Austin Parole Lawyers

In Texas, the parole system plays a crucial role in managing the sentences of offenders. This system allows some prisoners to finish their sentences outside of prison under strict conditions. Understanding how parole works is key if you or someone you know is facing this process. 

What Is Parole?

Parole is the release of an offender from prison, decided by the Texas Board of Pardons and Paroles, to serve the rest of their sentence in the community under supervision. It's important to know that getting parole is a privilege, not a right, which means it's not guaranteed. The Board's decision is influenced by several factors, including the offender's behavior in prison and the nature of their crime.

What Is Mandatory Supervision?

Mandatory supervision is a type of release from prison set by law. It occurs when the time you have actually served, plus the time earned for good behavior, equals the total sentence handed down by the court. However, not everyone is eligible for this. If you were convicted of certain serious crimes, or if your crime was committed after a specific date, you might not qualify for mandatory supervision. The Board of Pardons and Paroles also has the power to deny mandatory release based on individual cases. This decision takes into account both your behavior while incarcerated and the circumstances of your original offense.

Who Is Eligible for Parole in Texas?

When you are serving time in Texas, the Texas Department of Criminal Justice (TDCJ) figures out when you might be eligible for parole. This doesn't include everyone—especially not those on death row or others under specific exceptions. The percentage of your sentence that you need to serve before you can be considered for parole depends on the crime you were convicted for, and this is set by law. Also, if you behave well in prison, participating in work and self-improvement programs, you might earn good conduct time. This can help bring forward your parole eligibility date.

Parole and Mandatory Release

Both parole and mandatory release mean you would finish your sentence under supervision outside of prison. However, there are key differences in how you qualify for each. For parole, the decision to release you early is made by the Board of Pardons and Paroles based on various factors, including your behavior and the nature of your crime. Mandatory release, on the other hand, is automatic when your time served plus your good conduct time equals your full sentence, but only if your crime isn’t on the list of more severe crimes set by law. Both types of release come with conditions you must follow, and breaking these can result in severe consequences, including possibly being sent back to prison.

Parole Review Periods and Multi-Year Reviews

Once you are eligible for parole, you don’t just get one shot. Typically, you get a chance every year to be considered for release unless you were convicted of serious offenses involving injury to children, elderly, or disabled individuals, or certain other crimes. In those cases, the board might not look at your case again for up to ten years. This is called a multi-year review. These extended review periods are for those considered to have a higher risk of reoffending or those who have committed particularly violent acts.

Parole Review Process

The process of reviewing your parole starts about six months before your first eligibility date and four months before any subsequent dates. Initially, the Texas Department of Criminal Justice (TDCJ) points out which offender files need review. People like trial officials, victims, and their families then receive a notice about the upcoming review.

At this stage, an Institutional Parole Officer (IPO) meets with you to discuss your case and write a summary. This summary helps the Parole Panel understand your situation better. The IPO sends your file to the board office, where the panel members will review it.

The panel has three members, and they vote to make a decision about your parole. They vote one at a time. If the first two members agree, their decision stands. If they disagree, the third member votes to break the tie. Sometimes, a panel member may want to talk to you directly, and they must talk to any victims who ask for a meeting. After they decide, you get a letter telling you the result. If they say no, they’ll also tell you when they’ll look at your case again. If they say yes, they might set some special rules you need to follow.