Texas Parole and "Mandatory" Release
Jordan Smith, author of the column Reefer Madness, writes an excellent piece in this week’s Austin Chronicle about Texas’ unreasonable parole system, and a pending lawsuit that seeks to change it.
The actual parole rate for Texas non-violent inmates is substantially lower than the “recommended” rate. Translation? Folks convicted of felony offenses in Texas are serving higher and higher percentages of their sentences, even when they accumulate substantial good-time credit. Many serve their full sentence, despite all of their “good-time credit”.
“Mandatory Release”, which is what it is still called, has not been mandatory since 1996. Mandatory Release on parole used to happen when an inmate’s good time credit, plus his actual time served equaled his sentence.
A plain English typical example: hypothetical defendant is sentenced to 4 years prison for possession of 2 grams of cocaine. After 2 real years in prison, the inmate has accrued 2 years of good conduct time as well (meaning he has not violated any prison rules, has participated in vocational programs etc.)
His total time then would be 2 real years + 2 good time credit years, for a total of 4 years. Under the pre-1996 laws, he would be released on parole automatically (assuming he hadn’t previously qualified for parole). He would still have to serve 2 more years of supervision, report to a parole officer, be subject to drug testing, participate in aftercare, etc. But he would be released – and thus cost the taxpayers a lot less money as well.
Under the current system, however, mandatory release is discretionary. That’s right. Mandatory = discretionary.
Smith quotes parole attorney Bill Habern on the current state of Texas Parole law:
“I’ve never seen such a dysfunctional system as exists in Texas” – a system that allows the parole board to become a “bully.” “They’ve been bullies so long that they’re just used to it.”
But it’s not the individual members that are the problem, he says; it’s the system they work under.
“It’s not the members of the team playing on the field,” that slant things, he says. “It’s the field,” that’s slanted.
And remember, we’re not talking murder, robbery, sexual assault here. Those offenses were never eligible for mandatory release under the old rules. We’re talking primarily about drug possession cases.
It is not only inmates incarcerated for drug related crimes do not make parole when they follow all of the rules and stay out of trouble. I know someone who got a 6 year sentence for assault with a deadly weapon which was a baseball bat and the victim did not even go to the hospital. To top it all off, the victim was thrown out of court due to his behaviour. Jumping over benches to get to the front of the court.
The inmate was initially sentenced to 6 years of probation but due to depression and personal issues he did not comply. He said they had every right to send him to prison. He made a mistake and he should pay for it. He has participated in all programs and educational courses he had time to take and did not get into any type of trouble except for one verbal reprimand. When he first came up for parole it was turned down. No explanation was given to him at all and they would not tell anyone who inquired why it was denied. He is in the fifth year of his sentence and he did finally make parole this year.
And the length of time it takes to process it parole is beyond my understanding. Today is April the 15th. The process started March the 9th and he is still there.
When you call they (with the exception of two people who actually take the time to look) tell you the same thing. What needs to take place before the release date is set, and all of it has happened with the exception of issuing the release certificate. I call the number in Austin given to me to get the date of release almost every day. They might as well have an automated number because they sound like a broken record. I think it is mainly due to state employees who spend more time drinking coffee and taking breaks than they do performing they're jobs. This is costing the taxpayer how much a day while they twiddle they're thumbs????
The prison system is run to provide job security for the people either working or managing the system why else would they hold somebody who has rightfully done their time?
The prison system is run to provide job security for the people either working or managing the system why else would they hold somebody who has rightfully done their time?BULL CRAP,you refused to submit this comment for no reason.this was the only comment I submitted.
The prison system is run to provide job security for the people either working or managing the system why else would they hold somebody who has rightfully done their time?You refused to submit this comment for no reason.this was the only comment I submitted.
The prison system is run to provide job security for the people either working or managing the system why else would they hold somebody who has rightfully done their time?You refused to submit this comment for no reason.this was the only comment I submitted.
