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DAN MORALES April lo,1992
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Honorable Debra Danburg Opinion No. DM-104
Chair
Committee on Elections Re: Completion of a life sentence
Texas House of Representatives (RQ-277)
P. 0. Box 2910
Austin, Texas 78768-2910
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