
Texas Prison Fast
Facts
• To better
understand the above number, you could fill the Dallas Cowboy's
Texas Stadium over 2.5 times with all of the inmates currently housed in
the TDCJ.
• Currently
there are 114 various types of prison facilities in the state of Texas.
• Eight of these prison facilities house
female offenders, while the remainder are for male offenders.
• Approximately 164,659 felons were locked
up in the state prison system last year.
• 44% or 72,588 inmates have not completed
high school.
• Drug and alcohol offenders approach
62,000 inmates or 37% of the entire prison population.
• Less than 4% of the drug and alcohol
offenders receive help while incarcerated.
• Only 16,306 or 27% of the 60,000 plus
parole cases were approved last year.
• Approximately 37,100 men and women
are incarcerated each year for a felony or parole violation.
• 2002 The U.S. Supreme Court declared
that executing mentally retarded murderers was unconstitutionally cruel.
• Texas has executed six
people with mental retardation since 1982.
Custody Levels
Custody Levels are determined by behavior,
the crime committed, sentence length. Custody Levels indicate unit
and work assignment along with who they will be living with. Custody levels
change by rule adherence or non-adherence.
G1 - Low Risk. Live in dorms
outside a secure area. Can work outside a secure area with
minimum unarmed supervision. Outdoor county
and city
projects.
G2 - Medium 1. Live in dorms
inside a secure area and work outside a secure area under armed
supervision.
G3 - Work mostly in secure areas in the fence
perimeter. Some work outside under tight armed supervision.
G4 - Medium 2. Must live in cell. Possibly work outside
the security fence under direct armed supervision.
G5 - High Risk. Disciplinary problems. Little to
no work outside the security fence.
Maximum - Administrative Segregation.
Separate from the general population. Potential dangerous. Leave
cell only for showers
and little recreation.
GOVERNMENT CODE
CHAPTER 499. POPULATION MANAGEMENT; SPECIAL PROGRAMS
SUBCHAPTER A. PRE-PAROLE TRANSFER
§ 499.025. AWARD OF ADMINISTRATIVE
GOOD CONDUCT TIME;
ADVANCEMENT OF PAROLE ELIGIBILITY DATE.
(a) If the inmate
population of the institutional division reaches 99 percent or
more
of capacity, the director shall immediately notify the executive
director and the board in writing of that fact. Until the inmate
population is reduced to less than 99 percent of capacity, the
director shall make a weekly written report to the executive
director and the board stating the extent to which the inmate
population is less than, equal to, or in excess of capacity.
(b) If the inmate population of the institutional division
reaches 100 percent of capacity or, if the attorney general has
authorized an increase in the permissible percentage of capacity
under Section 499.109, the inmate population reaches that increased
permissible percentage, the director shall immediately notify the
executive director, the board, and the attorney general in writing
of that fact. The attorney general shall certify to the board in
writing as to whether the institutional division has reached 100
percent of capacity or, if applicable, the increased permissible
percentage. If the attorney general certifies that 100 percent of
capacity has been reached or, if applicable, that the increased
permissible percentage has been reached, the board shall
immediately certify that an emergency overcrowding situation
exists and direct the Board of Pardons and Paroles to proceed in the
manner described by Subsection
(c). If the Commission on Jail
Standards determines that in any county jail in this state there
exists an inmate awaiting transfer to the institutional division
following conviction of a felony or revocation of probation,
parole, or release on mandatory supervision and for whom all
paperwork and processing required for transfer have been ompleted
for not less than 45 days, the board may direct the Board of Pardons
and Paroles to proceed in the manner described by Subsection (c). (c) If the
Board of Pardons and Paroles receives a directive
from the board under Subsection (b), the Board of Pardons and
Paroles acting in parole panels, shall immediately begin to review
and consider for early release to intensive supervision parole each
eligible inmate who would not at the time of review otherwise be
eligible for parole. The board may impose additional criteria for
determining which inmates are eligible for release under this subsection. A
parole panel may not release an inmate under this
subsection if the panel determines that the release of the inmate
will increase the likelihood of harm to the public, according to
objective parole criteria.
§ 499.027. ELIGIBLE INMATES.
