Parole and probation programs are designed
to offer alternatives to incarceration by allowing them to serve sentences for
criminal convictions outside of jail or prison walls. According to a report by
the Council of State Governments Justice
Center (CSG), a large portion of prison inmates are
incarcerated due to probation or parole violations, either due to technical
violations or new offenses. This disappointing data undermines the premise of
probation and parole in general.
The report states that 45% of state prison
admissions across the country are based on parole or probation violations,
whether for new offenses or technical violations. As many as one-third of these
violations are due to technical violations, although others are far more
serious, such as violations for committing new crimes. Some examples of
technical violations include failing drug tests, being around others with criminal
records, and being out past curfew.
Overall, nearly one in every four inmates,
or 280,000, are incarcerated for these violations on any given day. In 13
different states, more than one in three people are incarcerated due to
supervision violations daily. In the state of Texas, about 16% of the
incarcerated population is due to probation or parole violations on any given
day, or just under 23,000 people.
The total proportion of state prison
admissions based on supervision violations in 20 states is over 50%. Texas is
only slightly below that mark, coming in at 47%. These statistics show that
half the prison admissions in half the country are solely due to parole or
probation violations, which is a high cost to society. Based on this report,
the costs of incarcerating these individuals top $9.3 billion annually.
you or a family member is facing any criminal charges, we may be able to help.
As experienced Texas criminal defense attorneys, we have the knowledge needed
to help you navigate through often-complex criminal proceedings. Call us today at (512) 474-4445 and
schedule an appointment with one of our criminal defense lawyers and learn how
we can assist you.
The role of the Texas Board of Pardons and Paroles is to decide which eligible offenders should be released from prison to parole or another type of mandatory supervision. They use a set of guidelines to evaluate each offender’s likelihood of success if granted parole and weigh that likelihood to the risk to society if the offender is released.
If an offender who has been released violates the terms of his or her parole, the Board decides what measures to take. These measures may include revoking the offender’s parole and sending him or her back to prison, imposing more or different conditions on the offender’s parole, placing the offender in a different type of facility
What Does the Texas Board of Pardons and Paroles Do?
The Board also makes recommendations on clemency matters to the Governor. This includes making recommendations about requests for pardons. The Governor can issue a pardon with the written recommendation of a majority of the Board. Options can include full pardons following a conviction or completion of a deferred adjudication community supervision program, conditional pardons, and commutation of sentences. In death penalty cases, the Governor can grant one 30-day reprieve to the individual without the recommendations of the Board. If the Board and Governor wish to grant clemency in a death penalty case, then the sentence of the offender will be commuted from death to life in prison.
A pardon restores some, but not all, citizenship rights to the individual. Specifically, following a pardon issued by the Governor, the individual can hold public office, serve on a jury, and serve as the executor or administrator of an estate. However, a pardon will not allow the individual to become eligible to serve as a peace officer, and the individual still may be barred from certain types of professional licenses. State licensing boards for each profession determine the suitability and eligibility of individuals who apply for licenses and it is up to their discretion whether to grant the application for licensing.
An experienced Texas criminal defense attorney can help you build a strong defense against any criminal charges, as well as educate you about your rights and responsibilities before the Texas Board of Pardons and Parole. We are here to evaluate the facts surrounding your case, present your options, and help you make the decisions that will be most beneficial to you, based on your circumstances. Contact Peek & Toland at (512) 474-4445 today and see how we can help.
Use of this website, does not constitute, in any manner, an attorney-client relationship between Peek & Toland and the receiver. While the information on the Peek & Toland website is about legal issues, it is not intended as legal advice or as substitute for the particularized advice of your own counsel. If you are seeking specific legal advice or assistance, you may contact us through our contact page or the phone number provided above, or you may seek legal advice or assistance through another source. Filling out the contact us form, calling our office or emailing our attorneys does not create an attorney-client relationship and will not be treated as confidential. Transmission of information from this site or any use of e-mail is not intended to create or establish an attorney-client relationship between Peek & Toland and anyone else.
The information provided on the Peek & Toland website should not be relied on as accurate or correct as laws in specific jurisdictions change frequently. Please consult an attorney in your jurisdiction for specific question about the law in your area.