View Full Version : Does being in county too long hurt his chances of being paroled?


scchic
01-19-2009, 02:12 PM
Hi everyone! I have a concern that hopefully some of you veterens can offer some advice or wisdom on. My husband has been in county for 2 months now and still hasn't caught chain. I called the district clerk on Thursday to see if his file has been sent to the state yet and she told me that she just got an email that day that his file is missing and that she needs to put another one together to send to the sherriff's office. I was also told that the state has 45 days from when they received his file to get him not 45 days from when he started his time. Is this correct?? If this is correct than that means my husband will have done about 4 1/2 months in county before he has caught chain.

My next question and concern is that my husband has heard that TDCJ wants you to spend some time in TDCJ (at least 6 months is what he was told) before they will seriously consider you for parole. My husband will be in review almost as soon as he arrives at TDCJ. What is everyone's opinion or experience on this? Does being in county too long affect you when it comes time for parole? Even if the stupid county lost your file??

JaycieDnTejas
01-19-2009, 03:19 PM
Hi - I can't answer all of your questions, but I believe you are correct in the 45 days from the time TDCJ receives his file from county, but each situation may be handled differently (since someone "lost" his file maybe they will come pick him up sooner than 45 days after they actually receive his file)....in my opinion, one good thing about spending time in county is that the time usually counts as 2 for 1 -- I can tell you that my daughter got credit for 2 for 1 county time, plus good and work time credits and she was eligible for parole after being in TDCJ custody a little over 2 months and that was on a 5-year sentence....she had been in county for about 4 1/2 months. When your husband arrives at TDCJ, he will be given information on his parole eligiblity date pretty much immediately because it is calculated during the intake process, if not before. His eligibility date (parole eligiblity date = PED) will also appear on the TDCJ website.

If his offense is not an aggravated (3G) offense then when his flat, good and work time equal 1/4 of his sentence then he will be eligible for parole.

I hope I've helped you at least a little bit.

KennyKamm
01-19-2009, 04:07 PM
Another positive is that in county, usually they are able to place phone calls more often. Hope all turns out good for you. I'll be praying for y'all.

scchic
01-19-2009, 05:33 PM
He has a 3 year sentence on a non-agg. He is in a really good county jail that is very laid back and everyone is really nice. We are able to have 2 non-contact visits a week, which often times is for an hour a more and he is able to call often. I am not complaining about him being in county jail. It was the best situation we could have asked for, but we also understand that as long as he is in county he is unable (or much more difficult) to be paroled out. From what I have read from everyone's posts it seems that TDC wants them to go through their system first.

Jaycie- I hope you are right about him getting 2 for 1 in county. We have heard that you get 1 for 1, we have also heard that you get 3 for 1 if you are at county doing TDCJ time.

I am glad to hear that TDCJ will give him information about his parole eligibility date during the intake process. At least we won't be having to wait for the info.

RobinsMan
01-20-2009, 10:30 AM
TDC has 45 days after they receive the paperwork from county to pick him before they have to start paying for his to stay there. He won't get 2for1 county time applied to his TDC sentence but he should be awarded TDC good time, in addition to plain calander days, for the time he spends there. Of course, until they receive his paperwork, TDC doesn't even know about him to consider him for parole. I think that it is fairly common for people with short sentences to not make it to TDC until after their PED but not because they were in county for a particularly long time. Time to parole on a three year sentence is four months and that just isn't very long if someone has a little bit of back time coming. This doesn't so much hurt his chances, I think, as it does delay his review as compared to his PED. Someone with a longer sentence will make it to TDC well before their PRD and so TDC will have a chance to start his review early enough to have an answer close to his PED as opposed to perhaps just getting one started in you husbands case. What he says about the parole board wanting them to spend some time inside is true but they parole some people directly from county so there are exceptions.

scchic
01-20-2009, 11:24 PM
Once again thank you Robinsman for your insight. What is TDC good time worth? Do you get so many days for each calendar day you spend in county jail, if it's not 2 for 1? I wish my husband would be able to be paroled from the county jail he's at right now, but I am sure that it would be just that; wishful thinking. What are some of the exceptions as to why or how someone could be paroled from county?

