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  #1  
Old 11-04-2012, 04:12 PM
csmiley1 csmiley1 is offline
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Default Texas 35% law??

Can anyone shre with me any information about a 35% law on aggravated offenses in the state of Texas? My brother is incarserated in the state of Texas. SO now not using his head instead is his ******. They gave hime 8 years but he keeps asking me to find out about a 35% law.
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Old 11-04-2012, 04:19 PM
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Renee Renee is offline
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From what I know, people who have an aggrivated sentence in TX must serve 50% of the sentence before becoming eligible for parole consideration. I don't know anything about a 35% rule. I'm sure people with more knowledge will be along soon, though. Good luck!
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Old 11-04-2012, 04:58 PM
CenTexLyn CenTexLyn is offline
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Statutes have changed throughout the years on the minimum amount of time that had to be served in order to become eligible for release. But in order to accurately what applies to someone's individual situation, you have to know the date the offense took place.

However, at NO point in time has 35% ever been the percentage in play. There was a period of time prior to September 1987 where one-third (roughly 33.3%) was the standard, either flat or with a combination of good-time credits depending on the offense.
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Old 11-27-2012, 12:55 AM
David36535 David36535 is offline
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Well, I can't post the link for where I found this, but it's from a Texas defense attorney's site. I'll copy/paste so you can read it yourself:

For Texas cases, the answer is it varies depending on the crime and the decision of the Parole Board.

For capital murder: as of September 1, 2005, Texas will have a life without the possibility of parole option for capital murder. The capital murder defendant sentenced to life in prison before September 1, 2005, is parole eligible after serving forty years. The release is not automatic–a full vote from the Board of Parole is required.

For the next group of legislatively designated serious offenses like murder, aggravated kidnapping, aggravated sexual assault, and aggravated robbery, the defendant must generally serve at least half of the actual sentence to be parole eligible. Once again, eligibility does not mean release. Most prisoners are not released when parole eligible.

For other first, second and third degree felonies, the prisoner is parole eligible when calendar time plus good conduct time equals one-fourth of the sentence. Good conduct time is earned by participating in work and self-improvement programs. Good conduct time can be subtracted for disciplinary violations.
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Old 11-27-2012, 10:28 AM
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It is common for rumors to circulate around TDC and county jails about changes in the law that would mean someone might get a chance to go home earlier than they are already set to do and it seems this isn't the first time I've recently heard of someone asking about a 35% law. Easy answer is there has been no change in the law and I don't think I'd be going out on a limb if I were to say that the chances of Texas going softer on punishment of crimes is just about as zero as zero can get. In addition, even if Texas did happen to relax criminal punishment, such a change in statute would not apply to anyone that had already committed their offense.
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Old 08-29-2014, 11:46 PM
B_M_F B_M_F is offline
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I am only aware of the 50% rule..
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