Texas Post Conviction - Is a “10 Year TDCJ Sentence “Really “10 Years”?
Not directly related to Texas Bond but looking down the road - What if your Loved One is actually sentenced to prison or jail - will they really serve that exact time? Here is a bit of insight:
Federal Bureau of Prisons: If sentenced by a Federal Court a Detainee will generally obtain credit for approximately 55 days per year for positive behavior. But remember, depending on the length of the imposed sentence many Detainees are placed in half way homes for several months or more before entry into Supervised Release (parole). Halfway facilities are usually in the local of that Detainee’s home upon entering Supervised Release.
Texas Dept. of Criminal Justice: These facilities accept Detainees having Texas 1st, 2nd, and 3rd Degree Felonies. Generally, depending on if the conviction is a “violent offense” or there are previous felony or other previous convictions a Detainee might be required to stay within the facility for at least 50% of the imposed sentence. But these aside, early release is generally based on TDCJ recommendations and are “formally” determined by the Texas Board of Pardons & Parole. A Detainee receiving a 5 year sentence with no serious prior criminal or violent history could be paroled after 18 months while it could be 4.5 years for a Detainee with opposite characteristics.
Lastly, remember, you can support your Loved One by gathering, creating and submitting a Parole Support Package. This is a Package that is filed with the Texas Board of Pardons & Parole and TDCJ in support of a request for parole. It generally includes evidence where the Detainee will live, employment opportunity, family support, counseling support, etc. Sometimes this can make a serious difference.
Texas State Jail Facilities: These are “contracted” private jail Facilities for Detainees convicted of Texas State Jail Felonies (the smallest type of felony) and generally have a limit of 2 years. Historically they would give credit for 10% but this fluctuates between political pressures and the substance of their contracts signed with the State of Texas.
SAFP: Note, this is technically not prison or jail but is a contracted facility to address narcotic addictions and is generally between 9 to 15 months and when released the Detainee will usually be on probation.
County Jail: Involves the local County Jail run by the County Sheriff. Post Conviction wise - these facilities are only for Misdemeanors with a maximum of one year detention. Each County Sheriff determines what degree of credit for positive behavior is given in addition to other actions such as Trustee or volunteering status of Detainees. We have seen this credit range from as low as 10% up to 4 days of credit for 1 real day of detention.
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