Lynn Messer, Parole Law

Parole Information

What is Parole?

Parole is the discretionary release of an offender, by a Board of Pardons and Paroles decision, to serve the remainder of a sentence in the community under supervision.

Parole is a privilege, not a right.

 

The following is the most recent Texas Statute explaining eligibility for release on Parole and the eligibility date.
Sec. 508.145.  ELIGIBILITY FOR RELEASE ON PAROLE;  COMPUTATION OF PAROLE ELIGIBILITY DATE.

 

(a)  An inmate under sentence of death, serving a sentence of life imprisonment without parole, serving a sentence for an offense under Section 21.02, Penal Code, or serving a sentence for an offense under Section 22.021, Penal Code, that is punishable under Subsection (f) of that section is not eligible for release on parole.

(b)  An inmate serving a life sentence under Section 12.31(a)(1), Penal Code, for a capital felony is not eligible for release on parole until the actual calendar time the inmate has served, without consideration of good conduct time, equals 40 calendar years.

(c)  An inmate serving a sentence under Section 12.42(c)(2), Penal Code, is not eligible for release on parole until the actual calendar time the inmate has served, without consideration of good conduct time, equals 35 calendar years.

(d)(1)  An inmate serving a sentence for an offense described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), or (K), Article 42.12, Code of Criminal Procedure, or for an offense for which the judgment contains an affirmative finding under Section 3g(a)(2) of that article, or for an offense under Section 20A.03, Penal Code, is not eligible for release on parole until the inmate’s actual calendar time served, without consideration of good conduct time, equals one-half of the sentence or 30 calendar years, whichever is less, but in no event is the inmate eligible for release on parole in less than two calendar years.

(2)  Notwithstanding Subdivision (1), an inmate serving a sentence for an offense described by Section 3g(a)(1)(E), Article 42.12, Code of Criminal Procedure, is not eligible for release on parole if the inmate is serving a sentence for an offense for which punishment was enhanced under Section 12.42(c)(4), Penal Code.

(d-1)  Notwithstanding Subsection (d), for every 12 months that elapse between the date an arrest warrant is issued for the inmate following an indictment for the offense and the date the inmate is arrested for the offense, the earliest date on which an inmate is eligible for parole is delayed by three years from the date otherwise provided by Subsection (d), if the inmate is serving a sentence for an offense under Section 19.02, 22.011, or 22.021, Penal Code.

(e)  An inmate serving a sentence for which the punishment is increased under Section 481.134, Health and Safety Code, is not eligible for release on parole until the inmate’s actual calendar time served, without consideration of good conduct time, equals five years or the term to which the inmate was sentenced, whichever is less.

(f)  Except as provided by Section 508.146, any other inmate is eligible for release on parole when the inmate’s actual calendar time served plus good conduct time equals one-fourth of the sentence imposed or 15 years, whichever is less.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.21, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 787, Sec. 4, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 787, Sec. 12, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 405, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.10, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 146, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 765, Sec. 2, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1400, Sec. 3, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 122, Sec. 10, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1119, Sec. 2, eff. September 1, 2011.

 

Parole and Mandatory Supervision Chart for Capital Murder (Capital Felony) Death or Life without Parole-19.03

82nd Legislature of the State of Texas

Covering the period from 9/1/2011 to the present time:

Offense

Parole Eligibility

Comments

Capital Murder (Capital Felony) Death or Life without Parole-19.03Capital Murder (Capital Felony) Life1.              Murder of a peace officer or firemen on duty,2.               Intentionally murders a person in the course of committing or attempting to commit a kidnapping, burglary, robbery, aggravated sex assault, arson, obstruction, or retaliation, or terroristic threat–22.07(a)(1,3,4,5, or 6)3.               Murders for remuneration,4.               Murders while escaping or attempting to escape from a penal institution.5.               Murders an employee of a penal institution while incarcerated,6.               Murders with intent to establish or participate in an alliance of  individuals,

