Texas law for serving dead time in county while waiting to be transferred.

Asked over 1 year ago - La Porte, TX

My husband in on parole and got stopped and was charged with a DWI. His parole office sentenced him to do 45 days in ISF which is a facility for parole violators. He has been sitting in Fort Bend county for 3 weeks now waiting to be transferred to ISF. I just find it ridiculous for him to be sitting there for almost a month to go and serve out 45 days. Is there any law that states that the time he is serving now should be counted? I obviously don't know the law and it just seems a little crazy to me that he's been there almost half of his time he needs to serve at ISF and this time is not going to count for nothing. Please advise if there is anything at all we can do. Thank you.

Attorney answers (2)

  1. Cynthia Russell Henley

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . He is lucky his parole was not revoked with him being sent back to serve all of his time since not only did he simply violate parole but he picked up a new case.

    If his parole gets revoked at any point, he will get credit for all time served including the "dead time" in county jail but he is receiving a gift of ISF - WHEN A POSITION OPENS - instead of having his parole revoked. They cannot force a position to be open for him.\

    (Compare this to a person who receives boot camp or some other "in custody" "treatment" as a condition of probation. That person must sit in jail awaiting fora position to open even though they are not even getting time - they are getting probation. Makes your husband's situation seem a bit less unfair.)

    Cynthia Henley
    713-222-1220

  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If he was ordered to do 45 days ISF, he has to do 45 days ISF. He's lucky he's not going to the pen.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more

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