July 2022 Parole Newsletter
- July 10, 2022
- News, Parole, Parole Representation
- Alex
- Comments Off on July 2022 Parole Newsletter
| James Randall Smith & Gregory Tsioros |
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| Attorneys at Law 2016 Main Street, Suite 102 Houston, Texas 77002 |
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| Telephone:832.752.5972 | Website: www.texasparole.com | Fax: 713.529.9207 |
TIME CALCULATIONS FOR FIRST PAROLE REVIEW
The following information is based on laws currently in effect. A person being held in county jail or custody will receive credit for his time in custody toward the parole eligibility date. For example: an inmate has been in custody for 6-months prior to being sentenced to a 10-year sentence. The inmate would be eligible for parole (if the case is not a 3g offense) in 1 year 2 months and 8 days. The 6-months should be subtracted from the 1year and 2 months parole eligibility date leaving a parole eligibility date of approximately 8-months from the date of sentencing.
The following is a parole and discretionary mandatory supervision eligibility chart, remember the parole board presently is placing inmates into parole review six months in advance of these calculated times and the parole board can vote cases as early as two months before parole eligibility date, in other words you need to hire me well in advance of the computed appearance date. The burden is on the inmate/attorney to find evidence, analyze the evidence, have a story and explanation of why the parole board should allow the inmate to leave prison. If the parole board does not believe the evidence or explanation or if they’re not sure the law requires the parole board to deny parole.
| PAROLE | DISCRETIONARY MANDATORY | |||
|---|---|---|---|---|
| Yrs. | 3g Offenses | All Other Offenses | 3g/508.149 Offenses | All Other Offenses |
| 1 | N/A | 1 mos 13 days | N/A | 5 mos 21 days |
| 2 | N/A | 2 mos 25 days | N/A | 11 mos 8 days |
| 3 | 2 yrs | 4 mos 8 days | N/A | 1 yr 5 mos 2 days |
| 4 | 2 yrs | 5 mos 21 days | N/A | 1 yr 10 mos 22 days |
| 5 | 2 yrs 6 mos | 7 mos 3 days | N/A | 2 yrs 4 mos 12 days |
| 6 | 3 yrs | 8 mos 15 days | N/A | 2 yrs 10 mos 3 days |
| 7 | 3 yrs 6 mos | 10 mos 0 days | N/A | 3 yrs 3 mos 20 days |
| 8 | 4 yrs | 11 mos 8 days | N/A | 3 yrs 9 mos 16 days |
| 9 | 4 yrs 6 mos | 1 yr 0 mos 24 days | N/A | 7 yrs 3 mos 4 days |
| 10 | 5 yrs | 1 yr 2 mos 8 days | N/A | 4 yrs 8 mos 24 days |
| 11 | 5 yrs 6 mos | 1 yr 9 mos 9 days | N/A | 6 yrs 1 mos 6 days |
| 15 | 7 yrs 6 mos | 2 yr 1 mos 20 days | N/A | 7 yrs 1 mos 6 days |
| 20 | 10 yrs | 2 yrs 4 mos 12 days | N/A | 9 yrs 5 mos 18 days |
| 25 | 12 yrs 6 mos | 2 yrs 11 mos 15 days | N/A | 11 yrs 10 mos |
| 30 | 15 yrs | 3 yrs 6 mos 18 days | N/A | 14 yrs 2 mos 12 days |
| 35 | 17 yrs 6 mos | 4 yrs 1 mos 21 days | N/A | 16 yr 6 mos 24 days |
| 40 | 20 yrs | 4 yrs 9 mos | N/A | 18 yr 11 mos 6 days |
| 45 | 22 yrs 6 mos | 5 yrs 4 mos 3 days | N/A | 21 yrs 3 mos 18 days |
| 50 | 25 yrs | 5 yrs 11 mos 8 days | N/A | 23 yrs 8 mos |
| 55 | 27 yrs 6 mos | 6 yrs 6 mos 11 days | N/A | 26 yrs 12 days |
| 80 | 30 yrs | 7 yrs 1 mos 15 days | N/A | 28 yrs 4 mos 24 days |
| LIFE | 30 yrs | 7 yrs 1 mos 15 days | N/A | N/A |
INMATE RELEASE RATES
In my last newsletter I noted the Parole Board had the highest release rates in my 30+ years of representing inmates before the parole board. Unfortunately, this did not last long. There has been a 6%reduction in release rates since my last newsletter. The last 6-months has shown a steady decline in release rates. The release rates have fallen from a high of around 43% to a release rate of approximately 37% as of June 2022. I cannot determine at this time if the release rates were higher because of the virus and the Parole Board is returning to a lower release rate. For years the Parole Board release rate for parole stayed around 33% of the cases they reviewed. I will continue to monitor the Parole Board Release Rates and try to update you on my next newsletter around January 2023.
