What is the remedy, if any, when - through clerical error - an inmate is released early? One thought is to rearrest and have the person lay out the remainder of the sentence; seems to me that the person benefited from the State's error - sometimes you get lucky.

What is your policy?

Lisa L. Peterson
Nolan County Attorney

Issue a warrant and put the person back into custody.

TDCJ has the ability to issue a warrant in this situation, I believe. Do they know?

There is some case law out there that says if an inmate is released improperly, though no fault of his own, he is syill entitled to credit on his sentence as though he were incarcerated. Not sure if this is still the law. A warrant is the proper remedy.

It has been a while since anyone replied to this post. I have had the issue come up recently.

Does anyone know of any authority for the proposition that TDCJ, county jails, or any other institution has the authority to issue warrants for individuals released under clerical errors?

I think TDC has the authority, but I don't know that other institutions do unless the inmate in question is a TDC inmate.