Texas Government Code

Sec. § 508.149
Inmates Ineligible for Mandatory Supervision

(a)

An inmate may not be released to mandatory supervision if the inmate is serving a sentence for or has been previously convicted of:

(1)

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)

a first degree felony or a second degree felony under Section 19.02 (Murder), Penal Code;

(3)

a capital felony under Section 19.03 (Capital Murder), Penal Code;

(4)

a first degree felony or a second degree felony under Section 20.04 (Aggravated Kidnapping), Penal Code;

(5)

an offense under Section 21.11 (Indecency With a Child), Penal Code;

(6)

a felony under Section 22.011 (Sexual Assault), Penal Code;

(7)

a first degree felony or a second degree felony under Section 22.02 (Aggravated Assault), Penal Code;

(8)

a first degree felony under Section 22.021 (Aggravated Sexual Assault), Penal Code;

(9)

a first degree felony under Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code;

(10)

a first degree felony under Section 28.02 (Arson), Penal Code;

(11)

a second degree felony under Section 29.02 (Robbery), Penal Code;

(12)

a first degree felony under Section 29.03 (Aggravated Robbery), Penal Code;

(13)

a first degree felony under Section 30.02 (Burglary), Penal Code;

(14)

a felony for which the punishment is increased under Section 481.134 (Drug-free Zones) or Section 481.140 (Use of Child in Commission of Offense), Health and Safety Code;

(15)

an offense under Section 43.25 (Sexual Performance by a Child), Penal Code;

(16)

an offense under Section 21.02 (Continuous Sexual Abuse of Young Child or Children), Penal Code;

(17)

a first degree felony under Section 15.03 (Criminal Solicitation), Penal Code;

(18)

an offense under Section 43.05 (Compelling Prostitution), Penal Code;

(19)

an offense under Section 20A.02 (Trafficking of Persons), Penal Code;

(20)

an offense under Section 20A.03 (Continuous Trafficking of Persons), Penal Code; or

(21)

a first degree felony under Section 71.02 (Engaging in Organized Criminal Activity) or 71.023 (Directing Activities of Criminal Street Gangs), Penal Code.

(b)

An inmate may not be released to mandatory supervision if a parole panel determines that:

(1)

the inmate’s accrued good conduct time is not an accurate reflection of the inmate’s potential for rehabilitation; and

(2)

the inmate’s release would endanger the public.

(c)

A parole panel that makes a determination under Subsection (b) shall specify in writing the reasons for the determination.

(d)

A determination under Subsection (b) is not subject to administrative or judicial review, except that the parole panel making the determination shall reconsider the inmate for release to mandatory supervision at least twice during the two years after the date of the determination.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.22, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 786, Sec. 3, eff. June 14, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.11, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 146 (S.B. 1832), Sec. 3, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 5.02, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 11, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.011, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1325 (S.B. 549), Sec. 3, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.53, eff. January 1, 2017.