My Sweetheart has been in "review" for over 6 months now. At first they told me it would be weeks, not months for them to make a decision, and it looked "favorable". I don't know who I spoke with, but whoever it was, lied to me. He was arrested on a PI, but the report before the Judge stated DWI. As it did with the Parole Board. How can you fight that? He is an alcoholic, and this is not the first time he has been punished for his disease,however he will be 66 years old in January, and his health is deterioting. I will be 63,and disabled, and need him home desperatly. Who reads this? Who has the heart to imagine the many tears I shed? Who cares that I am about to loose our home because I can't work and on a very meager Social Security? And as everyone knows, his SS stopped as soon as he was incarcerated. Who cares that I am so lonely and scared sometimes I just want to die without him? Who Cares?
The way a regular person is treated in Texas for a any crime should be the same as those public officials doing the same crime, ignored. Our upstanding public officials with porno on their computers, sleeping with children, spending our tax dollars on prostitutes and stealing our public funds should not be allowed to judge anyone because they don't know what is right or wrong. No matter how small the crime, once a conviction is made, that person's life, his or her spouse's life, and their children's lives are ruined or drastically changed forever. The Texas criminal system makes it so unbearable to live up to the conditions of probation that hardly any make it through. Inevitably, they are sent to prison and their all their rights are taken away. Inmates are stripped of all their pride and treated as animals with no hope of release. The Texas Parole system is in bad need of rework, the prison system is in bad need of rehabilitation of inmates, and the legal system needs to work towards helping inmates get early releases so they can get back to their families. Inmates should have the opportunity to work in prison to pay their way or gain credit on their time. Inmates should be released as per the Texas Criminal Justice rules, when time served and good time credit equal their sentence. Inmates have nothing to look forward to but disappointment. Our system needs to change.
Janett, I am right there with you 100%
How can the unrighteous judge the unrighteous? Crazy sounding to me and if anyone wonders how I can bring the word "righteous" up in this comment, visit the websters dictionary and search for the word "justice". IT FLOORED ME!
Just a bunch of hypocrites, not even politics anymore. Who gave these people the right!?!?! WE DID! TIME TO VOTE!
I can relate to many of the tears that have been shed, the lonely nights, finicail problems as well as all the lies. One after another they nevr seem to stop. Its like we are all on a Marry-Go-Round, they getting a kick out of it. Anyways the love of my life is serving out his 2 yrs as of now. Since Feb. 27th 2008. This is his very first time to prision, he was suppose to see parole on May 20th, but it's June 19th and he still being "bullied" by the gaurds on a day to day basis. I mean he is in Changes, getting his GED and works in the Kitchen, goes to Church and still he can go to work at the kitchen and apon his returns ALL of his belongings are gone; mattress, bowl, spoon, letters, pictures, stamps, paper, pen, envelopes, etc. With no warning or reason. Now he is on restriction for 30 days for asking what happen to his things to a guard. Now the only letters I get are sad sobbing stories. I hurts you to know that the one you love is needing you just as much as you are needing them. Why can't they understand that everybody is human WE ALL MAKE MISTAKES. Who are we to judge the flesh? Like I tell baby in every letter, "STAY UP AND P.U.S.H. (Pray Until Something Happens) It can't rain forever...Til pen meets pad again... "
My nephew was put in prison days after he turned 17. Two 16 year old boys had a metal pipe and were gonna rob my nephew. Instead, he took the pipe away and one of the boys had to go to the e.r. for two hours and was able to go home. The other was o.k. My nephew was sentenced to 10 years. He has been denied parole 8 years now. He is now 25. Over the years he has got his G.E.D, he has been one of the top students in his welding class, and only has to file for his certificate to become an ordain minister. Is that crazy or what? I searched for help online . I have read so many complaints and stories like mine, but never was able to find who to turn to for help.
I am not very familiar with the system well not unitl recently, my husband is being voted on as we speak. I hope he receives his RMS. He as no infractional, good time, work time. He was sentenced to 2 years, on a non aggrevated case. He has served 10 months. So far everyone has been very helpful when I call Austin. I pray for favor, I must be getting it!
correction on the above statement. my husband has no infractions, but he does have good and work time (sorr)
correction on the above statement. my husband has no infractions, but he does have good and work time (sorry) Sasha
I am looking for the outcome and pasing of a bill propossed in 2007 to be passed this September 2008 for Mandatory release for parolees.
