Many want to know when their loved one is eligible for parole. The answer depends on your loved one’s sentence and offense. Section 508.145 of the Texas Government Code specifies who is eligible for release on parole and when. This section starts with parole exclusions, continues with parole exceptions, and ends with the general rule for parole eligibility in subsection (f).
The General Rule
Parole Eligibility = 1/4 of Sentence
1/4 of Sentence = Calendar Time Served + Good Conduct Time (see our blog post on Good Conduct Time)
Parole-Ineligible Sentences and Offenses
The following sentences and offenses are NOT eligible for parole.
- a Death Sentence;
- a Life Sentence without Parole;
- the offense of Continuous Sexual Abuse of Young Child or Children under section 21.02 of the Texas Penal Code;
- the offense of Aggravated Sexual Assault punishable under subsection (f) of section 22.021 of the Texas Penal Code;
- Continuous Trafficking of Persons under section 20A.03 of the Texas Penal Code or other Sexually Violent Offense where the defendant has previously been finally convicted of Continuous Trafficking of Persons or other Sexually Violent Offense (see section 508.145(d)(3) of the Texas Government Code)
Delayed Parole Eligibility Without Good Conduct
The following offenses are NOT eligible for good conduct consideration and NOT eligible for parole UNTIL calendar time served equals:
- 40 Years – for capital offenses committed when younger than 18 under section 12.31(a)(1) of the Texas Penal Code;
- 35 Years – for:
- Child Trafficking AND causing the trafficked child to engage in or be the victim of specified crimes, benefitting from foregoing offense, or engaging in sexual conduct with a trafficked child (see section 20A.02(a)(7) and (8) of the Texas Penal Code);
- Indecency With A Child under section 21.11 of the Texas Penal Code;
- Aggravated Sexual Assault under section 22.021 of the Texas Penal Code;
- Sexual Assault under section 22.011 of the Texas Penal Code;
- Aggravated Kidnapping with the intent to inflict bodily injury, violate, or sexually abuse the person abducted under section 20.04(a)(4) of the Texas Penal Code;
- First Degree Felony Burglary under section 30.02(d) of the Texas Penal Code; or
- Burglary with intent to commit Indecency With A Child.
- Lesser of One-Half Sentence or 30 Years – for:
- Any of the Sixteen Offenses under Article 42A.054(a) of the Texas Code of Criminal Procedure, except Capital Murder (also known as 3g offenses);
- Any felony judgment with an affirmative finding regarding the use or exhibition of a deadly weapon, including a firearm. (see Article 42A.054(c) or (d) of the Texas Code of Criminal Procedure);
- Continuous Trafficking of Persons under section 20A.03 of the Texas Penal Code; or
- Engaging in Organized Criminal Activity or Directing Activities of Criminal Street Gangs under sections 71.02 and 71.023 of the Texas Penal Code.
- The Fugitive Exception. Persons Serving Sentences for Murder, Indecency with a Child, or Aggravated Sexual Assault earliest date of parole eligibility is delayed by three (3) years from the date provided above for every 12 months that elapse between the date an arrest warrant is issued following an indictment and the date of arrest. (see section 508.145(d-1) of the Texas Government Code).
- Lesser of Five Years or Term – for:
- Drug Free Zone Increase. Anyone serving a sentence for which the punishment is increased under section 481.134 of the Texas Health and Safety Code, is not parole eligible until the actual calendar time served, without consideration of good conduct time, equals five years or the term sentenced, whichever is less.
Unfortunately, we cannot help if your loved one is ineligible for parole. However, with delayed parole eligibility, your loved one still has the opportunity to gain an early release on parole, and we can help.
The experienced parole attorneys at the Cox Law Firm want to lead your loved one to a successful parole hearing. We will ensure the parole panel hears your loved one’s story. Please, contact us if you have any further questions about the parole process or want our support representing your loved one.