Texas Government Code 508.145 – Eligibility for Release On Parole; Computation of Parole Eligibility Date
Current as of: 2024 | Check for updates
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(a) An inmate is not eligible for release on parole if the inmate is under sentence of death, serving a sentence of life imprisonment without parole, or serving a sentence for any of the following offenses under the Penal Code:
(1) Section 20A.03, if the offense is based partly or wholly on conduct constituting an offense under Section 20A.02(a)(5), (6), (7), or (8);
(2) § 21.02;
(3) § 22.021, if the offense is punishable under Subsection (f) of that section; or
(4) § 51.03 or 51.04.
(b) An inmate serving a life sentence under § 12.31(a)(1), Penal Code, for a capital felony is not eligible for release on parole until the actual calendar time the inmate has served, without consideration of good conduct time, equals 40 calendar years.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Capital felony | up to life | up to $ |
Terms Used In Texas Government Code 508.145
- Arrest: Taking physical custody of a person by lawful authority.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
(c) An inmate serving a sentence under § 12.42(c)(2), Penal Code, is not eligible for release on parole until the actual calendar time the inmate has served, without consideration of good conduct time, equals 35 calendar years.
(c-1)(1) Except as provided by Subdivision (2), an inmate serving a sentence for an offense under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, is not eligible for release on parole.
(2) An inmate serving a sentence for an offense described by Subdivision (1) for which the judgment in the case contains an affirmative finding under Article 42.01991, Code of Criminal Procedure, is not eligible for release on parole until the inmate’s actual calendar time served, without consideration of good conduct time, equals one-half of the sentence or 30 calendar years, whichever is less, but in no event is the inmate eligible for release on parole in less than two calendar years.
(d)(1) This subsection applies only to an inmate who is serving a sentence for:
(A) an offense described by Article 42A.054(a), Code of Criminal Procedure, other than an offense under § 19.03, Penal Code, or an offense under Chapter 20A, Penal Code, that is described by Subsection (a)(1) or (c-1)(1);
(B) an offense for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure; or
(C) an offense under § 71.02 or 71.023, Penal Code.
(2) An inmate described by Subdivision (1) is not eligible for release on parole until the inmate’s actual calendar time served, without consideration of good conduct time, equals one-half of the sentence or 30 calendar years, whichever is less, but in no event is the inmate eligible for release on parole in less than two calendar years.
(3) Notwithstanding Subdivision (2), an inmate who is serving a sentence for an offense under § 22.021, Penal Code, is not eligible for release on parole if the inmate is serving a sentence for an offense for which punishment was enhanced under § 12.42(c)(4), Penal Code.
(d-1) Notwithstanding Subsection (d), for every 12 months that elapse between the date an arrest warrant is issued for the inmate following an indictment for the offense and the date the inmate is arrested for the offense, the earliest date on which an inmate is eligible for parole is delayed by three years from the date otherwise provided by Subsection (d), if the inmate is serving a sentence for an offense under § 19.02, 22.011, or 22.021, Penal Code.
(e) An inmate serving a sentence for which the punishment is increased under § 481.134, Health and Safety Code, is not eligible for release on parole until the inmate’s actual calendar time served, without consideration of good conduct time, equals five years or the term to which the inmate was sentenced, whichever is less.
(f) Except as provided by Section 508.146, any other inmate is eligible for release on parole when the inmate’s actual calendar time served plus good conduct time equals one-fourth of the sentence imposed or 15 years, whichever is less.