I am new to PTO. PTO seems to be a very supportive and informative network for those with loved ones incarcerated. I have a question concerning parole/parole revocation. Basically, my fiance is currently incarcerated in a TX State Jail SATP facility. His background is that in 1990 he was sentenced to 18 years for aggravated burglary. He did 12 years, was paroled in December 2002.

He has recently committed a parole violation in October 2003. He said him and his lawyer made a deal "before" he was indicted to serve 14 months in a SATP facility, with him enrolling in a SATP program which from what I was told is an intense rehabilitation program. He was assured by taking this deal his parole would NOT be revoked.

However, he has recently had a parole hearing, which was a surprise to him? His lawyer said he wasn't showing up for it, he pleaded his case, saying he really wanted treatment and that prison doesn't provide that, he has a fiance that lives in NY, his parents are very sick, and he wants to get rehabilitated for his problem etc. etc. The parole team recommended revocation. He is upset because he said he was assured his parole would not be revoked.

I guess my question is whomever makes the final say concerning his parole do they follow the recommendation of the board? Will he be sent back to TDC? When would he be eligible again? He stated that a lot of inmates have their parole revoked and can parole out of a SATP facility, and not necessarily be sent back to TDC/prison. Could someone kindly advise. I am heart broken. I love him very much.

Any advice you could give would be greatly appreciated. Also he wants me to write to request a special contact visit, but don't you have to go with a family member to have a contact visit? No one visits nor writes him of his family in TX. TX rules are very different than NY. Thank you in advance for the consideration.

In a hearing, there is a recommendation elicited from the parole officer, and there is a written report prepared by the Hearing Officer that will also have a recommendation. From there the file moves to a panel analyst who may or may not have a recommendation that is given to the Board. The Board is more likely to follow recommendations from the Hearing Officer or Panel Analyst than from the Parole Officer (since many seem pre-programmed to automatically recommend revocation).

A judge or DA cannot make a promise in a plea bargain that the parole will not be revoked because they have no control over that process.

I'm a little confused by "Aggravated Burglary" because there is no such charge in Texas. We do have an offense that is basically Burglary with intent to commit another named offense," and that is charged at the first degree level. If he did 12 on 18, he either had some significant disciplinary issues the first time around or he has one of the Burglary WITC another offense cases...

He is technically eligible for parole review as soon as a revocation decision is made by the Board because of how much flat time has been done.

If the Board decision has not yet come back, then I would suggest keeping fingers and toes crossed. If it does come back with a revocation decision, then it may be worth pursuing a motion to reopen, although that process is severely backlogged right now and is taking as much as six months from the date the motion is submitted.

Well in Missouri they might be revoked, but then it goes back to the board again. Then they can put him back on parole. That is what happed to my guy! It is just a paper work thing!

Thanks for responding. For quite awhile I was unable to post, but now my security settings are fixed, Yeah!

On a serious note, I am even more confused do to the fact I was under the impression that he was going to serve the 14 months he was sentenced to at the SATF facility. I called Huntsville to see if the parole board made a decision, and was told they haven't voted on it yet. He said the parole board told him even if his parole was revoked, he could possibly parole out of the SATF facility. Now out of the blue, he was tranferred to the Middleton unit the first of the year. What is going on with that, and what does that mean? What is your assessment of the situation? I greatly appreciate all replies. Till next time PTO......

Centexlyn,

All I know is that he was a gun wielder in a robbery. He didn't hurt another individual. Does this help to figure out what he was originally charged with? Let me know. Thanks for your replies.