SUPREME COURT CASE AFFECTING ALL INMATES
The US Supreme Court gutted constitutional protections that for years have provided a federal lifeline to innocent prisoners facing prolonged incarceration for poor legal counsel. The ruling in Shinn v. Ramirez written by Justice Clarence Thomas for the newly dominant right wing majority of the nation’s highest court now bars federal courts from hearing new evidence that was not previously presented in a state court as a result of the defendant’s ineffective legal representation. The court ruled inmates should not be allowed to present new evidence to a federal judge when they failed to do so previously in a state court. Lawyers for the inmates pointed out the inmates had only failed to present the evidence in state courts because the legal counsel they had been assigned by the state were woefully inadequate. In his opinion, Justice Thomas presented the case as a state’s rights argument. He said that federal court should not be allowed to override the state’s core power to enforce criminal law.
INMATE RUMORS
We have received letters from inmates informing us that they have been informed by other inmates that they should acquire a disciplinary case because if an inmate’s file goes before the Parole Board with a clean disciplinary record the Parole Board will believe the inmate is playing a game at being a good guy. This is the stupidest rumor I have heard in my 30+ years of representing inmates before the Parole Board. Should an inmate receive a major disciplinary case the Parole Board will definitely take this into consideration. We represent inmates before the Parole Board on a weekly basis and we have had the opportunity to ask Parole Board Members about this rumor. We were informed it is the Parole Board’s belief if inmates receive major disciplinary cases knowing they are being watched by the guards and administration and still act up, it is communicating to the Parole Board Members the disciplined inmate believes he/she does not have to follow rules. Since there are numerous stipulations and laws placed upon an inmate when he/she is granted parole and citizens of the United States and the State of Texas have rules and laws they must obey, then any inmate acquiring major disciplinary cases is telling the Parole Board Members he/she will do what they please when they are released and continue with their life of crime and disregard for innocent citizens property and lives.
We continue to receive letters and telephone calls from family members asking about changes the Legislature made in the laws affecting the inmate population. We have sent numerous newsletters out explaining the Texas Legislature last met in January 2021 and there were no laws passed affecting the inmate population. The next Texas Legislature will not meet until January 2023 and it will not be until August/September 2023 before we know if there are any laws that impact the inmate population. Inmates who continue to hope the Republican-led Texas Legislature will come to their rescue are sadly mistaken. Every one of the Legislatures ran on a platform of being tough on crime. For those inmates that continue to hope for some help from the Texas Legislature reminds me of the story of the man who went to the bank to open up an account. The bank asked him did he have any money to open up the account and he informed the bank no, but he would come into the bank any day with a lot of money because he is walking up and down the street looking for a lotto ticket someone threw away and that ticket has the correct numbers for him to collect millions of dollars from the lotto. I guess you can continue to walk up and down the street looking for that lotto ticket (hope the Texas Legislature will change the laws to your benefit) or you can take control of your life, hire an competent parole attorney who knows how to find the evidence, analyze that evidence and prepare a persuasive parole package that convinces the Parole Board you deserve to leave prison or learn to do this yourself . I wonder which one of these inmates will get out of prison first… the seeker of the discarded lotto ticket or the person that is proactive and takes charge of his/her life and future?
PAROLE REPRESENTATION
ATTORNEY REPRESENTATION & WHY WE MUST BE HIRED A LONG TIME BEFORE THE ELIGIBILITY DATE. We continue to have to refuse cases because the family or loved ones call the office after the inmate has gone into review: It is too late to hire any attorney after you are in review! The Board rule allows the Board to decide if an inmate goes home or stays in prison for a least another year or up to 5 years two months prior to the inmates parole eligibility date and all evidence must be submitted prior to that date.
Please do not send any of your documents to The Law Office prior to retaining The Law Office. If you do, we will not return the documents unless you pay for the return postage. We charge an hourly rate to review documents and to give an opinion.
THE LAW OFFICE OF
James Randall Smith and Gregory Tsioros
