Texas 2019 - 86th Regular

Texas House Bill HB1271 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2269 JRR-F
2	2	By: Thompson of Harris H.B. No. 1271
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the award of good conduct time to certain inmates;
8	8	changing parole eligibility.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 498.003, Government Code, is amended by
11	11	amending Subsections (a), (b), (d), and (e) and adding Subsection
12	12	(f) to read as follows:
13	13	(a) Good conduct time applies only to eligibility for parole
14	14	or mandatory supervision as provided by Section 508.145 or 508.147
15	15	and does not otherwise affect an inmate's term. Good conduct time
16	16	is a privilege and not a right. The [Regardless of the
17	17	classification of an inmate, the] department may grant good conduct
18	18	time to an [the] inmate only for:
19	19	(1) demonstrating good behavior by complying with all
20	20	applicable department rules; or
21	21	(2) diligently participating in a program described by
22	22	Subsection (d) or (f) [if the department finds that the inmate is
23	23	actively engaged in an agricultural, vocational, or educational
24	24	endeavor, in an industrial program or other work program, or in a
25	25	treatment program, unless the department finds that the inmate is
26	26	not capable of participating in such a program or endeavor].
27	27	(b) An inmate accrues good conduct time described by
28	28	Subsection (a)(1) according to the inmate's classification in
29	29	amounts as follows:
30	30	(1) 20 days for each 30 days actually served while the
31	31	inmate is classified as a trusty, except that the department may
32	32	award the inmate not more than 10 extra days for each 30 days
33	33	actually served;
34	34	(2) 20 days for each 30 days actually served while the
35	35	inmate is classified as a Class I inmate; and
36	36	(3) 10 days for each 30 days actually served while the
37	37	inmate is classified as a Class II inmate.
38	38	(d) An inmate may accrue good conduct time, in an amount
39	39	determined by the department that does not exceed 15 days for each
40	40	30 days actually served, for diligent participation in an
41	41	industrial program or other work program or for participation in an
42	42	agricultural, educational, [or] vocational, or treatment program
43	43	provided to inmates by the department. For the purposes of this
44	44	subsection, the term "participation in an educational program"
45	45	includes the participation of the inmate as a tutor or a pupil in a
46	46	literacy program authorized by Section 501.005. The department may
47	47	not award good conduct time under this subsection for participation
48	48	in a literacy program unless the department determines that the
49	49	inmate participated in good faith and with diligence as a tutor or
50	50	pupil.
51	51	(e) If an inmate was [a person is] confined in a county jail,
52	52	the department shall award good conduct time to the inmate [person]
53	53	up to an amount equal to the amount earned by an inmate in the entry
54	54	level time earning class.
55	55	(f) The department shall award good conduct time to an
56	56	inmate [a defendant] for diligently participating, while confined
57	57	in a county jail, [diligent participation] in a voluntary work
58	58	program operated by a sheriff under Article 43.101, Code of
59	59	Criminal Procedure, in the same manner as if the inmate had
60	60	diligently participated in an industrial program or other work
61	61	program provided to inmates by the department. The sheriff of each
62	62	county shall have attached a certification of the number of days
63	63	each inmate diligently participated in the volunteer work program
64	64	operated by the sheriff under Article 43.101, Code of Criminal
65	65	Procedure.
66	66	SECTION 2. Section 508.046, Government Code, is amended to
67	67	read as follows:
68	68	Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
69	69	parole an inmate who was convicted of an offense under Section
70	70	20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is
71	71	serving a sentence under Section 12.42(c)(2), Penal Code [required
72	72	under Section 508.145(c) to serve 35 calendar years before becoming
73	73	eligible for release on parole], all members of the board must vote
74	74	on the release on parole of the inmate, and at least two-thirds of
75	75	the members must vote in favor of the release on parole. A member of
76	76	the board may not vote on the release unless the member first
77	77	receives a copy of a written report from the department on the
78	78	probability that the inmate would commit an offense after being
79	79	released on parole.
80	80	SECTION 3. Sections 508.145(b) and (c), Government Code,
81	81	are amended to read as follows:
82	82	(b) An inmate serving a life sentence under Section
83	83	12.31(a)(1), Penal Code, for a capital felony is not eligible for
84	84	release on parole until the actual calendar time the inmate has
85	85	served plus good conduct time described by Section 498.003(a)(2),
86	86	without consideration of any other good conduct time, equals 40
87	87	calendar years.
88	88	(c) An inmate serving a sentence under Section 12.42(c)(2),
89	89	Penal Code, is not eligible for release on parole until the actual
90	90	calendar time the inmate has served plus good conduct time
91	91	described by Section 498.003(a)(2), without consideration of any
92	92	other good conduct time, equals 35 calendar years.
93	93	SECTION 4. Section 508.145(d)(2), Government Code, is
94	94	amended to read as follows:
95	95	(2) An inmate described by Subdivision (1) is not
96	96	eligible for release on parole until the inmate's actual calendar
97	97	time served plus good conduct time described by Section
98	98	498.003(a)(2), without consideration of any other good conduct
99	99	time, equals one-half of the sentence or 30 calendar years,
100	100	whichever is less, but in no event is the inmate eligible for
101	101	release on parole in less than two calendar years.
102	102	SECTION 5. The change in law made by this Act applies to any
103	103	inmate who is confined in a facility operated by or under contract
104	104	with the Texas Department of Criminal Justice on or after the
105	105	effective date of this Act, regardless of whether the offense for
106	106	which the inmate is confined occurred before, on, or after the
107	107	effective date of this Act.
108	108	SECTION 6. This Act takes effect September 1, 2019.