88R5560 MZM-F
By: Sherman, Sr. H.B. No. 1064
A BILL TO BE ENTITLED
AN ACT
relating to the award of good conduct time to certain inmates;
changing parole eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 498.003, Government Code, is amended by
amending Subsections (a), (b), (d), and (e) and adding Subsection
(f) to read as follows:
(a) Good conduct time applies only to eligibility for parole
or mandatory supervision as provided by Section 508.145 or 508.147
and does not otherwise affect an inmate's term. Good conduct time
is a privilege and not a right. The [Regardless of the
classification of an inmate, the] department may grant good conduct
time to an [the] inmate only for:
(1) demonstrating good behavior by complying with all
applicable department rules; or
(2) diligently participating in a program described by
Subsection (d) or (f) [if the department finds that the inmate is
actively engaged in an agricultural, vocational, or educational
endeavor, in an industrial program or other work program, or in a
treatment program, unless the department finds that the inmate is
not capable of participating in such a program or endeavor].
(b) An inmate accrues good conduct time described by
Subsection (a)(1) according to the inmate's classification in
amounts as follows:
(1) 20 days for each 30 days actually served while the
inmate is classified as a trusty, except that the department may
award the inmate not more than 10 extra days for each 30 days
actually served;
(2) 20 days for each 30 days actually served while the
inmate is classified as a Class I inmate; and
(3) 10 days for each 30 days actually served while the
inmate is classified as a Class II inmate.
(d) An inmate may accrue good conduct time, in an amount
determined by the department that does not exceed 15 days for each
30 days actually served, for diligent participation in an
industrial program or other work program or for participation in an
agricultural, educational, [or] vocational, or treatment program
provided to inmates by the department. For the purposes of this
subsection, the term "participation in an educational program"
includes the participation of the inmate as a tutor or a pupil in a
literacy program authorized by Section 501.005. The department may
not award good conduct time under this subsection for participation
in a literacy program unless the department determines that the
inmate participated in good faith and with diligence as a tutor or
pupil.
(e) If an inmate was [a person is] confined in a county jail,
the department shall award good conduct time to the inmate [person]
up to an amount equal to the amount earned by an inmate in the entry
level time earning class.
(f) The department shall award good conduct time to an
inmate [a defendant] for diligently participating, while confined
in a county jail, [diligent participation] in a voluntary work
program operated by a sheriff under Article 43.101, Code of
Criminal Procedure, in the same manner as if the inmate had
diligently participated in an industrial program or other work
program provided to inmates by the department. The sheriff of each
county shall have attached a certification of the number of days
each inmate diligently participated in the volunteer work program
operated by the sheriff under Article 43.101, Code of Criminal
Procedure.
SECTION 2. Section 508.046, Government Code, is amended to
read as follows:
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
parole an inmate who was convicted of an offense under Section
20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is
serving a sentence under Section 12.42(c)(2), Penal Code [required
under Section 508.145(c) to serve 35 calendar years before becoming
eligible for release on parole], all members of the board must vote
on the release on parole of the inmate, and at least two-thirds of
the members must vote in favor of the release on parole. A member of
the board may not vote on the release unless the member first
receives a copy of a written report from the department on the
probability that the inmate would commit an offense after being
released on parole.
SECTION 3. Sections 508.145(b) and (c), Government Code,
are amended to read as follows:
(b) An inmate serving a life sentence under Section
12.31(a)(1), Penal Code, for a capital felony is not eligible for
release on parole until the actual calendar time the inmate has
served plus good conduct time described by Section 498.003(a)(2),
without consideration of any other good conduct time, equals 40
calendar years.
(c) An inmate serving a sentence under Section 12.42(c)(2),
Penal Code, is not eligible for release on parole until the actual
calendar time the inmate has served plus good conduct time
described by Section 498.003(a)(2), without consideration of any
other good conduct time, equals 35 calendar years.
SECTION 4. Section 508.145(d)(2), Government Code, is
amended to read as follows:
(2) An inmate described by Subdivision (1) is not
eligible for release on parole until the inmate's actual calendar
time served plus good conduct time described by Section
498.003(a)(2), without consideration of any other good conduct
time, equals one-half of the sentence or 30 calendar years,
whichever is less, but in no event is the inmate eligible for
release on parole in less than two calendar years.
SECTION 5. The change in law made by this Act applies to any
inmate who is confined in a facility operated by or under contract
with the Texas Department of Criminal Justice on or after the
effective date of this Act, regardless of whether the offense for
which the inmate is confined occurred before, on, or after the
effective date of this Act.
SECTION 6. This Act takes effect September 1, 2023.