Parole FAQs
Frequently Asked Questions About Parole in Texas
As with other areas of criminal law, parole can be a complicated subject. While prisoners may be eligible for parole after serving a certain amount of time in jail, they may need to meet a variety of requirements before they can be approved for release. At Pullan & Young, we strive to answer any questions that our clients may have about the parole process, including:
When Will a Prisoner's Case Be in Parole Review?
A parole review will occur within a few months before a prisoner's parole eligibility date. The first time a person is eligible for parole, the review period will begin six months before their eligibility date. In any subsequent parole cases, the review period will begin four months before the parole review date. When a prisoner's case is in parole review, the Texas Board of Pardons and Paroles will begin compiling information that may be used to determine whether parole should be granted. During this time, the prisoner and their attorney can prepare and submit information to the parole board that may influence the parole panel's decision, including written statements from the prisoner or others who have information about the case, evidence of rehabilitation, and any other supporting materials.
Will a Prisoner Be Interviewed by the Parole Board?
There are multiple types of interviews that may be conducted during the parole review process. An Institutional Parole Officer (IPO) will interview the prisoner to gather information about the case and submit it to the parole board. However, the prisoner generally will not participate in interviews conducted by the parole panel that will make a decision about whether to grant parole. These interviews will usually involve the prisoner's attorney and others who may provide insight about a case, such as the prisoner's family members or the victims of crimes. The parole panel may also choose to conduct interviews with inmates, and in some cases, these interviews are mandatory. Our attorneys can provide guidance on how different types of interviews will be handled, and we can ensure that the proper information is provided to the parole board.
What Is a Parole Guideline Score?
When considering whether to grant parole, the parole board will consider multiple factors. Some of these factors will be used to calculate a Guideline Score that is meant to give an indication of whether a person will be able to successfully reintegrate into the community after being released. The Guideline Score is based on two components: risk assessment and offense severity.
Offense severity is based on the crimes for which a person was convicted, and it will range from a low severity for non-violent crimes to the highest severity for capital murder. Risk assessment is determined based on factors related to a person's previous criminal record and their rehabilitation during incarceration. It will take into account the person's age at the time of their offense, their current age, their employment history, previous periods of incarceration, whether they are a member of a gang, the self-improvement activities they have engaged in while incarcerated, and any discipline against them while they were in prison.
Based on the class of offense severity and a person's level of risk, a prisoner will be given a Guideline Score from 1 to 7. A score of 1 indicates that a prisoner has the lowest probability of success after being released, while a score of 7 may show that prison has a high chance of being able to successfully re-enter society. While a Guideline Score will not be the sole deciding factor on whether to grant parole, it will play a significant role in a parole panel's decisions.
What Are the Reasons Why Parole May Be Approved or Denied?
The parole panel's decisions may be based on factors such as:
- Criminal history - A documented pattern of violent crimes or multiple convictions for other types of crimes may indicate that a person will be predisposed to commit additional offenses after being released.
- Nature of the offense - If a person was convicted of a non-violent offense, this may show that they do not have a tendency to engage in behavior that could put others at risk. On the other hand, convictions for assault or other violent crimes may show that a person has a conscious disregard for other people's lives or property.
- Drug or alcohol use - The parole board may consider whether a person is likely to engage in excessive substance use that could affect their ability to achieve success after their release.
- Institutional adjustment and adjustment during periods of supervision - If a person has adjusted well to living in prison, or if they have been successful during previous periods of probation or supervision, this may indicate that they will be able to be successful after being released.
- Participation in self-improvement programs - A person who has participated in and completed a treatment plan and activities meant to encourage rehabilitation may be more likely to be granted parole.
- Time served - The parole panel may consider whether the amount of time a person has served is appropriate based on the offense for which they were convicted.
- Offenses committed while incarcerated - If a person has been charged with or convicted of a felony offense while they were in prison, this may affect decisions about parole.
- Discretionary mandatory supervision - If a prisoner is eligible for mandatory release, the parole panel may determine whether the time credits they received for good behavior reflect their potential for rehabilitation.
- Gang affiliation - A prisoner's membership or participation in a group that is a designated security threat may affect decisions about parole.
What Are the Potential Outcomes of a Parole Review?
The parole panel will vote on whether parole should be granted and the requirements that a person will need to meet. The panel members may vote for one of the following outcomes:
- FI-1: The prisoner will be released as soon as they are eligible for parole.
- FI-2: The prisoner will be released on a specified date.
- FI-3R: The prisoner will be transferred to a rehabilitation program conducted by the Texas Department of Criminal Justice (TCDJ). They may be released on parole after successfully completing the program. They cannot be released prior to three months after a specified date.
- FI-4R: The prisoner will be transferred to a Sex Offender Education Program (SOEP), and they may be released after successfully completing the program. They cannot be released prior to four months after a specified date.
- FI-5: The prisoner will be transferred to an In-Prison Therapeutic Community Program (IPTC), and they will be released to an aftercare program after successfully completing the program.
- FI-6: The prisoner will be transferred to a DWI rehab program, and they will be released to a continuum of care program after successfully completing rehab.
- FI-6R: The prisoner will be transferred to a TCDJ rehabilitation program, and they may be released on parole after successfully completing the program. They cannot be released prior to six months after a specified date.
- FI-7R: The prisoner will be transferred to a program under the Serious and Violent Offender Reentry Initiative (SVORI). They cannot be released prior to seven months after a specified date.
- FI-9R: The prisoner will be transferred to a Sex Offender Education Program (SOEP-9), and they may be released after successfully completing the program. They cannot be released prior to nine months after a specified date.
- FI-18R: The prisoner will be transferred to a Sex Offender Education Program (SOEP-18), and they may be released after successfully completing the program. They cannot be released prior to 18 months after a specified date.
- CU/FI: If a prisoner is serving consecutive sentences, this will specify the date they would have been eligible for a release on parole if they were serving a single sentence.
- RMS: The prisoner will be released on mandatory supervision.
- NR: Parole is denied, and a date will be specified for the next time the prisoner may be considered for parole.
- SA: Parole is denied, and the prisoner will not be eligible for a subsequent parole review unless they become eligible for mandatory supervision.
- CU/NR: Parole is denied, and the next review date is set for one year after the date of the decision.
- CU/SA: Parole is denied based on a conviction for an offense that is not eligible for mandatory supervision, and a prisoner will be required to serve all of their sentence.
- DMS: Mandatory release is denied, and a mandatory supervision review date is set for one year after the date of the decision.
Contact Our Conroe Parole Lawyers
If you have any other questions about parole, or if you want to know more about how Pullan & Young can help during your parole review, contact us at 936-647-1540. We provide free consultations, and we can advise you on the best steps to take to be released from prison.