Texas Government Code 508.149 – Inmates Ineligible for Mandatory Supervision
(a) An inmate may not be released to mandatory supervision if the inmate is serving a sentence for or has been previously convicted of:
(1) an offense for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure;
(2) a first degree felony or a second degree felony under § 19.02, Penal Code;
(3) a capital felony under § 19.03, Penal Code;
(4) a first degree felony or a second degree felony under § 20.04, Penal Code;
(5) an offense under § 21.11, Penal Code;
(6) a felony under § 22.011, Penal Code;
(7) a first degree felony or a second degree felony under § 22.02, Penal Code;
(8) a first degree felony under § 22.021, Penal Code;
(9) a first degree felony under § 22.04, Penal Code;
(10) a first degree felony under § 28.02, Penal Code;
(11) a second degree felony under § 29.02, Penal Code;
(12) a first degree felony under § 29.03, Penal Code;
(13) a first degree felony under § 30.02, Penal Code;
(14) a felony for which the punishment is increased under § 481.134 or 481.140, Health and Safety Code;
(15) an offense under § 43.25, Penal Code;
(16) an offense under § 21.02, Penal Code;
(17) a first degree felony under § 15.03, Penal Code;
(18) an offense under § 43.05, Penal Code;
(19) an offense under Section 20A.02, Penal Code;
(20) an offense under Section 20A.03, Penal Code;
(21) a first degree felony under § 71.02 or 71.023, Penal Code;
(22) an offense under § 481.1123, Health and Safety Code, punished under Subsection (d), (e), or (f) of that section;
(23) a second degree felony under § 22.01, Penal Code; or
(24) an offense under § 22.01, Penal Code, punished under Subsection (b)(2), (7), or (8) of that section.
(a-1) An inmate serving a sentence for an offense under § 51.03 or 51.04, Penal Code, may not be released to mandatory supervision.
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 $ |
| First degree felony | between 5 years and life | up to $10,000 |
| Second degree felony | between 2 and 20 years | up to $10,000 |
Terms Used In Texas Government Code 508.149
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
(b) An inmate may not be released to mandatory supervision if a parole panel determines that:
(1) the inmate’s accrued good conduct time is not an accurate reflection of the inmate’s potential for rehabilitation; and
(2) the inmate’s release would endanger the public.
(c) A parole panel that makes a determination under Subsection (b) shall specify in writing the reasons for the determination.
(d) A determination under Subsection (b) is not subject to administrative or judicial review, except that the parole panel making the determination shall reconsider the inmate for release to mandatory supervision at least twice during the two years after the date of the determination.