(a) Except as provided
by Subsection (b) and subject to the conditions imposed by this
subchapter, an inmate is eligible under this subchapter to be
considered for release to intensive supervision parole if the
inmate is awaiting transfer to the institutional division following
conviction of a felony or probation revocation and for whom
paperwork and processing required for transfer have been completed
or is classified as a state approved Trusty I, II, III, or IV, and:
(1) is serving a sentence of 10 years or less;
(2) does not have a history of or has not shown a
pattern of violent or assaultive behavior in the institutional
division or county jail or prior to confinement; and
(3) will not increase the likelihood of harm to the
public if released, according to objective parole criteria as
determined by a parole panel.
(b) An inmate is not eligible under this subchapter to be
considered for release to intensive supervision parole if:
(1) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense for
which the judgment contains an affirmative finding under Section
3g(a)(2), Article 42.12, Code of Criminal Procedure;
(2) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense
listed in one of the following sections of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 ( manslaughter);
(D) Section 20.03 (kidnapping);
(E) Section 20.04 (aggravated kidnapping);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child or an
elderly individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 25.08 (sale or purchase of a child);
(M) Section 28.02 (arson);
(N) Section 29.02 (robbery);
(O) Section 29.03 (aggravated robbery);
(P) Section 30.02 (burglary), if the offense is
punished as a first-degree felony under that section;
(Q) Section 43.04 (aggravated promotion of
prostitution);
(R) Section 43.05 (compelling prostitution);
(S) Section 43.24 (sale, distribution, or
display of harmful material to minor);
(T) Section 43.25 (sexual performance by a
child);
(U) Section 46.10 (deadly weapon in penal
institution);
(V) Section 15.01 (criminal attempt), if the
offense attempted is listed in this subsection;
(W) Section 15.02 (criminal conspiracy), if the
offense that is the subject of the conspiracy is listed in this subsection; or
(X) Section 15.03 (criminal solicitation), if
the offense solicited is listed in this subsection; or
(3) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense under
Chapter 481, Health and Safety Code, punishable by a minimum term of
imprisonment or a maximum fine that is greater than the minimum term
of imprisonment or the maximum fine for a first degree felony.
(c) The department shall provide each county with necessary
assistance to enable the county to identify inmates confined in the
county jail who may be eligible under this subchapter to be
considered for release.
Texas operates one of the largest prison systems
in the world. With roughly 450,000 adults on probation, 160,000
in prison, and 130,000 parolees under supervision, 1 of every 20
adults in the state of Texas is currently in prison or on felony
probation or parole.

Since the early nineties, Texas
has tripled our number of prison beds and filled them to capacity.
Much of this expansion came from to increasing prison and probation
sentences and an increase in the number of felonies —now
topping 1,900—in state law.
This massive prison system
consumes over $5 billion dollars every biennium, representing
a significant portion of general revenue in the state budget.
Roughly half of the 160,000 Texans in prison are serving time
for a nonviolent offense; a quarter are locked up for a drug
offense.
Thousands of Texans spend time in prison for petty drug offenses
such as possession of trace amounts of drugs. Harris County alone
is responsible for half of these drug sentences. These individuals
face up to two years in prison, and when they are released encounter
legal discrimination when searching for a place to live or a
job to support their families. - ACLU

Women Convicts Stats
Women made up 7 percent
of all inmates in state and
federal prisons last year and accounted for nearly one in four
arrests. The increase in arrest for women is due to their increased
participation in
drug crimes, violent crimes and fraud. The number of women incarcerated in state and federal
prisons in 2004 was up
4 percent compared with 2003, nearly double the 1.8 percent increase
among
men, the study said. In 1995, women made up 6.1 percent of all
inmates in those facilities.
Number of drug offenders in prisons and jails
has risen
from 40,000 in 1980 to more than 450,000 today. According to
FBI figures, law officers in 2004 made more arrests for drug violations
than for any
other offense -- about 1.7 million arrests, or 12.5 percent
of all arrests.
|
• Lesson • ONE
Understanding Parole, Class and Eligibility
“. . . the TDCJ sees
only the numbers. We see faces with names with loving families“
|
(If you would like
a bound copy of these lessons for you or your loved one, [Click
Here] for Products)
Preface
Having
a loved one in a state prison can be one of the most difficult times
a family can experience even more so than a death in the
family. In death there is finality, unlike the painfully
slow wait of a loved one to return home. Many families can barely exist
emotionally and struggle everyday financially
to make
the ends meet. The reality of these hardships and the deep loneliness
will have a profound
impact on the quality of life for everyone involved. Families with loved
ones incarcerated are prisoners themselves filled with public
shame and the heart-torn
torment always inside of you.