RobinsMan
01-21-2009, 06:24 AM
Initially, TDC good time is approximately 2for1 (35 days of good time for every 30 days calander, or flat, time) but, in county, that 2for1 actually reduces the length of the sentence and that is not the case with TDC good time. TDC good time counts towards a persons eligiblity dates for parole and release to mandatory superivsion as long as they are elgible for either in the first place. For example, many folk are eligible for parole when their flat plus their good time equal one quarter of their sentence and are eligible for release to mandatory supervision when the two add up to the length of their sentence.

I honestly have no idea how TDC decides who to parole from county (called parole in absentia) but I would imagine that they have some narrow critera for identifying who they might do this with. It seems that it must at least include the circumstance where they have remained in county for some appreciable time after their paperwork has been received by TDC for them to know about them in the first place and then to decide to go ahead and get a review going. It is a very few number of these that happen so I think you should expect him to be transferred to TDC as usual. It seems I recall the total number released on parole from county jail in 2007 (from the BPP report) to be around 50 inmates.

cocovallejo
01-21-2009, 08:45 AM
My husband was paroled out of the county... It is called Parole in Abstencia... Don't worry he is getting credit for time being there.... Each parole situation is "Very" Different.... Both my husband I and were told that he was not going to be granted parole because he had not done anytime at TDCJ... but that is completely false... Miracles do happen....

whitey1039
01-24-2009, 02:06 PM
I had a three yr sent and spent 6 months in county waiting to go to TDC, as soon as i got to gurney unit i was up for my first parole. i was denied because they said i did not have enough time in prison and the county time was not good enough.

scchic
01-24-2009, 04:53 PM
Whitey1039 - That's what I am afraid of. It's just not fair that they don't treat your time in county as the same as TDC time. How frustrating it must have been for you. I hope and pray that my husband will get transferred to TDCJ soon for that very reason.

Mark2008
01-24-2009, 11:45 PM
Hi scchic,

That case sounds similiar to mine.

The "official" rule may say TDCJ has 45 days to pick them up, but that is really just when the payments kick in. After 45 days, TDCJ has to pay the county for holding them (cause it takes up bed space that could be used to house county inmates). Sometimes it takes longer than that if TDCJ is really backed up. It's not too unusual to have to wait 3-4 months AFTER sentencing.

Yes, because his sentence is a state sentence (rather than county), his time will be calculated under TDCJ rules rather than county rules. It DOES NOT MATTER where he is physically housed; it's a TDCJ sentence. I did about 45 percent of my time in various county jails and parole violators' facility. TDCJ figures good time at: 30 days per month flat time + 20 days per month good time + 15 days per month work time = 65 days per month total credit, if you don't lose any on disciplinary cases.

Now, because there is longer mandatory release (abolished in 1996), good time credit is like monopoly money. You can get all you want, but it isn't worth much. In the old days (like mine) you got an AUTOMATIC OUT when your credits (flat+good+work) added up to your total sentence. Now, all that gains you is a PAROLE REVIEW. You NEVER actually get out until you get voted out or discharge the whole thing. (The law was changed because too many BAD people were getting out and the parole board was powerless to stop it. They would get out and commit new crimes and there was a public/media outrage.) You NEVER lose flat time credit, so that's the best barometer.

So, given that, he will get a parole review after about 16 months. Yes, technically he is eligible much earlier (I was eligible on the day i walked through the door at TDCJ). But the reality is that they have sooooo many people to deal with. The short-timers fall through the cracks in that regard. The court feels like if they sentence someone to 3 years, they ought to at least serve a good deal of that. Otherwise, the sentence is a joke. So there are very few in-and-outs anymore. My guess is he'll get a parole review at around 16 months, get denied (most do) and get approved second time around after about 24-26 months.

Now, the good side is that every day he spends inside is one less day that he will have to spend on parole. Parole will try to make your life a shear living hell. It got so frustrating for me that I kept intentionally violating in order to go back and get my sentence completed rather than deal with parole restrictions. so even though I was released on mandatory release after doing 11 months on a 24-month sentence, I ended doing about 11 more months (93 percent of my total sentence) in a combination of county jails, TDCJ units and parole violators facilities.

Hope this is helpful.

