M
markd50
Guest
In Texas: I was convicted in 1981 to 20 yrs., I served 7 yrs and was released on mandatory supervision. I was returned in 1993 on a technical violation and released in 1997 again on Mandatory supervision. The parole board was moved the final discharge date of my conviction to 2006, which effectively is adding tome to the original conviction. I have researched and can not find where they have the authority to do this..as you can see in the following notes according to the law books I was in legal custody of the state at all times, and I also show the only judicial branches who can sentance or modify a sentance. I don't know if there are any legal remedies in this matter...can someone give me some real advice as to what to do? Please read the legal cites below.
[1] Texas Government Code - CHAPTER 508 . PAROLE AND MANDATORY SUPERVISION SUBCHAPTER A. GENERAL PROVISIONS
(5) "Mandatory supervision" means the release of an eligible inmate sentenced to the institutional division so that the inmate may serve the remainder of the inmate's sentence not on parole but under the supervision of
the pardons and paroles division.
SUBCHAPTER E. PAROLE AND MANDATORY SUPERVISION; RELEASE PROCEDURES § 508.141. Authority to Consider and Order Release on Parole
(c) The period of parole is computed by subtracting from the term for which the inmate was sentenced the calendar time served on the sentence.
Added by Acts 1997, 75th Leg., ch. 165, § 12.01, eff. Sept. 1, 1997. § 508.143. Legal Custody of Releasee
(a) A releasee while on parole is in the legal custody of the division.
(b) A releasee while on mandatory supervision is in the legal custody of the state.
[2] Texas Administative Codes The provisions of this §145.20 adopted to be effective July 1, 1994, 19 Tex Reg 4756.
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 5 TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 141 GENERAL PROVISIONS
SUBCHAPTER G DEFINITION OF TERMS
RULE §141.111 Definitions
(25) Mandatory supervision--The non-discretionary release of a prisoner from imprisonment but not from the legal custody of the state, under such conditions and provisions for supervision as the board panel may determine. A prisoner released to mandatory supervision is deemed as if on parole. For the purposes of revocation, the terms "parole" and "mandatory supervision" are interchangeable and reference to either one of said terms includes the other.
[3] Also located in the Texas code of criminal procedures art. 42.12 and 42.18 the definition of mandatory supervision states the fact that while on M.Supervision you remain in the legal custody of
the state.
Note: The above state clearly that while on Mandatory supervision you remain in state custody.
____________________________________________________________
Code of Criminal Procedure - CHAPTER 4 COURTS AND CRIMINAL JURISDICTION CHAPTER FOUR COURTS AND CRIMINAL JURISDICTION
Art. 4.01. [51] [63] [64] What courts have criminal jurisdiction
The following courts have jurisdiction in criminal actions:
1. The Court of Criminal Appeals;
2. Courts of appeals;
3. The district courts;
4. The criminal district courts;
5. The magistrates appointed by the judges of the district courts
6. The county courts;
7. All county courts at law with criminal jurisdiction;
8. County criminal courts;
9. Justice courts;
10. Municipal courts; and
Texas Constitution Article 4 - EXECUTIVE DEPARTMENT
Section 11B - CRIMINAL JUSTICE AGENCIES
(a) The legislature by law may organize and combine into one or more agencies all agencies of the state that: (1) have authority over the confinement or
supervision of persons convicted of criminal offenses; (2) set standards or distribute state funds to political subdivisions that have authority over the
confinement or supervision of persons convicted of criminal offenses; or
(3) gather information about the administration of criminal justice. (b) The legislature by law may authorize the appointment of members of more than one department of government to serve on the governing body. (Added Nov. 7, 1989.)
Article 5 - JUDICIAL DEPARTMENT
Section 1 - JUDICIAL POWER; COURTS IN WHICH VESTED
The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law. The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto. (Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.)
Note: I can not find in the Texas Laws where the Parole board has legal power to modify a sentence.
[1] Texas Government Code - CHAPTER 508 . PAROLE AND MANDATORY SUPERVISION SUBCHAPTER A. GENERAL PROVISIONS
(5) "Mandatory supervision" means the release of an eligible inmate sentenced to the institutional division so that the inmate may serve the remainder of the inmate's sentence not on parole but under the supervision of
the pardons and paroles division.
SUBCHAPTER E. PAROLE AND MANDATORY SUPERVISION; RELEASE PROCEDURES § 508.141. Authority to Consider and Order Release on Parole
(c) The period of parole is computed by subtracting from the term for which the inmate was sentenced the calendar time served on the sentence.
Added by Acts 1997, 75th Leg., ch. 165, § 12.01, eff. Sept. 1, 1997. § 508.143. Legal Custody of Releasee
(a) A releasee while on parole is in the legal custody of the division.
(b) A releasee while on mandatory supervision is in the legal custody of the state.
[2] Texas Administative Codes The provisions of this §145.20 adopted to be effective July 1, 1994, 19 Tex Reg 4756.
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 5 TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 141 GENERAL PROVISIONS
SUBCHAPTER G DEFINITION OF TERMS
RULE §141.111 Definitions
(25) Mandatory supervision--The non-discretionary release of a prisoner from imprisonment but not from the legal custody of the state, under such conditions and provisions for supervision as the board panel may determine. A prisoner released to mandatory supervision is deemed as if on parole. For the purposes of revocation, the terms "parole" and "mandatory supervision" are interchangeable and reference to either one of said terms includes the other.
[3] Also located in the Texas code of criminal procedures art. 42.12 and 42.18 the definition of mandatory supervision states the fact that while on M.Supervision you remain in the legal custody of
the state.
Note: The above state clearly that while on Mandatory supervision you remain in state custody.
____________________________________________________________
Code of Criminal Procedure - CHAPTER 4 COURTS AND CRIMINAL JURISDICTION CHAPTER FOUR COURTS AND CRIMINAL JURISDICTION
Art. 4.01. [51] [63] [64] What courts have criminal jurisdiction
The following courts have jurisdiction in criminal actions:
1. The Court of Criminal Appeals;
2. Courts of appeals;
3. The district courts;
4. The criminal district courts;
5. The magistrates appointed by the judges of the district courts
6. The county courts;
7. All county courts at law with criminal jurisdiction;
8. County criminal courts;
9. Justice courts;
10. Municipal courts; and
Texas Constitution Article 4 - EXECUTIVE DEPARTMENT
Section 11B - CRIMINAL JUSTICE AGENCIES
(a) The legislature by law may organize and combine into one or more agencies all agencies of the state that: (1) have authority over the confinement or
supervision of persons convicted of criminal offenses; (2) set standards or distribute state funds to political subdivisions that have authority over the
confinement or supervision of persons convicted of criminal offenses; or
(3) gather information about the administration of criminal justice. (b) The legislature by law may authorize the appointment of members of more than one department of government to serve on the governing body. (Added Nov. 7, 1989.)
Article 5 - JUDICIAL DEPARTMENT
Section 1 - JUDICIAL POWER; COURTS IN WHICH VESTED
The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law. The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto. (Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.)
Note: I can not find in the Texas Laws where the Parole board has legal power to modify a sentence.