However there is hope, hope that the inmate has time served and parole
eligibility will be a consideration. For thousands of families with loved
ones in the "glide
path" towards heading home, parole preparation and understanding the
process can be the single most important objective for a successful outcome.
Family support is the key to this success.
We hope the information and services we provide help you, your loved
one and your entire family to recover from the lost time. It does make
a difference
that you care enough to support your loved one inside. That person
inside is very fortunate to have someone trying their best
to set them free.
God bless and good fortune in your quest.
Introduction
The parole process and parole eligibility is often a confusing topic creating
a cloud of misunderstanding with many people simply not knowing where to
start to help their family member in prison. Inmates are known to fabricate
parole facts to fill-in the knowledge gaps. The parole laws, rules and guidelines
continuously change that could have a direct impact on the inmate’s
possibility for parole. The above can be damaging and hinder what needs to
be done - parole preparation. These lesson plans are designed to "cut-through" the
matter and present unbiased fact. The first lesson is a "walk thru" of
the definition of the parole process, understanding inmate processing and
roughly calculating parole eligibility. It is meant to highlight the major
events in the parole maze and not to dwell on Penal and the Criminal Procedure
Code details. Our purpose with this lesson and all other lessons is to
educate and inform so that the family together can prepare the best case
to help the family member on the inside.
So let’s begin …
Parole by definition is simply a reward system, the early release from
confinement based on certain conditions being met both inside of prison
and outside,
in the free world. The word "parole" stems from the French, meaning "promise." A
promise to abide by the laws and remain criminally free in exchange for
controlled liberty for a set period of time.
Both probation and parole are tied to monitoring programs. But the parolee,
unlike the probationer, has served part of a term in a correctional facility.
His or her release is contingent upon satisfactory behavior. He or she
will spend the remainder of their sentence under supervision of a parole
officer
and possibly assigned to treatment program(s) an adhere to the release
conditions set by the parole board. If an offender serves the entire
court ordered sentence
and that person is released by the state, no parole supervision is required,
unlike the parolee.
Parole is not an unalienable right, it is an earned privilege based on
good behavior among other deciding criteria. This privilege is an important
point
to remember. Many families and inmates feel they are entitled to an early
release, only to find out that parole has been "Set off" for another
year or more. If states did not offer parole or an early release program,
our prison systems would be in severe declining state. If all inmates had
to serve out their entire terms their would be little incentive to work,
receive voluntary training or treatment. The parole system is a necessary "check
and balance" system so that newly inducted felons will have beds
and the prison population stays just below the max cap as dictated by
the law.
The Five Types of Parole Scenarios
1. Discretionary Parole
2. Mandatory Supervision
3. Shock Probation
4. Parole in Absentia (PIA)
5. Special Needs Parole
Texas along with twenty-two other states allows a 1.
Discretionary Parole or a variation of this type of parole. Discretionary parole is allowing an
inmate an early release from a mandated prison sentence based on prior and
future risk assessment of not returning back to prison coupled with the severity
of the crime committed. Offenders are released at the discretion of the Board
of Pardons and Paroles. The parolee serves the remainder of his or her sentence
in the community under the supervision of the Parole Division of the TDCJ
and assigned a parole officer whose job is to monitor compliance with the
Parole Board’s release conditions.
2. Mandatory Supervision, also referred to an administrative
release, is the direct release to the supervision of the Parole Division
of the TDCJ.
Prison sentences are determined by the courts based on the standards of
law. When a certain amount of calendar, "good time" and work time earned
has been served by the inmate, then that inmate is released under the same
supervision and conditions as discretionary parole.
However, in 1995 the laws from the 74th Legislature went into effect that
changed the scope in the definition of mandatory supervision. If an inmate
committed a felony on or after 09/01/96, then release to Mandatory Supervision
is no longer considered mandatory. The same parole board that grants or
denies parole are now responsible for "discretionary mandatory supervision",
an awkward term at best. Both discretionary parole and discretionary mandatory
supervision are subject to the same conditions for release.
The third type is called 3. Shock Probation or a.k.a "Boot
Camp".
The term probation can be misleading in the sense that parole and probation
are
two
totally
separate things. But shock probation is basically serving a small amount
of prison time i.e., the "shock" of prison life, then released
to the community under supervision to get their affairs back in order.
