Parole Revocation Hearing Results

Posted over 3 years ago. Applies to Texas, 10 helpful votes

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The Basics: Texas Government Code Section 508.283 Sanctions

The basics of what could result from a Parole Revocation Hearing may be found in Texas Government Code Section 508.283. Section 508.283(a)(1) & (2) provide that the board may recommend to the governor to continue, revoke, or modify the conditional pardon (if applicable); and a parole panel may continue, revoke, or modify the parole or mandatory supervision. Section 508.283(b) says that if the parole, mandatory supervision, or conditional pardon of a person described by Section 508.249(a) is revoked, the person may be required to serve the remaining portion of the sentence on which the person was released. The remaining portion is computed without credit for the time from the date of the person's release to the date of revocation, or, in other words, their street-time credit. So, in other words this takes us to our next section.

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Texas Government Code 508.283(b)

A common question I run into is, "what will happen with my street-time credit?" As mentioned in the previous section, if you are revoked, and you were on parole, mandatory supervision, or conditional pardon as described by Section 508.149(a), then you will not receive credit for the time from the date of release to the date of revocation (your street time.)

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Texas Government Code Section 508.149(a)

You are probably now wondering who falls under Texas Government Code Section 508.149(a). Texas Government Code Section 508.149(a) describes the following as offenses for which you will not receive street-time credit if you are revoked: 1) an offense for which the judgment contains an affirmative finding under Section 3g(a)(2), Art. 42.12, Code of Criminal Procedure 2) A 1st or 2nd degree felony under Section 19.02, Penal Code (Murder) 3) A capital felony under Section 19.03, Penal Code (Capital Murder) 4) A 1st or 2nd degree felony under Section 20.04, Penal Code (Aggravated Kidnapping 5) an offense under Section 21.11, Penal Code (Indecency with a Child) 6) a felony under Section 22.011, Penal Code (Sexual Assault) 7) a 1st or 2nd degree felony under Section 22.02, Penal Code (Aggravated Assault) 8) a 1st degree felony under Section 22.021, Penal Code (Aggravated Sexual Assault)

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(con't)

9) a 1st degree felony under Section 22.04, Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual) 10) a 1st degree felony under Section 28.02, Penal Code (Arson) 11) a 2nd degree felony under Section 29.02, Penal Code (Robbery) 12) a 1st degree felony under Section 29.03, Penal Code (Aggravated Robbery) 13) a 1st degree felony under Section 30.02, Penal Code (Burglary) 14) a felony for which the punishment is increased under Section 481.134 (Drug Free Zones) or Section 481.140 (Use of Child in Commission of Offense), Health and Safety Code 15) an offense under Section 43.25, Penal Code (Sexual Performance by a Child) 16) an offense under Section 21.02, Penal code (Continuous Sexual Abuse of Young Child or Children) 17) a 1st degree felony under Section 15.03, Penal Code (Criminal Solicitation)

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Everyone Else

Texas Government Code 508.283(c) governs everyone's street-time credit that does not fall under the previous section. It essentially says that certain parole violators (those not mentioned above) will receive street-time credit if the remaining portion of their sentence is less than the amount of time they have spent on parole. It can be simplified into the following test to determine whether the parolee receives street-time credit: 1) if, on the summons date, the remaining portion of the parolee's sentence is greater than the time spent on parole, the parole receives no street-time credit for the time spent on parole. 2) if, however, on the summons date, the remaining portion of the parolee's sentence is less than the time spent on parole, the parolee receives street-time credit for the amount of time spent on parole. Street-time credit refers to calendar time a person receives towards his sentence for days spent on parole or mandatory supervision.

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Conclusion

I hope this guide proves helpful. Obviously, this topic is very complex and full of legal jargon which can be difficult to understand, even for lawyers. This area of law, like all areas of law, is subject to interpretation and changes in the law. This guide is not intended to create a lawyer/client relationship and is for informative purposes only. I highly recommend contacting a parole lawyer if you have any questions or need representation in a parole revocation hearing as every case is different and the law applies differently to different cases. Good luck!

Additional Resources

http://www.avvo.com/attorneys/77301-tx-joshua-zientek-1843690.html http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.508.htm#508.281 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.508.htm#508.149 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.508.htm#508.283

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