The Texas Parole Process
Parole Eligibility
Texas Parole eligibility is determined by Texas Government Code §508.145 - Eligibility for Release On Parole; Computation of Parole Eligibility Date.
View: Texas Government Code §508.145
Alternatively, you can use the Texas Department of Criminal Justice Inmate Search to look up your loved one and see their parole eligibility date
Understanding the rules for parole and mandatory supervision can be a headache because the laws change so often. However, there is one golden rule to keep in mind: the law that applies to you is the law that was in effect on the day you committed the crime.
1. When it Happened Matters
If you are trying to figure out when someone is eligible for release, don’t look at today’s laws. Instead, look at the date the offense started.
The Cutoff Date: Most new laws go into effect on either August 31 or September 1 following a legislative session.
Why it matters: A difference of just one day in the offense date can change a release date by years.
2. How Release Dates are Calculated
The date someone becomes eligible for parole depends on the type of crime and when it happened.
3. "Good Time" vs. "Flat Time"
It is important to understand the difference between serving days and earning credits:
Standard Crimes: Most inmates can earn "good time" credits for behavior or work. This means they often reach that 25% eligibility mark much faster than if they were just counting days on a calendar.
Violent Crimes (Post-1993): For violent offenses committed after September 1, 1993, the law is much stricter. The inmate must serve 50% of the actual calendar time (day-for-day). In these cases, "good time" credits do not help them get to a parole hearing any sooner.
The Bottom Line: To know when an inmate might come home, you first have to pinpoint the exact date the crime occurred and check the specific rules for that year.
Note: Some offenses are no longer eligible for parole
Capital Murder with a sentence of life without parole.
Continuous Sexual Abuse of a Young Child or Children (under age 14), [Texas Penal Code §21.02].
Continuous Trafficking of Persons [Texas Penal Code §20A.03].
Aggravated Sexual Assault [Texas Penal Code §22.021] under specific, severe circumstances.
Repeat/Aggravated Sex Offenders (e.g., Aggravated Sexual Assault or Kidnapping with specific prior convictions, requiring 35 years calendar time, effectively preventing parole for many).
Injury to a Child, Elderly, or Disabled Individual [Texas Penal Code §22.04(a)(1)] if deemed a first-degree felony with specific victim criteria.
Certain Burglary (First-degree of a Habitation with intent to commit a sexual offense).
| If the Crime is... | Date Crime Committed | Parole Eligibility Requirement |
|---|---|---|
| With a deadly weapon | Before September 1st, 1993 | Must serve 1/4 (25%) of the sentence. |
| without a deadly weapon | On or after September 1st, 1993 | Must serve 1/2 (50%) of the sentence. |
| Most other crimes | Anytime | Must earn credits equal to 1/4 (25%) of the sentence. |
| Violent crimes | On or after September 1st, 1993 | Must serve 1/2 (50%) of actual time (no "good time" allowed). |
The Parole Panel Voting Process
The Parole Division of the Texas Department of Criminal Justice identifies inmates six months prior to their initial parole eligibility, and four months prior to subsequent review dates, and directs the case file to be pulled for review.
Notice is sent to trial officials, victims, victims' family members.
An Institutional Parole Officer (IPO) of the Texas Board of Pardons and Paroles interviews the inmate and prepares a parole case summary for the Board
The inmate's file is sent to the designated board office for review and vote by a Parole Panel.
A panel consists of three voting members and a majority of two votes is needed for a final decision.
Voting is sequential, with one panel member recording their vote and passing it to the next panel member.
If the first two votes are the same, the vote is final.
If the first two votes differ, the third panel member reviews the case and breaks the tie.
An interview with the inmate is at the discretion of the Parole Panel member, as are interviews with individuals in support or protest of an inmate’s release to parole.
Parole Panel members must grant an interview to victims, as defined by statute, upon request.
Source: Parole Review Process
Parole Panel Voting Options
The voting panels of the Texas Board of Pardons and Paroles do not vote just “yes” or “no” on parole cases. The panels have a number of voting options for parole approval. The Board may withdraw an approval vote at any time if new information is received.
Approval Votes
FI-1: Release the offender when eligible.
FI-2 (Month/Year): Release on a specified future date.
FI-3R: Transfer to a TDCJ rehabilitation program. Release to parole only after program completion.
FI-4R (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP).
FI-5: Transfer to In-Prison Therapeutic Community Program (IPTC). Release to aftercare component only after completion of IPTC program.
FI-6: Transfer to a DWI Program and release to a continuum of care program.
FI-6R (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and no earlier than six months from specified date. Such TDCJ program may include the Pre-Release Therapeutic Community (PRTC), Pre-Release Substance Abuse Program (PRSAP), or In-Prison Therapeutic Community Program (IPTC), or any other approved tier program.
FI-7R (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than seven months from the specified date. Such TDCJ program shall be the Serious and Violent Offender Reentry Initiative (SVORI).
FI-9R (Month/Year): Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9).
FI-18R (Month/Year): Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than 18 months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-18).
CU/FI (Month/Year-Cause Number): Designate the date on which the offender serving consecutive sentences would have been eligible for release on parole if the offender had been sentenced to serve a single sentence. This date shall be within a three-year incarceration period following the panel decision.
RMS: Release to mandatory supervision.
Denial Votes
NR (Month/Year): Deny parole and set time for next parole consideration. State law requires annual reviews except for offenders serving a sentence for an offense listed in Section 508.149(a), Government Code, or for an offense punishable as a felony of the second or third degree under Section 22.04, Penal Code. For these offenders, the next review date (month/year) may be set up to five years from the panel decision date, but in no event shall it be less than one calendar year from the panel decision date.
SA: Deny parole with no regular subsequent review, requiring offender to serve balance of sentence, unless eligible for mandatory supervision consideration prior to projected release date.
CU/NR (Month/Year-Cause Number): Deny favorable action and set the next review date at one year from the panel decision date. If the offender is serving a sentence for an offense listed in Section 508.149(a), Government Code, or for an offense punishable as a felony of the second or third degree under Section 22.04, Penal Code, the next review date (month/year) may be set at any date in the five-year incarceration period following the panel decision date, but in no event shall it be less than one calendar year from the panel decision date.
CU/SA (Month/Year-Cause Number): If the offender is serving a sentence for an offense listed in Section 508.149(a), Government Code, or for an offense punishable as a felony of the second or third degree under Section 22.04, Penal Code; deny release and order serve-all, but in no event shall this be utilized if the offender’s maximum expiration date is over five years from the date of the panel decision. If the offender is not serving an offense under Section 508.149(a), Government Code, deny release and order serve-all, but in no event shall this be utilized if the offender’s maximum expiration date is over one year from the date of the panel decision.
DMS (Month/Year): Deny release to mandatory supervision and set the next mandatory supervision review date one year from the panel decision date.
Source: Parole Panel Voting Options