Typically no more than a max of 180 days prior to prior to being placed
on a felony probation. Of course, "Shock" would be considered the
mildest of prison life and adjustment. Shock
probation
constitutes
less
than
2%
of the
Texas
inmate
population
who
are released each year by a judge's order and not by a parole board's
decision.
4. Parole in Absentia (PIA), the
fourth type of parole is probably the most misunderstood. PIA, is a release
for parole-eligible offenders who are serving sentences in out-of-state
prisons, federal facilities, or most typically, Texas state and county
jails. These
offenders have served enough time to be considered for parole prior to
entry into
the TDCJ. Parole in Absentia constitutes between 1 and 2 % of the total
parole releases in recent years. However, in the early ninety's the percentages
were much higher, in the 10 to 12% range due to the overcrowding issues
prior to the prison building boom.
And the last parole type is 5. Special Needs Parole. The
1991 Legislature established a special needs parole program to help avoid
the high cost of medical care for older inmates and those with significant
medical problems. The Texas Council on Offenders with Mental Impairments
(TCOMI) administers this program; eligible offenders include elderly, terminally
ill, mentally ill, mentally retarded, and physically handicapped inmates.
Violent offenders and those who used a weapon in their offense (“3G” inmates)
are not eligible. Presently, the Board of Pardons and Paroles cannot release
3G offenders for special needs parole even if they are physically incapacitated
and near death.
In the late nineties, 3,213 inmates were potentially eligible for release
on special needs parole. TCOMI screened 922 cases and presented 115 to the
parole
panel.
Ultimately, 51 were approved for release, and only one was elderly.No
mentally ill or mentally retarded inmates were approved for special needs
parole. Presently, Texas has no alternative facilities outside of TDCJ for
mentally ill and mentally retarded inmates.
In fiscal 1998, 95 offenders died during the special needs parole review
process. The majority of inmates now being considered for special needs
parole are terminally ill and within six months of dying. Current guidelines
specify that two doctors must make an independent assessment and certify
that the inmate is terminally ill.
Offenders Referred to Special Needs Parole, Fiscal
1995-1999 |
|
|
1995
|
1996
|
1997
|
1998
|
1999
|
| Cases Referred for Screening |
1,685 |
1,304 |
1,308 |
922 |
781 |
| Cases Presented to the Board |
300 |
321 |
241 |
115 |
138 |
| Cases Approved by the Board |
92 |
142 |
129 |
51 |
30 |
| Terminally Ill |
n/a |
112 |
109 |
43 |
27 |
| Physically Handicapped |
n/a |
25 |
8 |
3 |
1 |
| Elderly |
n/a |
5 |
8 |
1 |
2 |
| Medical Necessity |
n/a |
0 |
4 |
4 |
0 |
| Mentally Ill/ Mentally Retarded |
n/a |
0 |
0 |
0 |
0 |
Sources: Criminal Justice Policy Council and
Texas Council on Offenders with Mental Impairment
| Texas Inmates with Significant Medical Conditions,
Fiscal 1999 |
| HIV-positive |
2,596 |
| AIDS |
1,000+ |
| Hepatitis C |
3,387 |
| Tuberculosis |
57 |
| Coronary Artery Disease |
1,900 |
| Cancer |
*N/A |
| Asthma |
7,800 |
| Hypertension |
16,800 |
| Diabetes - Type I |
2,501 |
| Diabetes - Type II |
2,500 |
| Inmates on Dialysis |
180 |
| Physically Handicapped |
170 |
* The number of inmates with cancer is not
available. Recent years are similar in numbers
Tip For
the complete report from the Criminal Justice Policy Council on Special
Needs Parole, [Click Here]
The Parole Board reviews each inmate at the time of eligibility to
determine if a conditional release is granted along with any stipulations
that
must be met by the parolee in order to maintain their freedom. Parole
stipulations
can range from attending various support groups and regular drug
testing to keeping a job and refrain from associating with certain
people and
places. Lesson Six goes into further detail identifying
voting options and various
conditions that need to be met by the parolee.
Now let’s discuss the steps prior to parole and the information
that is now attached to the inmate going forward. This section
is important because
it gives the parole student an understanding of how the state prepares
the inmate's file for later review.
Processing the Inmate after the Courts
After the court of conviction has sentenced the person to serve time, the
date of sentencing is established. This first date of sentencing can be set
while in county jail lock up waiting to be transferred and assigned to a
Texas prison unit. The county sends the Texas Department of Criminal Justice
(TDCJ) a packet containing the offender’s conviction records which
can include but not limited to the follow items below. The information is
entered into the State Ready System.
