Tex.
Gov't Code Section 499.027
Eligible Inmates
(a)
Except as provided by Subsection (b) and subject to the conditions imposed by this subchapter, an inmate is eligible under this subchapter to be considered for release to intensive supervision parole if the inmate is awaiting transfer to the institutional division following conviction of a felony or probation revocation and for whom paperwork and processing required for transfer have been completed or is classified as a state approved Trusty I, II, III, or IV, and:(1)
is serving a sentence of 10 years or less;(2)
does not have a history of or has not shown a pattern of violent or assaultive behavior in the institutional division or county jail or prior to confinement; and(3)
will not increase the likelihood of harm to the public if released, according to objective parole criteria as determined by a parole panel.(b)
An inmate is not eligible under this subchapter to be considered for release to intensive supervision parole if:(1)
the inmate is awaiting transfer to the institutional division, or serving a sentence, for an offense for which the judgment contains an affirmative finding under Article 42A.054 (Limitation on Judge-ordered Community Supervision)(c) or (d), Code of Criminal Procedure;(2)
the inmate is awaiting transfer to the institutional division, or serving a sentence, for an offense listed in one of the following sections of the Penal Code:(A)
Section 19.02 (Murder) (murder);(B)
Section 19.03 (Capital Murder) (capital murder);(C)
Section 19.04 (Manslaughter) (manslaughter);(D)
Section 20.03 (Kidnapping) (kidnapping);(E)
Section 20.04 (Aggravated Kidnapping) (aggravated kidnapping);(F)
Section 21.11 (Indecency with a Child) (indecency with a child);(G)
Section 22.011 (Sexual Assault) (sexual assault);(H)
Section 22.02 (Aggravated Assault) (aggravated assault);(I)
Section 22.021 (Aggravated Sexual Assault) (aggravated sexual assault);(J)
Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual) (injury to a child, elderly individual, or disabled individual);(K)
Section 25.02 (Prohibited Sexual Conduct) (prohibited sexual conduct);(L)
Section 25.08 (Sale or Purchase of Child) (sale or purchase of a child);(M)
Section 28.02 (Arson) (arson);(N)
Section 29.02 (Robbery) (robbery);(O)
Section 29.03 (Aggravated Robbery) (aggravated robbery);(P)
Section 30.02 (Burglary) (burglary), if the offense is punished as a first-degree felony under that section;(Q)
Section 43.04 (Aggravated Promotion of Prostitution) (aggravated promotion of prostitution);(R)
Section 43.05 (Compelling Prostitution) (compelling prostitution);(S)
Section 43.24 (Sale, Distribution, or Display of Harmful Material to Minor) (sale, distribution, or display of harmful material to minor);(T)
Section 43.25 (Sexual Performance by a Child) (sexual performance by a child);(U)
Section 46.10 (Deadly Weapon in Penal Institution) (deadly weapon in penal institution);(V)
Section 15.01 (Criminal Attempt) (criminal attempt), if the offense attempted is listed in this subsection;(W)
Section 15.02 (Criminal Conspiracy) (criminal conspiracy), if the offense that is the subject of the conspiracy is listed in this subsection;(X)
Section 15.03 (Criminal Solicitation) (criminal solicitation), if the offense solicited is listed in this subsection;(Y)
Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual) (continuous sexual abuse of young child or disabled individual);(Z)
Section 20A.02 (Trafficking of Persons) (trafficking of persons);(AA)
Section 20A.03 (Continuous Trafficking of Persons) (continuous trafficking of persons); or(BB)
Section 43.041 (Aggravated Online Promotion of Prostitution) (aggravated online promotion of prostitution); or(3)
the inmate is awaiting transfer to the institutional division, or serving a sentence, for an offense under Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, punishable by a minimum term of imprisonment or a maximum fine that is greater than the minimum term of imprisonment or the maximum fine for a first degree felony.(c)
The department shall provide each county with necessary assistance to enable the county to identify inmates confined in the county jail who may be eligible under this subchapter to be considered for release.
Source:
Section 499.027 — Eligible Inmates, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.499.htm#499.027 (accessed Apr. 20, 2024).
