(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) § 19.02 (murder);
(B) § 19.03 (capital murder);
(C) § 19.04 (manslaughter);
(D) § 20.03 (kidnapping);
(E) § 20.04 (aggravated kidnapping);
(F) § 21.11 (indecency with a child);
(G) § 22.011 (sexual assault);
(H) § 22.02 (aggravated assault);
(I) § 22.021 (aggravated sexual assault);
(J) § 22.04 (injury to a child, elderly individual, or disabled individual);
(K) § 25.02 (prohibited sexual conduct);
(L) § 25.08 (sale or purchase of a child);
(M) § 28.02 (arson);
(N) § 29.02 (robbery);
(O) § 29.03 (aggravated robbery);
(P) § 30.02 (burglary), if the offense is punished as a first-degree felony under that section;
(Q) § 43.04 (aggravated promotion of prostitution);
(R) § 43.05 (compelling prostitution);
(S) § 43.24 (sale, distribution, or display of harmful material to minor);
(T) § 43.25 (sexual performance by a child);
(U) § 46.10 (deadly weapon in penal institution);
(V) § 15.01 (criminal attempt), if the offense attempted is listed in this subsection;
(W) § 15.02 (criminal conspiracy), if the offense that is the subject of the conspiracy is listed in this subsection;
(X) § 15.03 (criminal solicitation), if the offense solicited is listed in this subsection;
(Y) § 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) § 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.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
First degree felonybetween 5 years and lifeup to $10,000
For details, see Texas Penal Code § 12.32

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Terms Used In Texas Government Code 499.027

  • Conviction: A judgement of guilt against a criminal defendant.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

(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.