• The Judgment
• Offense Summary
• Arrest Record for each Offense
• Pre/Post - sentence investigation report
• Victim Impact Statement, if applicable
•
Other relevant documents concerning the inmate’s history
The inmate will stay in a county jail facility until
transported usually in the middle of the night to either a state jail facility,
a diagnostic center or one of the fourteen state transfer facilities, which
now currently
include:
Facility Name |
County |
# of Inmates |
Housing Capacity |
% of Capacity |
| Coutulla Unit |
LaSalle |
580 |
606 |
96% |
| Duncan Unit |
Angelina |
588 |
606 |
97% |
| Fort Stockton Unit |
Pecos |
595 |
606 |
98% |
| Garza East Unit |
Bee |
2,381 |
1,978 |
120% |
| Garza West Unit |
Bee |
2,153 |
2,278 |
95% |
| Goodman Unit |
Jasper |
601 |
612 |
98% |
| Gurney Unit |
Anderson |
1,900 |
2,000 |
95% |
| Holiday Unit |
Walker |
1,960 |
2,000 |
98% |
| Middleton Unit |
Jones |
2,081 |
2,128 |
97% |
| Moore C. Unit |
Fannin |
1,203 |
1,224 |
98% |
| Rudd Unit |
Terry |
594 |
612 |
97% |
| Segovia Unit |
Hildalgo |
1,100 |
1,224 |
90% |
| Tulia Unit |
Swisher |
589 |
606 |
97% |
| Ware Unit |
Mitchell |
882 |
900 |
98% |
Totals |
14 |
15,334 |
17,380 |
99% |
Transfer Facilities Operations
Upon entry, inmates are photographed
and finger printed for identification and travel purposes and issued
an Offender Identification Badge. A battery of tests are administered
to determine education and (IQ) intelligence levels. Any
individual testing at or below sixth grade reading comprehension
will be required
to attend the Windham School, a correctional education facility.
Physicals and diagnostic interviews complete the enrollment process .
This initiation process
determines classification, work detail and other items such as
supervisory levels, housing assignment and treatment assistance.
After the initiation process,
each inmate is placed in prison orientation where he or she is
presented with the policies and rules of the TDCJ. This processing
scenario is
similar to all out of state prison facilities as well.
The State Classification Committee (SCC) is responsible
for assigning the offender to one of the prison units based on age, prior
prison history,
offense, educational and work related needs. Inmates do not have
the right to choose a prison facility, that potentially can come later
but an official request and
proper forms will need to be filled out. The Unit Classification
Committee
(UCC) will evaluate the inmate and establish an
initial custody level, typically an SI1 and assign the work detail.
All capable inmates will work while incarcerated.
In general, the inmate will stay at the assigned unit to fulfill
sentence obligation until parole is granted or the sentence term
has been expired and are directly discharged.
However, if the inmate is considered a security threat, a gang member,
expect that inmate to move around from prison to prison to potentially
diffuse gang association or placed in harsh prison conditions under
difficult administration segregation or solitary confinement.
Tip It
is important to begin a parole file at this time. Use a simple
folder to keep all court documentation, correspondence and
letters together in order, in one spot.
The inmate
and a key family member should begin securing copies of the
sentencing and court records for each
offense if you do not already have this information. This information
is located at the County Court House where sentencing took place. The
District Clerk’s
office typically houses these records. Some
offices charge a copy fee anywhere from a $1.00 per page to $10.00
for the service and accept cash only. It is advisable to call
the District's Clerk's office first to have them pull the files
before your arrival. Be sure to ask the cost for the service
before hand.
Also, you can retrieve the inmate’s conviction
records by visiting the Texas Department of Public Safety, Crime Records
Services web site at http://records.txdps.state.tx.us or
click on Conviction Database Link below.
Conviction Database
You
will need to create a login ID and a password to begin accessing
the database. Also there is a $3.15 plus tax charge for each search
you do. Make
sure you spell the inmate’s name correctly and the date of birth
accurately. You
will be charged for mistakes. Print and file away this information
in your parole plan folder.
