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Old 08-31-2009, 09:35 AM
SqueakyTweaky SqueakyTweaky is offline
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Default "Failure to Comply" - Mandatory Release Dates in TX?

Hello,
My husband served a three year sentence in its entirety ten years ago which caused him to have to register as a sex offender (the original case was a very sketchy one, but i won't go into details as that doesn't matter here). he is in county jail now on a third degree felony "failure to comply" charge. we wrote letters to the D.A. and his lawyer trying to pitch for probation despite his criminal record (he is 32 and has probably done 8 years in prison altogether, tho not at one time) because he's always just been given time and never a chance at probation. it makes no sense to me why their first offer is 4 years TDC; that's more than his original crime!! anyhow, my husband asked me to find out whether or not they still have mandatory release dates in texas, or if it's just for certain charges, or circumstances or whatever. basically, is there a way to find out if he'll have a mandatory release date? how do we find out what the least amount of time he'll have to do is (assuming he catches no cases/accumulates "good time") before he signs?
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Old 08-31-2009, 11:07 AM
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RobinsMan RobinsMan is offline
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He should be eligible for release do mandtory supervision for a failure to register offense. It is always possible that the parole board will never approve early release and so he would serve his entire sentence. However, he should become eligible for parole after 1/4 of his sentence which, when considering good time, will actually work out to be less than 1/8 of his sentence - maybe around 10 months on a four year sentence assuming normal good time earning. Eligiblity for release to mandatory supervision (which can be blocked by the prole board) is when the total of his flat time and good time equal the length of his sentence and should occur after about 21 months on a four year sentence - again, assuming normal good time earning and no losses.
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Old 09-02-2009, 05:29 AM
SqueakyTweaky SqueakyTweaky is offline
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So let me get this straight... On a "Failure to Comply" charge, he should come before the parole board at 21 months or so and they can determine whether or not to let him out on mandatory supervision? (If he hasn't made any other paroles)? There will be no guarantee the whole time that he won't do his entire sentence...? And if that's so, then will the parole people go strictly on his behavior in there, or will they just look at the fact that he has a criminal record and go "no way"? will it help that he had the charge for 9 years and he DID comply up until this point..? thanks so much for helping!!

linn
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