Yesterday (12-22-03) my son was denied parole due to nature of crime and length of time served. New parole review date of June 1, 2005.

Is this date set in concrete? I know they start the review process 4-6 mos ahead of this date, but other than that?

Does good time and work time move this date up? With good time and work time, by June 2005, it will almost or will equal his six year sentence. He's in Texas on an aggravated charge, but they told me they were considering his total time (flat, good, work) as that was how he was eligible for parole this time.

I called Nancy Hees phone no and she and Marilyn are not in until Dec. 29th.

Thanks.

I haven't seen many six month set-offs, so I have to wonder if the offense is one of the few "aggravated" offenses that is also still eligible for MS based on when the offense had occurred. The other explanation is that it is a one year set-off to December and that the file could go in review as early as June.

Next review dates are never etched in stone, although there are not many reviews being conducted in advance of the docket date. Current Board rules provide that a file can be voted as early as four months in advance of the docket date, but most offices are running pretty close to schedule right now because of the various backlogs and uncertainty of the changes coming at the beginning of 2004.

I seem to remember that we discussed the case before, so let me see if I can find any of the old PM's and then we can discuss it further via PM.

As a follow-up for any that might have had questions from the original issues, this was not a case where the offense was a quirk in the law that provided for mandatory supervision. However, it was an offense that at first glance certainly qualifies as "aggravated," but on a closer read, lacked an affirmative finding on the use of a deadly weapon.

Hard to say if it was an oversight in processing or some creative plea bargaining, but the lack of affirmative finding meant that eligibility for parole was based upon the combination of all time credits instead of only flat time. It also is why the PED was based on reaching a total of 1/4 instead of having to do 1/2 flat.