Parole Eligibility Guidelines and Who is Eligible
Inmates convicted of a capital offense and sentenced to death are not eligible
for parole as well as those assigned to a state jail facility. State jail
inmates can not serve more than two years in jail or not less than 180
days. All other inmates are considered for parole sometime during their
life in prison. Depending on the felony offense some inmates must serve
a specified amount of time prior to parole eligibility. For example, person
convicted of selling or distributing a controlled substance, i.e., marijuana
in a Drug-Free Zone must serve a minimum of five years or the maximum sentence,
whichever is the less. This is typically called flat or calendar time.
Parole Tip Parole
eligibility is directly related to Texas legislation and the laws determined
by legislation can change when in session every odd ending year. The
key to remember is when the crime
was committed
with the current laws in effect will dictate parole eligibility.
A Sample of Eligibility
Scenarios from 09/01/99 to Present
|
The Offense Example
|
Parole Eligibility
|
|
All 3G Offenses, Capital Offenses,
Aggravated Robbery, all those serving life sentences.
|
40 years of straight calendar time.
A Full Parole Board vote plus TDJC involvement.
|
|
All other 1st , 2nd,
and 3rd degree felony offenses. (a 3rd degree
offense maybe classified a Class A Misdemeanor)
|
Straight calendar
time + good time = ¼ of sentence time plus work credits and bonus. Max
to 15 yrs.
|
|
Special Needs
Parole – Elderly, physically
handicapped, terminally ill, or mentally ill
|
At a date earlier than normally calculated
(no longer a threat to society under a supervision plan
|
For the complete and comprehensive Eligibility
Chart please
click on the Eligibility Chart Link below:
Eligibility
Chart
Parole Tip The
inmate and family members should begin the paper
work on the parole plan one year or more
prior to the eligibility date of
the parole review process.
It is important to have an understanding when the inmate is eligible
for a parole hearing. Parole eligibility or the projected release
date is determined by two things, the date when the crime was committed
and the crime itself. Every other year State Legislature goes into
session to make and revise laws under the Texas Constitution. This
is important to know since laws concerning crime and punishment
seem to change with each new legislature. For example, a crime
committed in 1999 may have different sentence stipulations than
the same crime committed in 2004. Some of the more severe crimes
committed such an aggravated robbery must serve a mandatory amount
of time without any "good" time applied.
The Parole Division of the Texas Department of Criminal Justice
tracks all eligibility with every inmate in consideration. They
must take into account the inmate's time served "the flat
time" plus "the good time" accrued plus any work
time earned. The " good" time is awarded to those based
mainly on positive behavior in:
- Work Detailed Assigned
- Academic Studies and
a Willingness to Participate
- Vocational or Employment
Training and Completion
- Special Programs
to Complete as Identified in the ITP (Individual Treatment
Plan)
- Faith-Based Course
Participation and Completion
- Distance Learning
and Remote Correspondence Courses
Understanding Classifications and the "Good Time"
Equations
Good Time Fact: All TDCJ inmates except
capital murder and death row inmates, can and will accrue good
time regardless of when the offense was committed
and the offense itself. Now depending on when the
crime was committed and the crime itself will determine if the
good
time
will be applied to the flat time concerning parole eligibility.
TDCJ Entry Fact: All TDCJ Inmates are
classified as a Line Class 1 upon entry to the TDCJ, regardless
of when the offense was committed and the offense itself. All Line
Class
1
inmates
earn
20 "good time" days for every 30 calendar days that can
or can not be applied to the parole eligibility date again depending
on
the time of offense and the offense itself.
Parole Violators and Prior Class Status Fact: Any
person returning to the TDCJ because of a parole violation will
not retain prior class status unless they were a Line Class
1 upon leaving the TDCJ.
A State Approved Trustee Level # 1 is the highest classification
one can receive while incarcerated in the TDCJ Myth:. Bunk,
there is no such classification at this time.
The Good Time versus Classification Status
- Line Class 3 - The lowest assigned classification
level. Consistent and strong disciplinary actions. No "good time"
credit awarded
at Line Class 3.
- Line Class 2 -
Typically a demotion to this classification level due to a major
disciplinary infraction. Possible
evaluation
of a class change within one year of the infraction providing
no change in disciplinary status. 10 "good time"
days for every 30 calendar days incarcerated, are awarded.
- Line Class 1 -
Classified upon TDCJ entry. No disciplinary infraction will earn 20 "good
time" days
for every 30 calendar days incarcerated. Automatic promotion
to State Approved Trustee status in six to eight months providing
there are no disciplinary actions.
- State Approved Trustee 4 - is
a privileged status offering certain perks that line class status
are not afforded.
