Legal Question in Criminal Law in Texas
Do I have any firm grounds to file a suit against either the State of Texas, or the Parole Board, on the bases of Slavery? My brother is being forced to work for free while incarcerated. The method of payment that the state chooses to provide is Good Time and Work Time. This is so that when the Good Time, Work Time and Flat Time all equal 100% of the Offender's sentence, they are released. The Good Time and Work Time can be taken away as punishment for misbehavior. However, for the individuals with Aggravated sentences, while they accrue Good Time and Work Time as means of payment for the work that they are made to do, they do not qualify to be released under this program by law. Therefore, they are not being compensated for the work that they perform. In this light, they are being forced into slavery. (Legalized Texas Slavery).
I am fed up and want to fight this. If there is a way to do so, I want to know. Please reply to this email at your earliest convenience. My brothers Good Time, Work Time, and Flat Time are well over the 100% mark. He has not received any disciplinary in over 10 years, yet has been set off every time he comes up for Parole, and it is for the same reason, "Nature of Offense". This is something that will never change, but is the loop hole that the State of Texas has created for the Parole Board to be allowed to set off Offenders regardless of their accomplishments, and for as many times as they wish.
This system is flawed. This law is flawed. There has to be a way to fight.
1 Answer from Attorneys
Your brother is apparently doing time on an aggravated case which means that by law he must serve at least 1/2 before he could get parole but even then, he is never entitled to parole. Parole is not a guarantee to anyone. So, he is being "compensated" for his work with the credit but it doesn't affect him during the first 1/2.
Regardless, he can be made to work while in prison whether he is compensated in any way or not, and he can be punished for refusing or failing (and inmates are frequently punished for refusing to work.)
Think of it this way - he is being feed and housed, albeit not where he wants to live and eat, and he is not paying for it. And, he is there to be punished. So, he is subject to their rules.
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