Articles Posted in parole

Inmates across Texas having been asking their parole lawyers about Texas House Bill 1271. During the last legislative session a bill was introduced that would modify Texas Government Code Section 498 and greatly broaden the application of good conduct time to parole eligibility for certain inmates convicted of serious crimes.

Specifically, HB 1271 would have required TDCJ to apply good time credits to inmates convicted of 3(g) offenses  –

  • Murder;

As of June 2019, TDCJ inmate release upon granting of parole has slowed down significantly, according to conversations I have had with both clients and TDCJ parole personnel.

The slow down appears to be due primarily to TDCJ staff shortages. I’m hoping the bottleneck is not permanent, but my sources seem skeptical that the problem will be alleviated any time soon.

For now, I’m hearing the projected time tables are as follows:

Defendants contemplating a plea bargain deal for prison time need to know how much time they will actually serve before being eligible for parole. One key component to understanding your parole eligibility calculation is the “good time credits” awarded by TDCJ. When doing ball park eligibility calculations, family members sometimes rely on the general rule of thumb that if the inmate doesn’t get in trouble, he gets one day of good time credit for each “calendar” day he serves (Inmates normally refer to calendar as “flat time”).

But the actual rules are more complicated. Although you certainly don’t need to understand every nuance in the law, a general grasp of what good time you can earn (and what can be taken away) is important when planning for a post-prison future.

The first thing to know is that the statutory framework for awarding good time is hard to understand if you don’t already have knowledge of how TDCJ classification works. For anyone sentenced on or after September 1, 1987 (referred to awkwardly in the system as “70th Legislature offenders”) you earn a certain amount of days of good conduct time per 30 days calendar time served. The specific number of days you can earn depends on your classification. For example, if you’re designated as “Line CLass I” you can earn a maximum of 20 days per 30-day period. In addition, the statue authorizes TDCJ to award a “Line Class 1” inmate 15 days of work time credit. So, if you start out classified as Line Class 1, get a job and keep it, and don’t get in administrative trouble, you’ll bet cruising along earning 65 days total credit for each 30-day period – 30 days flat time, 20 days good time, and 15 days work time.

Texas parole blogs often warn inmates that they should never waive a right to a revocation hearing. This is good advice, but unfortunately the intended audience is usually already incarcerated and doesn’t get to hear it.

So this entry is for those individuals newly released to parole who are currently in good standing with their PO but who need to know the consequences of waiving their right to a revocation hearing. Rather than dryly outline the procedures — blue warrant, arrest, meeting with PO, preliminary hearing, revocation hearing — I think an illustrative PO tactic is better. At least it gives you some strategic insight.

There comes a point in any revocation when the PO attempts to “sell” the parolee on waiving his rights to a revocation hearing. Usually, this occurs with the two actors — PO and parolee — facing each other, with wire mesh or safety glass between them. Often each person will have a plastic jail phone receiver pressed up against his or her ear.