Your question is posted to the federal criminal practice area. You are more likely to receive a response if posted to the criminal defense practice area in your state. I have made that change. Good luck.
He will be parole eligible when he earns enough actual credit time equal to one half of his sentence. A six year sentence is equal to 72 months. One half of 72 is 36 months. Thirty six less 16 months of credit leaves 20 months remaining for parole eligibility.
Note: parole eligibility does not mean he will be granted parole. There are many other factors which also factor into the decision to grant parole by the Pardon and Parole Board/governor. Including his conduct. There is no reliable predictor of when/if parole will be granted and accordingly he may be required to serve the entire sentence.
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If there was an affirmative finding on the "aggravated" portion of his sentence it will be a 3g offense and he must do 1/2 of his sentence before he is ELIGIBLE for parole. However, there is also currently legislation pending (House Bill 2120) concerning 3g sentences (which I understand has been tabled pending committee review). You ask if his 16 months of county time will count, yes. So on a 6 year sentence, with credit for 16 months, he should be eligible for parole in 20 months; (6 years divided by 1/2 = 36 months less 16 served = 20 left before eligible). I will a website you will find very useful during this time and you can go to the site to discover rules you will need to know. Also I recommend you join Texas Inmate Families Association (TIFA). They offer guidance on parole packets among other assistance. Its email is [email protected] Good luck to you.
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