I am trying a 1992 murder next month that I am going to reindict for capital in part as a bargaining chip. Given the crazy parole laws in 1992, does anyone know how they applied to capital life? One of our prosecutors here in Dallas that was involved in Miller El believes there was NOT mandatory release on capital cases in '92. Does the 15 max apply to capitals?

Westlaw has a nice old statutes database. Here is what Tex Code Crim Proc. art. 42.18 sec. 8(b) said in 1992:


(b)(1) A prisoner under sentence of death is not eligible for parole.
(2) If a prisoner is serving a life sentence for a capital felony, the prisoner is not eligible for release on parole until the actual calendar time the prisoner has served, without consideration of good conduct time, equals 35 calendar years.
(3) If a prisoner is serving a sentence for the offenses listed in Subdivision (1)(B), (C), or (D) of Section 3g(a), Article 42.12 of this code, or if the judgment contains an affirmative finding under Subdivision (2) of Subsection (a) of Section 3g of that article, he is not eligible for release on parole until his actual calendar time served, without consideration of good conduct time, equals one-fourth of the maximum sentence or 15 calendar years, whichever is less, but in no event shall he be eligible for release on parole in less than two calendar years.
(4) Except as provided by Subsection (m) of this section, all other prisoners shall be eligible for release on parole when their calendar time served plus good conduct time equals one-fourth of the maximum sentence imposed or 15 years, whichever is less.

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This was a significant change from 1991, so you might look at the effective date language in
Section 15(b) of Acts 1991, 72nd Leg., ch. 652.

---------------In 1991 42.18, sec 8(b) said:

(b) A prisoner under sentence of death is not eligible for parole. If a prisoner is serving a sentence for the offenses listed in Subdivision (1), Subsection (a), Section 3g, Article 42.12 of this code, or if the judgment contains an affirmative finding under Subdivision (2) of Subsection (a) of Section 3g of that article, he is not eligible for release on parole until his actual calendar time served, without consideration of good conduct time, equals one-fourth of the maximum sentence or 15 calendar years, whichever is less, but in no event shall he be eligible for release on parole in less than two calendar years. All other prisoners shall be eligible for release on parole when their calendar time served plus good conduct time equals one-fourth of the maximum sentence imposed or 15 years, whichever is less.

Lara:

There is also a good publication put out by TDCJ called Parole in Texas. It has a year by year table going back to the 60's that will tell you eligibility by type of offense. You can download it at this link: Parole in Texas

JRR

There is also the book Texas Sentencing, available through Lexis.com. It has an entire chapter on Early Release, summarizing all the changes through the years.

Don't you just love the way the Legislature calls something "Discretionary Mandatory Supervision" to explain how the mathmatical forumula for early release went from automatic to discretionary?

That read these posts and send them out on the list serve, I did reindict this defendant for capital murder on Monday. The defense attorney received a copy of the indictment on Monday and phone call from me. The defendant received a copy of the indictment Monday morning. The defense attorney and I had been discussing the reindictment for months. He is well aware of what is going on with this case, as he should be.