RobinsMan
01-26-2009, 06:32 AM
He will be reviewed for parole long before 16 months is up - unless county simply never sends in his paperwork - and he will also be voted on for release to mandatory supervision before 16 months. I think that a first vote for parole might take up to 6 to 8 months once they start the review but it can easily be less than than. Robin started out with a 3 year, non aggravated sentence and was eligible for parole before she transferred to TDC. They began her parole review the next week but it got tabled when she was bench warranted to another county to take care of pending charges. About four months later she transferred back with a new 5 year sentences running concurrent with the 3 year but she was still eligible for parole since she had done enough time for that. Her review picked back up and she was voted on (denied) 8 months after her review began which included the interruption due to the bench warrant. She was denied parole again (serve all) on another review 8 months later before being released to mandatory supervision after serving 25 months of a five year sentence. She had never been to prison before but she could have done a lot worse than 25 months considering she was serving four consecutive sentences (one for 3 years and three for 5) for her 3rd, 4th, 5th and 6th DWI.

Mark2008
01-26-2009, 06:47 AM
25 months on a five-year bid (with multiple cases)?? Day at the beach in comparison to some others.

RobinsMan
01-26-2009, 06:59 AM
Not everything works out to be worst case. She was very lucky but if she goes back there will be no luck to be had.

Mark2008
01-26-2009, 07:37 AM
My husband was paroled out of the county... It is called Parole in Abstencia... Don't worry he is getting credit for time being there.... Each parole situation is "Very" Different.... Both my husband I and were told that he was not going to be granted parole because he had not done anytime at TDCJ... but that is completely false... Miracles do happen....


How much time had you done in county? I've heard of it happening, as well, albeit rarely. Usually the cases were onces where the person had a lot of pre-trial time in county and a short sentence.

scchic
01-26-2009, 11:22 AM
R'sman. Thanks for being direct and still leaving me a little hope. I hope and pray that we are not a worst case scenerio. I was pretty depressed and down after reading that he would not be reviewed for 16 months!! Almost devastating news, as I was thinking it would be around 6-9 months that we would at least hear something.

I have been calling the county every other day to see if they had gotten his file put together and sent out yet, and it's been over a week since they said they were going to have it sent out. Still not done yet!!

Thank you everyone for your input and experience. I am going to take the best pieces from everyone's post and hang on to that, as we all need hope or all is lost.

streetbolt
09-27-2011, 12:18 PM
My son was bench warranted back to his home county right after arriving at TDCJ in Abilene. We lived on the other side of the state but my son's charge of intox. assault w/vehicle originated in Wichita Falls so sadly when he messed up and got his 10 yr. probation revoked they sent him to Abilene. Our sheriff bench warranted him back but it looks like that it's costing him time. The parole board denied him for the second time even though his projected release date was always Nov. 4th for two years. He thought because he was a model prisoner, made trustee a year ago and had letters from the sherrif, deputies, dispachers, jailers, family and friends but no one ever came to see him or ask about his conduct. We would have gotten the word out better if we honestly thought we needed more letters but we thought project release date was calculated by tdcj according to his record which of course never changed from the time he was incarcerated till now but they listed 5 more reasons why he should not be paroled and put him off another YEAR before parole review. He was sentenced to 5 years on a non agg offense and although we do get to visit him regularly and his attitude has improved greatly from the past experiences with being locked up in court ordered re-habs, Extended time in Wichita Falls County where his wallet was stolen and someone stole his identity and opened up charge accounts and such. He also has medical issues -cancer and had a malignant tumor removed before getting stupid again and getting a dwi which got him revoked - also he spent a lot of time in court ordered re-hab facilities but I can honestly say that I finally have my son back since he's been in county. He gets respect from the locals and the local law inforcement. I think that was part of his problem when getting out of re-hab- no job, felon label & just the fact that he was embarrassed to come back to his home. He's over that now and even though he might be locked up longer because obviously the parole board doesn't believe county is helping him. This part of the parole board decision making is wrong. Anyone know what we can do to show the parole board that some people are getting their life back in home county jails- better than tdcj. People in the community see how hard they work and how they treat others first hand and these are the people they will be living around and trying to work for.

RobinsMan
09-27-2011, 06:01 PM
If his PRD is Nov 4 of this year and the recent parole review and denial was NOT actually his review for Release to Mandatory Supervision then he may still be released on that day. In that case they still have to review him for RMS and decide whether or not to block his release on that day.

My wife went into TDC for 5 years the first time serving 4 concurrent sentences for DWI. She was denied parole twice and then allowed Release to Mandatory Supervision on her PRD after serving 25 months.