Behind the Walls: A Guide for Families and Friends of Texas Prison Inmates

21. Parole, Good Time, and Discharge

135 Now, to what you’ve all been waiting for: the frustrating rules governing an inmate’s release from prison. First—parole is not a right; it is not guaranteed to any inmate. Parole is a privilege. It is granted by the Texas Board of Pardons and Paroles, which consists of eighteen men and women who were appointed to their seats due to their avowed interest in law and order. Second—parole will be awarded when the members of the board decide, and their decision is subjective. It is also influenced by the political winds of the day, and by pressures brought to bear by overcrowded prisons and available money to build new ones. So, if a convict tells you he is “up for parole,” don’t rush out to buy him clothes. All he is saying is that he is now eligible and that the board will shortly review his case and consider him for parole. Before I go into details, let me stress those two points. Parole is not guaranteed, and there is no way to predict what the board will do in any given case. A man serving a twenty-year sentence for robbery may become eligible for parole after two and one-half years and be granted parole. Then again, he could be denied, reviewed every year thereafter and denied each time until he has done his entire twenty years, and it would all be perfectly legal, although rare. parole, good time, and discharge Chapter twenty-one 136 Chapter Twenty-one Discharge refers to one of two things. A convict who has done his entire sentence day-for-day as in the above example must be released and is under absolutely no state supervision. (Unless he is a convicted sex offender and fits certain criteria. The Legislature has recently passed some new laws concerning sex offenders, and I will address their special case at the end of this chapter.) A convict eligible for mandatory supervision must be released when his good and his flat time equal his sentence of record, unless he committed his crime on or after September of 1996. For those inmates, the parole board has the authority, under something called Discretionary Mandatory Discharge, to block mandatory discharge on a “case-by-case basis if it determines that an inmate’s good conduct record does not accurately reflect the potential for rehabilitation and that the offender’s release would endanger the public.” Inmates released under mandatory supervision are under most of the restrictions faced by an inmate granted parole. Many convicts are not eligible for mandatory supervision. Both parole eligibility and date of discharge are determined by three factors: 1) the date one’s crime was committed; 2) what type of crime was committed—for example: an aggravated offense is one which is so designated by the Legislature, as is a 3g offense. Both usually involve use of a weapon, or are committed against a peace officer or child, or are sexual offenses, but any crime can fall into this category if designated by the legislature. In any case, a man convicted of either must serve a set length of time before becoming eligible for parole and is not eligible for mandatory supervision. This means he either makes parole or does his sentence day-for-day, and good time is useless to him—and 3) an inmate’s disciplinary record—which determines his good-time earning class and actual good time earned. Much of the information in this chapter was taken from Parole in Texas, an invaluable resource book offered by the Texas Board of Pardons and Paroles. Write them at 8610 Shoal Creek Blvd., Austin, Texas 78757, to request a copy. Good time and Class What is good time? Simply put, it is time, figured in days, awarded for being “good” enough to be promoted to a certain good-time earning class. For those inmates not serving aggravated sentences, or those serv- Parole, Good Time, and Discharge 137 ing non-3g offenses, good time determines parole eligibility and discharge dates. How? Imagine an inmate is awarded one day for every day he serves—called “30 for 30.” Let’s say he is serving a twenty-year sentence and draws 30 for 30 from the moment his sentence starts and he does not lose good time. If eligible for mandatory supervision, he must be released in ten years. This is a hypothetical...