DAN MORALES 

.+TTORSEI CXSERAL ’ 

QBffice of the !Zlttornep @enera 

tiMate of Qexae 

April lo,1992 

Honorable Debra Danburg 

Chair 

Committee on Elections 

Texas House of Representatives 

P. 0. Box 2910 

Austin, Texas 78768-2910 

Opinion No. DM-104 

Re: Completion of a life sentence 

(RQ-277) 

Dear Representative Danburg: 

You ask whether a person who has been finally convicted of a crime and duly 

sentenced to life imprisonment may complete his sentence prior to his death. We 

find that a life sentence is exactly what it purports to be--a sentence that will 

continue until a person’s death. 

A person sentenced to life imprisonment may become eligible for release 

from incarceration on parole prior to his death. See, e.g., Code Crim. Proc. art. 

42.18, 5 8(b)(2) (“a prisoner.. . serving a life sentence for a capital felony. . . is not 

eligible for release on parole until the actual calendar time the prisoner has 

served.. . equals 35 calendar years”). However, it is clear that albeit freed from 

incarceration, one on parole continues to serve his sentence.. The Code of Criminal 

Procedure article 42.18, section 2(l) defines “parole” as release from physical 

custody “if the prisoner contractually agrees to serve the remainder of his sentence 

under the supervision and control of the pardons and paroles division.” (Emphasis 

added.) 

We note that sections 8(a) and 15(a) of article 42.18 provide for the period of 

parole in somewhat different language. Section 8(a) provides that “[t]he period of 

parole shall be equivalent to the maximum term for which the prisoner was 

sentenced less calendar time actually served on the sentence.” Section U(a) 

provides that “[i]n order to complete the parole period, a parolee shall be required 

to serve out the whole term for which he was sentenced, subject to the deduction of 

the time he had served prior to his parole.” However, particularly when read in 

conjunction with the section 2( 1) definition of parole quoted above, we construe the 

quoted language in sections 8(a) and 15(a) as also providing that in the case of a life 

p. 526 
Honorable Debra Danburg - Page 2 (DM-104 ) 

sentence, the parole period of one released on parole will be for the duration of his 

life. 

We note also that a person may be relieved of a sentence imposed upon him 

by pardon or commutation of the sentence, see Code Crim. Pmt. ch. 48, or the 

sentence may be set aside in habeas corpus proceedings. However, in answer to 

your question we find no provisions of Texas law under which a person finally 

convicted and sentenced to life imprisonment may compfere a life sentence prior to 

his death. 

SUMMARY 

A life sentence continues until the time of a convicted 

person’s death. The fact that a person sentenced to life may be 

released on parole does not constitute completion of his 

sentence. 

Very truly yours, 

DAN MORALES 

Attorney General of Texas 

WILL PRYOR 

First Assistant Attorney General 

MARY KELLER 

Deputy Assistant Attorney General 

RENEA HICKS 

Special Assistant Attorney General 

MADELEINE B. JOHNSON 

Chair, Opinion Committee 

Prepared by William Walker 

Assistant Attorney General 

p. 527