7.               A person convicted to murder who murders while incarcerated,

8.               Murders while serving a sentence for life or 99 years for Aggravated Kidnapping, Aggravated Sex Assault, or Aggravated Robbery,

9.               Murders more than one person during the same criminal transaction, or during different criminal transactions but he murders are committed pursuant to the same scheme,

10.             Murders an individual under six years of age,

11.             Murders in retaliation for/on account of service/status as judge or justice courts.

 

Not eligible for parole or MS release.Calendar time=40 actual years served without consideration of good timePunishable by Death or Life without Parole only.Prohibits anyone younger than 18 years of age to be punished by death. Gov’t Code 508.046Gov’t Code 508.145(b) Effective 9/1/2009Full Board Vote + written report from Texas Department of Criminal Justice, regardless of date of offense:

                  Includes predecessor offense of Murder with Malice Aforethought when characteristics of crime match definition of capital felony.

SB45 Effective 09/01/1995–Extraordinary Vote

Effective 09/01/2005

 

Offense

Parole Eligibility

Comments

Offender is serving a Life Sentence for one of the following listed offenses:-Aggravated Kidnapping (with intent to violate or abuse the victim sexually)-20.04(a)(4)-Aggravated Sexual Assault-22.021-Burglary of Habitation with intent to Commit any of the following listed sexual offenses:-30.02-Aggravated Sexual Assault-22.021

-Indecency w/Child-21.11

-Obscenity (images of child under the age of 18)-43.23-Poss. Or Promotion of Child Pornography-43.26

-Prohibited Sexual Conduct-25.02

-Sexual Assault-22.011

 

Calendar time = 35 years Gov’t Code 508.145PC 12.42c
-Sexual Performance by a Child–43.25-Sexual Assault–22.011 AND has a previous conviction for one of the above listed offenses or one of the following offenses:-Burglary of Habitation with Intent to Commit any of the following listed sexual offenses:-30.02-Aggravated Kidnapping (with intent to violate or abuse the victim sexually)–20.04(a)(4)-Indecency w/Child-21.11(a)(1)

-Possession or Promotion of Child Pornography-43.26

-Prohibited Sexual Conduct-25.02

-Sexual Assault–22.011

-Sexual Performance by a Child- 43.25

Offense in another state substantially similar to any of the above offenses.

 

 

 

 

Offense

Parole Eligibility

Comments

Offender is serving a Life Sentence for one of the following listed offenses:-Aggravated Kidnapping (with intent to violate or abuse the victim sexually)-20.04(a)(4)-Aggravated Sexual Assault-22.021-Burglary of Habitation with intent to Commit any of the following listed sexual offenses:-30.02-Aggravated Sexual Assault-22.021

-Indecency w/Child-21.11

-Obscenity (images of child under the age of 18)-43.23-Poss. Or Promotion of Child Pornography-43.26

-Prohibited Sexual Conduct-25.02

-Sexual Assault-22.011

 

Calendar time = 35 years Gov’t Code 508.145PC 12.42c
-Sexual Performance by a Child–43.25-Sexual Assault–22.011 AND has a previous conviction for one of the above listed offenses or one of the following offenses:-Burglary of Habitation with Intent to Commit any of the following listed sexual offenses:-30.02-Aggravated Kidnapping (with intent to violate or abuse the victim sexually)–20.04(a)(4)-Indecency w/Child-21.11(a)(1)

-Possession or Promotion of Child Pornography-43.26

-Prohibited Sexual Conduct-25.02

-Sexual Assault–22.011

-Sexual Performance by a Child- 43.25

Offense in another state substantially similar to any of the above offenses.

