88R6546 MCF-F
By: Sherman, Sr. H.B. No. 5114
A BILL TO BE ENTITLED
AN ACT
relating to the award of work-for-time credits to certain persons
placed on community supervision or released on parole or to
mandatory supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Earning Safe Reentry
Through Work Act.
SECTION 2. Subchapter O, Chapter 42A, Code of Criminal
Procedure, is amended by adding Articles 42A.703 and 42A.704 to
read as follows:
Art. 42A.703. WORK-FOR-TIME CREDIT. (a) In this article:
(1) "Business day" means a day other than Saturday,
Sunday, or a state or federal holiday.
(2) "Division" means the community justice assistance
division of the Texas Department of Criminal Justice.
(3) "Supporting documentation" means documentation
verifying a defendant's employment, including an employment
record, letter, or contract or pay stubs.
(b) Except as provided by Subsection (c), a defendant placed
on community supervision is entitled to receive time credits toward
the completion of the defendant's period of community supervision
in an amount equal to five days for each 30-day period in which the
defendant was employed not less than 130 hours, as verified under
Subsection (e).
(c) A defendant may not receive time credits under this
article during the 60-day period preceding the expiration of the
defendant's period of community supervision, taking into account
any time credits to which the defendant is entitled under this
article and Article 42A.702.
(d) A defendant shall, for each 30-day period described by
Subsection (b), submit to the defendant's supervision officer
supporting documentation not later than the fifth business day
after the expiration of the 30-day period.
(e) A supervision officer to whom supporting documentation
is submitted under Subsection (d) shall:
(1) verify the defendant was employed not less than
130 hours during the 30-day period; and
(2) enter the supporting documentation and record the
time credits received in the system developed under Subsection (g)
not later than the fifth business day after receiving the
supporting documentation.
(f) If a supervision officer is not able to verify the
defendant's employment according to the received supporting
documentation, the officer shall:
(1) deny the time credits; and
(2) record the denial in the system developed under
Subsection (g).
(g) The division shall:
(1) establish a system to record and track time
credits received or denied under this article; and
(2) require each community supervision and
corrections department established under Chapter 76, Government
Code, to use the system.
(h) The court that convicted the defendant shall order that
all of the time credits to which the defendant is entitled under
this article be forfeited if, before the expiration of the period of
community supervision:
(1) the court revokes the defendant's community
supervision; or
(2) the defendant is convicted of a new offense, other
than a traffic offense that is punishable by fine only.
(i) Not later than the 60th day before the expiration of the
defendant's period of community supervision, taking into account
any time credits to which the defendant is entitled under this
article and Article 42A.702, the defendant's supervision officer
shall notify the court that convicted the defendant of the time
credits received by the defendant under this article.
Art. 42A.704. NOTIFICATION TO COURT OF TIME CREDITS. A
defendant's supervision officer shall notify the court if the time
credits to which the defendant is entitled under Articles 42A.702
and 42A.703, cumulated with the amount of the original community
supervision period the defendant has completed, allow or require
the court to conduct a review of the defendant's community
supervision under Article 42A.701. On receipt of the notice from
the supervision officer, the court shall conduct the review of the
defendant's community supervision to determine if the defendant is
eligible for a reduction or termination of community supervision
under Article 42A.701, taking into account any time credits to
which the defendant is entitled under Articles 42A.702 and 42A.703
in determining if the defendant has completed, as applicable:
(1) the lesser of one-third of the original community
supervision period or two years of community supervision; or
(2) the greater of one-half of the original community
supervision period or two years of community supervision.
SECTION 3. Subchapter E, Chapter 508, Government Code, is
amended by adding Section 508.1559 to read as follows:
Sec. 508.1559. WORK-FOR-TIME CREDIT. (a) In this section:
(1) "Business day" means a day other than Saturday,
Sunday, or a state or federal holiday.
(2) "Supporting documentation" means documentation
verifying a releasee's employment, including an employment record,
letter, or contract or pay stubs.
(b) Except as provided by Subsection (c), a releasee is
entitled to receive time credits toward the completion of the
releasee's period of parole or mandatory supervision in an amount
equal to five days for each 30-day period in which the releasee was
employed not less than 130 hours, as verified under Subsection (e).
(c) A releasee may not receive time credits under this
section during the 60-day period preceding the expiration of the
releasee's period of parole or mandatory supervision, taking into
account any time credits to which the releasee is entitled under
this section.
(d) A releasee shall, for each 30-day period described by
Subsection (b), submit to the releasee's parole officer supporting
documentation not later than the fifth business day after the
expiration of the 30-day period.
(e) A parole officer to whom supporting documentation is
submitted under Subsection (d) shall:
(1) verify the releasee was employed not less than 130
hours during the 30-day period; and
(2) enter the supporting documentation and record the
time credits received in the system developed under Subsection (g)
not later than the fifth business day after receiving the
supporting documentation.
(f) If a parole officer is not able to verify the releasee's
employment according to the received supporting documentation, the
officer shall:
(1) deny the time credits; and
(2) record the denial in the system developed under
Subsection (g).
(g) The division shall:
(1) establish a system to record and track time
credits received or denied under this section; and
(2) require each parole officer to use the system.
(h) If a releasee's parole or mandatory supervision is
revoked, all of the time credits to which the releasee is entitled
under this section are forfeited and may not be credited toward the
remaining portion of the releasee's sentence.
SECTION 4. Article 42A.702(f), Code of Criminal Procedure,
is repealed.
SECTION 5. Not later than January 1, 2024:
(1) the community justice assistance division of the
Texas Department of Criminal Justice shall establish the system to
record and track time credits required under Article 42A.703, Code
of Criminal Procedure, as added by this Act; and
(2) the pardons and paroles division of the Texas
Department of Criminal Justice shall establish the system to record
and track time credits required under Section 508.1559, Government
Code, as added by this Act.
SECTION 6. The change in law made by this Act applies only
to a person who is placed on community supervision or released on
parole or to mandatory supervision for an offense committed on or
after the effective date of this Act. A person who is placed on
community supervision or released on parole or to mandatory
supervision for an offense committed before the effective date of
this Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 7. This Act takes effect September 1, 2023.