So confused...parole, mandatory supervision consecutive sentences...

[.Bonnie.]

So my man was sentenced to 10 years 9 and a half years ago. While incarcerated he picked up two more years which were to begin after he finished his 10 (or paroled on them). We recently found out that he was granted parole on the first offense so on Dec. 1st his second sentence began. But the judge granted him 17 months of time served leaving him with about 7 months. Well I recieved a phone call from him letting me know he was called in a 6 am yesterday and was told (by IPO I'm assuming) that they needed to drop whatever they were working on and focus on his file because his short way (?) was coming up and could be released as early as Dec. 30th and they needed addresses. So now I am confused? What does this all mean? I called the parole board but the lady on the phone said they hadn't started the review on the second offense yet, but she does show his prd is 1/21/10...??? Can someone explain? :/

[RobinsMan]

If he has 17 months back time on a two year sentence and is eligible for release to mandatory supervision then he would be way beyond his PRD which would mean that the parole board has no opportunity to deny his release (you can Google "Ex Parte Retzlaff"). I imagine that they ARE in a big hurry because they probably didn't realize he had so much back time and are now caught with their pants down because he is basically being held illegally. I think that if this is the case then the only review they will be doing is to verify his back time and his eligiblity for release to mandatory supervision - basically that his case qualifies as Retzlaff - in which case there won't even be a vote, only a release to process. My guess is that he will be out pretty soon.

[.Bonnie.]

Royce,

Thank you so much for responding. I do believe he is eligible for MS. His offense does not fall into any of the ones listed under §508.149(a). His PRD has just recently changed from "Not available" (as was listed for years) to 01/02/2010. I read up on Ex parte Thomas Retzlaff (vaguely) and saw that :

The notice must provide the offender with at least 30 days to gather/provide evidence in support of their release and inform them of the 30 day period in which the Board will make a decision.

So if his PRD is 21 days away and was just notified yesterday, then that is a clear violation, right? Is there anywhere I can call to get more info as far as what is going on? Also, what happens if the addresses he gave are not approved? I know he gave two and the first one will certainly be denied for reasons I rather not get into, but the other is up in the air?

[.Bonnie.]

One more thing...I'm trying to find a directive or something along those lines that the parole division might need to adhere to under these circumstances. Does anyone know of any?

[RobinsMan]

Ok, I realize now why his PRD is still in the future but they had no chance to provide the required notice so I think that he qualifies as Retzlaff. I have seen it happen before. You can read the parole division statement about Retzlaff cases at the link below.

http://www.tdcj.state.tx.us/victim/victim-retzlaff.htm

If none of the address that he gave them are approved and if he cannot provide them with an acceptabel alternate then they will make halfway house arrangements for him.

[.Bonnie.]

Thanks again Royce! =)