My son has a 2 year sentence. He has served about 8 months "flat time". He got a letter saying he had 1 year 3 months "good time". He got his hopes all up that he would be out in 9 months but now I have been told this good time is not what TDC looks out and likely he will do a serve all.
What gives? Why do they get there hopes up?
To make matters worse he has a depressive mental illness and I am afraid this will really send him over the edge.
If it is a state jail charge he will have to do all the time they gave him, and they can even make you do all of your time now with the new setoff rule, not sure how it all goes but my son was telling me about it. He is eligible for parole in Oct, and has a early release date of 2011, but he was sentenced to 15 yrs and could very well end up doing every bit of it. Are they treating him for his mental condition, and where is he at?
As posted in another thread, good time is a mirage in Texas. Parole attorneys have told me to disregard the good time...it's the flat time that really seems to matter. They do not have to consider good time for parole.
He is receiving treatment for his illness but will soon be sent back to a regular unit and from there I don't know how well he will cope. The people at Jester (where is is) have been very nice, but I don't know how the "continuance of care" will be in a regular unit. Very worried about that.
I should have used the term "total time" vs flat time. That is what I was getting at, but I guess good time is part of total time. It is all very confusing. Is there somewhere I can get a clear explanation of this?
Flat time is the time they served day for day from begining of incarceration to the now date. For example: if the inmate go a 4 year sentence and he has been there a total of a year. His flat time would be 365 days/ 1 year (if it were an exact year) "Total time" for this would be 4 years. Good time is something that is awarded for good behavior and is not technically part of "total time". The reason I say this is because not inmates are eligible for good time credits, it really depends on the crime they are there for. Mostly agrevated cases dont allow good time credits, there are some other ones that dont either, but that depends on a number of factors.(that can get into the legislature the crime was commited in for those to be determined)
The part where "good time and work time" come into factor is when they factor in the Projected release date. that is calculated when good time + worktime + flat time = total time(sentence length)
I hope this helps. If you have any more questions please let me know.
Flat time is calendar time, which is what actually serves to extinguish a sentence and in some cases is what serves to get someone in the door for the parole eligibility.
Good time is something that one must properly leverage in order for it to be a benefit in the parole process. Most people that claim to do parole law do not draw the parallel between the relationship of good time and institutional adjustment as it might be extrapolated for the purpose of expectations on release. Why don't they do it? Beats the hell out of me. Even more surprisingly in those cases where there is a short sentence that is eligible for Discretionary Mandatory Supervision is how few of those people raise the argument about the benefit of having someone on supervision as compared to a direct release with no provisions of supervision. Again, why don't they do it? Beats me. Some of it may be that a lot of judges and attornies have absolutely no clue about what goes on beyond the fence nor do they understand the distinction of a direct jump from L1 to S2 (as an example) after having been promoted to G1 (formerly Minimum Out) straight off the bus.
However, the other reality is that there is no reason for Discretionary Mandatory Supervision to be surprising people in this day and age. As a State, we are nearing 10 years since that statute took effect. There is no reason for ANYONE, to include attornies, NOT to know about its potential impact as it pertains to plea offers communicated to the client.
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Yes, but it's because 1) they are not elligible for release under Mandatory Supervision, the date which they would be elligible would otherwise include good time in the calculation of and 2) a stated amount of time in calander years (flat time) must be served before becoming elligible for parole (if the sentence isn't death or life without parole) thereby again rendering good time moot.
On top of all of that legal part, good time only matters in terms of setting dates of elligibility. That does not mean that the Texas BPP has to parole them or not block their release under Discretionary Mandatory Supervision and most folks have learned to become cynical about that possibility for a lot of cases.
Last edited by RobinsMan; 03-09-2007 at 06:28 PM..
Since your son only has a 2-year sentence, it is highly likely that Parole will make him do all of it flat. That's okay. That way they won't have any "holds" on him and when he walks out of The Walls on his realease date, he won't be on paper! Two years is a walk in the park compared to what he could be facing! Be thankful that he got such an extremely light sentence. Be thankful that when he's out, if he's done all his sentence flat, that he won't have to answer to parole at all! Parole will only try to set him up for faillure if he's placed on parole. As they are quick to point out: "Parole is a privilege; not a right!". Tell your son to hang in there and be happy to do his entire 2-year sentence flat! He is blessed! JLH
I have 2 years,6 months left on a 20 year sentence.I was told that in 05,they changed parole.that if you have done over 1/2 of your remaining parole on the street,they cannot touch your street time,is this true?