A SAT4 is awarded 25 "good time" days for every
30 calendar days incarcerated.
- State Approved Trustee 3 -
a promotion from SAT4 offering additional status recognition
and privileges.
A
SAT3 is awarded day for day another words 30 "good
time" days
for every 30 calendar days incarcerated.
- State Approved Trustee 2 -
a promotion from SAT3 offering the highest status recognition
and privileges. A SAT2 is awarded the same as a SAT3 day
for day.
Program Participation Credits or work detail
can be accumulated as well. If an inmate is attending school, vocational
programs,
faith-based
classes or involved in work assignments, they can receive up to 15
days of credit for every 30 days incarcerated. So theoretically,
an inmate can obtain a maximum of 30 "good time" and
15 "participation" days for every 30 days incarcerated. The
math is simple, 8 months of maximum good time plus participation
time would equal 1 full year of calendar time. So an inmate
could potentially knock down 20 months of sentence time obligation
in one calendar year! Not too many other states offer such an incentive.
Department policy spells out in detail the requirements by which
an offender may be pro-moted/demoted to and from the above time-earning
promotion categories and custody levels for determining good-conduct
time eligibility, with any change in classification having to
be recommended by the Unit Classification Committee and
approved by the State Classification Committee.
Offenders who are not capable of participating in work or school
programs (i.e., those on furlough or bench warrant, going through
classification, in transient status and housing or those with
special needs) are exempt from participation requirements and
are awarded the maximum amount of good-conduct time each month
based on their time-earning status, to include 15 days of diligent
participation credit.
Class Determination, Restrictions and Ineligibility
For as long as offenders are in administrative segregation, they
are awarded only the amount of good-conduct time based on their
time-earning status. They may not be awarded the diligent participation
credit. An offender placed in pre-hearing detention may not
earn good-conduct time credits while in that status. Offenders
who are placed on cell restriction for any violation are required
to participate in their assigned work, or treatment or school
programs in order to be awarded good-conduct time. Those on
special cell restriction (not allowed to leave their cells
to participate in such programs) will earn no good-conduct
time while on that restriction. While in solitary confinement,
offenders shall not be awarded any good-conduct time or diligent
participation good-conduct time.
Offenders found guilty of a disciplinary offense (see also Loss
and Restoration of Credit) resulting in a minor penalty are not
precluded from being reviewed or considered for promotion in
their time-earning status. However, minor cases may be considered
in making decisions regarding status promotion. Offenders guilty
of major penalties may not be reviewed or considered for
promotion in class for a period of 12 months from the date of
the offense.
Consecutive Sentences
When two or more sentences for offenses committed on or after
September 1, 1987, are to be served consecutively, each sentence
shall be considered as a single sentence for purposes of the
application of good-conduct time credit determining an offender’s
parole eligibility date. The Texas Board of Pardons and Paroles
will designate the date on which one sentence in the series “ceases
to operate,” and the offender then begins the next sentence
in the series.
Calendar time served and good-conduct time accrued
during one sentence in the series cannot be used to determine
the date on which a subsequent sentence in the series ceases
to operate or the offender’s parole eligibility from the
last sentence in the series begins. The sum of the consecutive
sentences shall be considered as a single sentence for purposes
of the application of good-conduct time in determining the date
on which the offender is eligible for release to mandatory supervision.
Loss and Restoration of Credit
Good-conduct time may be forfeited as a result of disciplinary
rule violations and shall not be restored. Additionally, good-time
credit shall be forfeited by an offender upon a final state or
federal court order dismissing as frivolous or malicious a lawsuit
brought by the offender. The amount of good-conduct time an offender
is subject to forfeit is 60 days of an offender’s accrued
good-conduct time if the TDCJ has previously received one final
order; 120 days of time for two final orders; and 180 days of
time for three or more final orders received.
Tip To
find out the classification of your family member you call the
Huntsville Classification Department at 936-437-6231. Be sure to
have the TDCJ # available. Also, inmate can file I-60 request
if they believe there is a discrepancy on their timesheets. Prison unit management assigns the "good" time and the Office
of Records and Classifications is responsible for tracking an inmates
total time. This composite of time served, is a percentage of
the total time against
the sentence
length.
As
the
percentage
of
time served approaches the sentence time, the Parole Division's
computer system kicks out those eligible within six months
of a projected hearing date. The parole process begins. The inmate's
file is now on the move from an Austin warehouse to the assigned
parole office. |