Background:

Under current Texas practice, even if the sentence is time served, counties generally do not release the inmate until they first transmit the inmate’s records (contained in a “pen packet”) to TDCJ. TDCJ reviews the county's records, authorizes the release, and then the county releases the inmate. Typical process: 

Background:

In these cases, TDCJ requires the county to submit a full pen packet, which contains substantially more documentation than a time-served packet. 

The pen packet initiates TDCJ's intake process and triggers TDCJ to schedule transport of the inmate to the TDCJ facility to serve out their sentence. Typical process:

For time served pen packets (which require less documentation than a full pen packet), TDCJ’s goal is to process and issue a release authorization within 10 business days. (Pen packet requirements)

If the judgment shows the sentence has already been fully served, why can't the county release the inmate immediately and let TDCJ reconcile the paperwork afterward?

The delay appears to stem from administrative practice and legal caution, though this report does not determine whether the waiting period is legally required. TDCJ is responsible for maintaining the official felony sentence record for inmates committed to State Jail or Prison. In practice, many counties wait for TDCJ to complete its processing, then they release the inmate.

What can delay Dallas County’s pen packet submissions?

• A judgment is not signed the same day

• A missing document

• An inaccurate document

• Sentencing error requiring correction (example: 2nd-degree felony sentenced to State Jail)

• Not recognizing, distinguishing, and prioritizing a time-served case

• Dallas’ high volume of time-served pen packets

• Electronic submission or document transmission issues (TDCJ introduced a new portal in May to address these problems, and Dallas County has been testing it)

If TDCJ does not receive a pen packet, it generally does not schedule transport. As a result, it’s possible for an inmate to serve their entire sentence in the Dallas County Jail and remain incarcerated after their sentence end date.

Under Texas law, TDCJ generally has 45 business days to process a complete pen packet once they receive it. (If TDCJ determines that the packet is incomplete or requires correction, the statutory processing period may be suspended until the county submits corrections for the deficiencies.)

What can impede a confinement pen packet submission?

• Required medical documentation may need to be obtained from Parkland

• Dallas’ very large volume of pen packets processed

• Returned pen packets requiring correction, according to TDCJ (approx 25 per month*)

• Sentencing error requiring correction (example: 2nd-degree felony sentenced to State Jail)

• Electronic submission problems (TDCJ introduced a new portal to address this in May, and Dallas County is testing it)

How is an inmate impacted if a pen packet is never received, they are not picked up, and they serve their entire sentence in Dallas County?

• Inmates sentenced to Prison can become eligible for early release through parole. Some Prison inmates can be eligible after serving 25% of their sentence

• Texas State Jail does not offer parole, but State Jail inmates can be eligible for diligent participation credit, which can reduce their sentence by up to 20%.

Depending on the circumstances, inmates who remain in Dallas County Jail for the duration of their sentence may lose the opportunity to earn these benefits.