In 2001, my husband was sentenced to 4 years for a delivery charge. He served one year and was paroled Jan 2003. In August 2003, he violated parole and caught a new case (posession charge state felony). He was sentenced to 12 months and is now in jacksboro state jail, and just found out that his parole was revoked. He has a release date from the state jail for July 13, 2004. So then what happens? Does he then go to TDC? How does this work? When would he be eligible for parole again? And what are the chances that they would even grant him parole again anyways? I AM SO CONFUSED!!! Any help is appreciated!

Much will have to do with when the Board revoked the supervision. There are also cases that have gone to hearing where the Board agreed to continue someone on supervision despite the conviction on a State Jail Felony, but it usually takes a good atty to pull that one off.

If the hearing has not been held (or he has not waived his hearing yet) then that process needs to be started as soon as possible so that a decision can be made on both the revocation issue as well as the new parole review.

With one year flat done, he would be eligible on the day that a revocation posts to the computer, but he would realistically not be voted for four to six months because of the processing required on the file to get it ready for a new parole vote.

when I call the automated line it says that he is eligible for parole on Aug 2003 which was the day he got arrested, and it says his MRD is Dec 29, 2004. Even though he is eligible, doesnt he still have to serve the year at the state jail? The lady told me that he has to stay there until July 2004, but the parole line lady said that after he is done at state jail he has to be transferred to TDC, because his parole was revoked. I am very confused and do you think he will get out shortly after he serves his state jail? Or do you think he will have to stay at TDC a long time? Sorry to bother you, but I really dont understand this stuff!

If he has been revoked, then he absolutely has to serve out the State Jail time even if the Board approved him again for release. The only difference is that he can be released from the SJF instead of transferring to an ID facility.

Eligibility dates are simply the calculated date where someone is legally eligible for release to parole supervision, nothing more and nothing less.

With the offense being after September 1996, any release before the expiration of the original sentence will require that the Board vote the case. If they want to, they can require that he serve the balance of the four year sentence, although there would have to be more than one vote to take place.

What are the chances of him getting straight out of SJF, instead of going to TDC? I would imagine not very high! So when would he find out exactly how long he has to serve? How does that work?

Until the Board votes his case, there is no way to project how much time he may be serving. Admittedly, if he is reviewed only on a desk review, I would not expect favorable action on the next review, although they may vote to release to discretionary mandatory supervision in December.

Lindsey State Jail is a Gatesville BMO vote. You have a couple of members there that look closely at the risk factors and are going to view your husband as an increased risk becausse he committed a new felony offense so soon after being released to supervision, with the conduct being made worse by being new drug conduct. In the eyes of a decision maker, he simply has not learned his lesson to stay away from controlled substances. This is a case where you may be well-served to seek counsel competent in the area of parole law...that subject has been discussed on numerous occasions here, so you will find both pros and cons to doing so discussed by PTO members. However, this is definitely a case where you need outstanding analysis of the risk factors- it is not sufficient to simply have a sound release plan and support network in place.

? for centexlyn
Well, TDC picked up my husband from lindsey state jail, and now he is in the middleton transfer facility in Abilene. Is that a good thing or bad thing? I called the parole line to ask when he comes up for parole and the lady said she doesnt know probably not for at least a year. Is there not anyway to know when he will come up?

The transfer to TDCJ-ID from the SJF was probably triggered by the revocation posting to the computer in State Ready. Yes, they are backlogged over there...

On the next parole review, he will be showing up on an overdue list, and my best guess is that the file would enter Case Pull by mid-February, and the file would be reviewed by the Board sometime in late May or early June. If he stays at Middleton, it would be an Abilene/Amarillo vote with the Abilene Office being the first vote.

So if parole denies him, then will he most likely get out on his PRD of 12/29/04, or will he stay beyond that? Thank you so much for helping me out!

If the original offense occurred prior to 09/01/1996, then the December date would be the latest he could be held. If the offense occurred after 09/1996, then even the 12/2004 date requires Board approval prior to a release.

I called the parole line and they said his review process started yesterday 01/13/04. Either way it goes he still has serve all his state jail time right? When they make a decision, are they going to give him a release date, or will they tell him whether or not he gets out in December?

Welcome to PTO! I'm not sure huh. Good Luck!

? for centexlyn
I called the parole line today, just to check the status, and they said that they dont have an answer yet, but when he is done at TDC, he has to go back to state jail. I dont understand. Why did they even come get him. I thought this ran concurrent. So if they let him out in dec, then he has to finish the rest of his state jail? I am so confused! What does this mean?

Hey...umm...I do not know this,FOR SURE,but...well...I do know that State Jail IS day-for-day...so...if he is back in TDCJ and his time is up there BEFORE the State Jail sentence is complete...He will be taken back to State Jail to finish up that particular sentence!!! Hope this helps out some and I am sure that CenTex will be along shortly!!!

State Jail IS day-for-day

So, is it safe to assume that since my brother is at Buster Cole State Jail, then his 3 year sentence will have to be served in it's entirety (unless approved for parole....his file is in review now)???

Earlzsis, just because someone is housed at a facility with State Jail in its name does not mean they are serving a state jail sentence. Many of the state jails are being used as de facto transfer facilities. A three-year sentence is an ID sentence and is subject to possible release prior to the full sentence being served.

On Jaylen44's issue, there would be a transfer back to the State Jail Division if there was time still owing on that sentence. If the review process just started this month, it will probably be mid-April at the earliest before there is a decision on parole. If he is denied parole, then they would review him again closer to the end of the year if he is subject to Discretionary Mandatory Supervision. From what you have indicated, the State Jail sentence expires in July, at which time the detainer would be removed from the Institutional Division records.

The pending vote is for parole purposes. If he is granted parole, then the actions taken in processing a release from ID will depend on what the favorable vote was. With the new drug charge on top of a previous sentence for drug-related conduct, I would anticipate any vote including a rehabilitation-tier component, with the release not occurring until the latter part of the year. If he is denied parole, then the Board would still have to vote on whether to release him to Discretionary Mandatory Supervision- the December 2004 date is not an absolute release date unless the original offense that he was sentenced to the four years on during 2001 had actually occurred prior to September 1996.

I should have clarified my reply a bit better,I suppose. If a person is sentenced to State Jail (crime being a state jail felony)---THEN they will have to serve day-for-day...I am sorry if I caused any confusion...BTW...I have served a State Jail sentence here in TX.,so I speak from personal experience on that...also...when serving a State Jail sentence,parole is NOT an option--You can get out on probation but not parole!!!

Thanks so much for the clarification jojo71 and CenTexLyn, every bit of knowledge on the system helps me so much!

My husband has been charged with forgery and sentenced to 3 years in prison. He has already done 13 months, and is about to have a parole interview really soon. What are the chances that they will just let him go instead of revoking him?