 

 

 

 

 

 

OFFENSES

PAROLE ELIGIBILITY

COMMENTS

3G Offenses:-Aggravated Kidnapping – 20.04-Aggravated Robbery – 29.03-Aggravated Sexual Assault-22.021

Any offense with Affirmative Finding of Deadly Weapon

-Capital Murder-19.03

Indecency with/Child (Sexual Contact)2nd Degree-21.11(a)(1)

Injury to a child or Elderly or Disabled Individual, 1st Degree-22.04 (applies only to Child Victim 14 or younger)

-Murder, 1st Degree-19.02

-Sexual Performance by a Child-43.25, all subsections

 

A Felony Increased Under Health & Safety Code 481.134 (Drug-Free Zones).

A felony Increased Under Health & Safety Code 481.40 (Use of Child in Commission of Offense).

***Continuing Trafficking of Persons–20A.03

Calendar Time=1/2Minimum of 2 years.Maximum of 30 years. 

 

 

 

 

Calendar Time = ½

Minimum of 3 years; 19.02, 22.011 or 22.021

 

 

CCP, Art 42.12Govt. Code 508.046Full Board Vote + Written Report from Texas Department of Criminal Justice, regardless of date of offense ONLY for the following offenses:-Agg Sexual Assault-22.021 (includes predecessor offenses for Agg Sexual Abuse and Agg Rape)

-Indecency with a child (Sexual Contact)-21.11(a)(1)

SB45 Effective 09/01/1995

 

 

-Extraordinary Vote

Effective 09/01/2007

Effective 09/01/2009

 

 

 

 

Effective 09/01/2011

Medically Recommended IntensiveSupervision (MRIS)Condition requiring long term careElderly

Mentally Ill

Mentally Retarded

Physically Handicapped

Terminally Ill

3g offenses are eligibleSex Offenders are now eligible if:-Persistent vegetative state,-Organic brain syndrome

-Significant or total mobility impairment

-Can be earlier than parole eligibility date

-Based on medical evaluation, offender is no longer a threat to society, Sentence of death excluded.

Life without Parole excluded.

Govt. Code 508.146 as described in 508.145(f) Above criteria + approval by Texas Correctional Office on Offenders with Medical and Mental Impairments (TCOOMMI). 

 

 

 

*Effective 09/01/2007

All other 1st, 2nd, and 3rd degree felony offenses (a court may reduce the punishment of a 3rd degree felony by imposing the confinement of a Class A Misdemeanor). Calendar Time + Good Time = ¼, including work credits and bonus time, Maximum of 15 years.
Drug-Free Zones Calendar Time = 5 years or maximum term, whichever is less. Govt. code 508.145(e)
State Jail Felonies Parole Eligibility is NOT applicable Confinement is to a state jail for any term of not more than two years or less than 180 days.

Stay tuned for a continuation of this Chart for other offenses

What is Mandatory Supervision?

Mandatory Supervision is a legislatively mandated release of a prisoner to parole supervision when the combination of actual calendar time and good conduct time equal the sentence. Good conduct time is credited to an offender for participating in work and self-improvement programs.

Not all offenders are eligible. Offenders convicted of offenses listed under §508.149(a) Government Code, are not eligible. Also, the Board may deny mandatory release on a case-by-case basis for offenders whose offense date was on or after September 1, 1996 (Discretionary Mandatory Release).

Offenders not eligible for mandatory supervision (those serving a sentence for a violent offense as listed in §508.149(a) of the Texas Government Code):

  • Aggravated Assault, 1st or 2nd Degree
  • Aggravated Kidnapping, 1st or 2nd Degree
  • Aggravated Robbery, 1st Degree
  • Aggravated Sexual Assault, 1st Degree
  • Any Offense with an Affirmative Finding of a Deadly Weapon
  • Arson, 1st Degree
  • Burglary, 1st Degree
  • Capital Murder
  • Compelling Prostitution
  • Continuous Sex Abuse of a Young Child or Children
  • Indecency with a Child
  • Injury to a Child, Elderly, or Disabled Individual, 1st Degree
  • Murder, 1st or 2nd Degree
  • Robbery, 2nd Degree
  • Sexual Assault
  • Sexual Performance by a Child
  • Trafficking of Persons

A Felony Increased Under Health and Safety Code (Drug-Free Zones)

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