Question: my son was convicted of failure to stop and render aid. He was denied parole and got a SA. what does this mean? he was the hitee not the hiter and the others didn't get any kind of court issues or charges. he's up for projected in feb 09 and i am concerned.
My son in Mineral Wells a "Pre-Parole transfer facility" in name only. It's a private facility owned by CCA. They never parole DWI offenders. As a matter of fact they never parole many offenders at all. They receive about 55 dollars per day per in-mate. Sparse and I do mean Sparse food portions. 2 Correctional Officers for 300 in-mates, you basically fend for yourself. OH least we forget the offenders put up with this inhumane treatment, because of contact visits, phones and A/C. If your in Mineral Wells do not look to be paroled. CCA owner needs every dime he can hoard. God will be his judge. There are gangs, drugs, riots, etc in this place. Someone needs to stop the violence in Mineral Wells. We pray our loved one get outs safe but sure counseling will be required and disability. What is wrong with TEXAS, rehab units instead of prison. Ann Richards, RIP, had it right. Oh is there a board of parole and pardons, didn't know that? Our loved one saw no one and got a slip of paper 4 months later stating denied parole. MINERAL WELLS AND CCA OWNER PLEASE TAKE CARE OF THE RESPONSIBILITY PLACED IN YOUR HANDS. GOD WILL BE YOUR JUDGE. THAT WILL BE OUR JUSTICE.There are roaches as large as mice in that god-forsaken old building, God only knows what else, black mold, etc.The offenders are angry, they are model prisoners who have been denied parole 2 to 3 times. It does not take an idiot to figure this one out. I hope they shut this place down. I believe CCA owner has enough money in his wallet to survice. MY VETERAN family of many generations fought for this????? Wake up world, it can happen in a second and you and your family will be thrown in this nightmare. NO your not IMMMUNED to this. DON'T EVEN THINK ABOUT IT.I used to think prison was where they sent bad people, but guess what accidents can happen, yes even to you and your family.TEXAS PRISONS NEEDS REFORM AS WELL AS BOARD OF PARDONS AND PAROLES.
My son in Mineral Wells a "Pre-Parole transfer facility" in name only. It's a private facility owned by CCA. They never parole DWI offenders. As a matter of fact they never parole many offenders at all. They receive about 55 dollars per day per in-mate. Sparse and I do mean Sparse food portions. 2 Correctional Officers for 300 in-mates, you basically fend for yourself. OH least we forget the offenders put up with this inhumane treatment, because of contact visits, phones and A/C. If your in Mineral Wells do not look to be paroled. CCA owner needs every dime he can hoard. God will be his judge. There are gangs, drugs, riots, etc in this place. Someone needs to stop the violence in Mineral Wells. We pray our loved one get outs safe but sure counseling will be required and disability. What is wrong with TEXAS, rehab units instead of prison. Ann Richards, RIP, had it right. Oh is there a board of parole and pardons, didn't know that? Our loved one saw no one and got a slip of paper 4 months later stating denied parole. MINERAL WELLS AND CCA OWNER PLEASE TAKE CARE OF THE RESPONSIBILITY PLACED IN YOUR HANDS. GOD WILL BE YOUR JUDGE. THAT WILL BE OUR JUSTICE.There are roaches as large as mice in that god-forsaken old building, God only knows what else, black mold, etc.The offenders are angry, they are model prisoners who have been denied parole 2 to 3 times. It does not take an idiot to figure this one out. I hope they shut this place down. I believe CCA owner has enough money in his wallet to survice. MY VETERAN family of many generations fought for this????? Wake up world, it can happen in a second and you and your family will be thrown in this nightmare. NO your not IMMMUNED to this. DON'T EVEN THINK ABOUT IT.I used to think prison was where they sent bad people, but guess what accidents can happen, yes even to you and your family.TEXAS PRISONS NEEDS REFORM AS WELL AS BOARD OF PARDONS AND PAROLES.