If he committed
this crime prior to September 1, 1987, he would be eligible for parole after
serving one third of his sentence. Additionally,
even if the inmate in this scenario was denied parole and given a serve all, he
would still be released to mandatory supervision, once his flat-calendar-time
plus good time equals his sentence.
Conversely, an inmate
who commits the same crime prior to September 1, 1993 would be eligible for
parole after serving one-fourth of his sentence. However, the same inmate would have to serve
one-half of his sentence to be parole-eligible if his offense was committed on
or after September 1, 1993.
For
the vast majority of inmate, whose offenses are not listed in Texas Government
Code, §508.149,
parole eligibility is based upon the offender earning 25% of his time credits. Since most offenders will receive good time
credits towards the eligibility date they will earn 25% of time credits well
before they serve 25% of their actual time. Crimes of violence occurring on or after
September 1, 1993 require offenders to serve 50% of their sentence without any
credit for good time
Q: What factors determine whether the Board grants
or denies parole?
A: In
deciding which offenders will be released to supervision, the Texas Parole Board
has a great deal of latitude and is free to consider a wide range of factors.
Perhaps one of the most frustrating things for many inmates and their families
to come to terms with is the fact that the Board is not limited to the facts
underlying the inmate’s present offense of conviction. Rather, it may take into consideration any
and all information it deems relevant; such as any charges that were dismissed
as part of a plea bargain; prior criminal history including juvenile records
(although these records are often sealed to the general public, they are available
to the Board); and previous unsuccessfully completed parole or probation. The Board may also take into account how the
inmate’s institutional adjustment, whether he has participated in available
programs, etc. Finally, it may consider
family support and the opportunity for gainful employment upon release. It should be noted that this list is not exhaustive,
but is provided to illustrate the variety of factors the Board may take into
consideration when reviewing an inmate’s file for parole.
Q: What is
mandatory supervision?
A: Mandatory Supervision is the statutorily
mandated release of an inmate when his calendar time served plus earned good
time credits equals the inmate's total sentence. For example: if an inmate had a five year
sentence, after accumulating 60 months worth of time credits the decision to
release the inmate to supervision would become mandatory by operation of law.
However, for those inmates
whose offense was committed on or after September 1, 1996, release to Mandatory
Supervision is no longer mandatory! Due
to legislative changes to the statute, the Board must now review all Mandatory
Supervision release cases, which has resulted in a very confusing oxymoronic
term known as “discretionary-mandatory release”. Thus, if Board determines that release to
Mandatory Supervision is not in the best interests of the public it may deny such
release. As one appellate court justice
recently observed, “only in Texas could a "mandatory release" become
a "discretionary mandatory release"!” An inmate released to Mandatory Supervision is
subject to the same terms and conditions as an inmate released to Parole.
Q: What is a parole revocation?
A:
Just because an inmate is released from prison on parole or
mandatory supervision does not mean that he or she is home free. In fact, he is still serving his sentence
while on parole albeit in a less restrictive manner. Failure of parolees to remain cognizant of
this fact can quickly result revocation of parole or mandatory/discretionary
supervision and/or re-incarceration in TDCJ or some lesser sanction, such as
compulsory substance abuse treatment or ISF (Intermediate Sanction Facility).
Parole revocations can
occur for a variety of reasons, such as failure to comply with stipulations and
conditions of release, re-arrest (even when the charges are dismissed or the
inmate is ultimately acquitted), or even something as tenuous as an
unsubstantiated allegation that the inmate has violated a terms of condition of
release.
Q: What is the parole revocation process?
A: A parole revocation hearing must be held not
later than the 41st day after the date of arrest on the blue warrant, unless
the person is subject to pending criminal charges that have not been
adjudicated, or he has been transferred from a county jail to a community
residential facility, or he is in custody in another state or federal correctional
facility.
Depending on the nature of
the allegations of violation, an individual may be entitled to a Preliminary
Hearing as well as a final Revocation Hearing. The Preliminary Hearing establishes whether or
not probable cause exists to believe that the person violated at least one of
the conditions of release. If probable
cause is established, a Revocation Hearing will be held to determine whether or
not the allegations can be proved by a preponderance of credible evidence. Each of the hearings consists of a
fact-finding phase and an adjustment phase. The purpose of the adjustment phase is to
determine how well the individual has done since his release to supervision and
to determine the seriousness of the violation in the overall context of the
person’s adjustment to society.
Parolees are entitled to
written notice of the allegations of violation and are entitled to disclosure
of the evidence against them. They have
a right to be represented by counsel and a right to confront and cross-examine
adverse witnesses. They are also
entitled to request that subpoenas be issued to secure the attendance of either
adverse or friendly witnesses.
Upon finding that the
inmate violated at least one of the terms or conditions of supervision, the Board
may:
1. Withdraw
the violation warrant and continue the person on supervision under the same or
modified conditions of release;
2.
Order that the inmate be continued on supervision after spending a period
of time in an Intermediate Sanctions Facility; or
3.
Revoke the inmate's parole and return him to TDCJ. If parole is revoked, the person returns to
prison with calendar time credits only unless he is not currently serving or
been convicted of an aggravated offense in the past AND he managed to
successfully complete more than fifty percent of the balance of his sentence
prior to the issuance of the blue warrant.
Q: Is legal
representation required for parole?
A: Legal representation is not required and most
offenders go through the parole review system without the assistance of legal
counsel. Moreover, state statutes
require that only attorneys licensed in Texas can represent an offender before
the Texas Parole Board. Conversely,
non-attorneys who offer parole packet services cannot appear before the Board. Although many attorneys are starting to
accept parole cases, there are presently only a handful of attorneys who
practice in this area on a day-to-day basis and who therefore understand the
ins and outs of the system. Please read
more about Hooper Law Firm’s Parole Services to learn about the advantages of
hiring an attorney.