2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter B. Population Management › Section 499.027. Eligible Inmates

Sec. 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(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);
(B)  Section 19.03 (capital murder);
(C)  Section 19.04 (manslaughter);
(D)  Section 20.03 (kidnapping);
(E)  Section 20.04 (aggravated kidnapping);
(F)  Section 21.11 (indecency with a child);
(G)  Section 22.011 (sexual assault);
(H)  Section 22.02 (aggravated assault);
(I)  Section 22.021 (aggravated sexual assault);
(J)  Section 22.04 (injury to a child, elderly individual, or disabled individual);
(K)  Section 25.02 (prohibited sexual conduct);
(L)  Section 25.08 (sale or purchase of a child);
(M)  Section 28.02 (arson);
(N)  Section 29.02 (robbery);
(O)  Section 29.03 (aggravated robbery);
(P)  Section 30.02 (burglary), if the offense is punished as a first-degree felony under that section;
(Q)  Section 43.04 (aggravated promotion of prostitution);
(R)  Section 43.05 (compelling prostitution);
(S)  Section 43.24 (sale, distribution, or display of harmful material to minor);
(T)  Section 43.25 (sexual performance by a child);
(U)  Section 46.10 (deadly weapon in penal institution);
(V)  Section 15.01 (criminal attempt), if the offense attempted is listed in this subsection;
(W)  Section 15.02 (criminal conspiracy), if the offense that is the subject of the conspiracy is listed in this subsection;
(X)  Section 15.03 (criminal solicitation), if the offense solicited is listed in this subsection;
(Y)  Section 21.02 (continuous sexual abuse of young child or disabled individual);
(Z)  Section 20A.02 (trafficking of persons);
(AA) Section 20A.03 (continuous trafficking of persons); or
(BB) Section 43.041 (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, 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.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 498.027 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 17.02, eff. Oct. 1, 1991;  Acts 1995, 74th Leg., ch. 321, Sec. 1.057, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.36, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 5.01, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 8, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.010, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.49, eff. January 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.09, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.20, eff. September 1, 2021.