1 | 1 | | 89R4676 BCH-F |
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2 | 2 | | By: Jones of Dallas H.B. No. 2940 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the award of good conduct time to certain inmates; |
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10 | 10 | | changing parole eligibility. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 498.003, Government Code, is amended by |
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13 | 13 | | amending Subsections (a), (b), (d), and (e) and adding Subsection |
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14 | 14 | | (f) to read as follows: |
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15 | 15 | | (a) Good conduct time applies only to eligibility for parole |
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16 | 16 | | or mandatory supervision as provided by Section 508.145 or 508.147 |
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17 | 17 | | and does not otherwise affect an inmate's term. Good conduct time |
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18 | 18 | | is a privilege and not a right. The [Regardless of the |
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19 | 19 | | classification of an inmate, the] department may grant good conduct |
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20 | 20 | | time to an [the] inmate only for: |
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21 | 21 | | (1) demonstrating good behavior by complying with all |
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22 | 22 | | applicable department rules; or |
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23 | 23 | | (2) diligently participating in a program described by |
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24 | 24 | | Subsection (d) or (f) [if the department finds that the inmate is |
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25 | 25 | | actively engaged in an agricultural, vocational, or educational |
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26 | 26 | | endeavor, in an industrial program or other work program, or in a |
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27 | 27 | | treatment program, unless the department finds that the inmate is |
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28 | 28 | | not capable of participating in such a program or endeavor]. |
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29 | 29 | | (b) An inmate accrues good conduct time described by |
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30 | 30 | | Subsection (a)(1) according to the inmate's classification in |
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31 | 31 | | amounts as follows: |
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32 | 32 | | (1) 20 days for each 30 days actually served while the |
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33 | 33 | | inmate is classified as a trusty, except that the department may |
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34 | 34 | | award the inmate not more than 10 extra days for each 30 days |
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35 | 35 | | actually served; |
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36 | 36 | | (2) 20 days for each 30 days actually served while the |
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37 | 37 | | inmate is classified as a Class I inmate; and |
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38 | 38 | | (3) 10 days for each 30 days actually served while the |
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39 | 39 | | inmate is classified as a Class II inmate. |
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40 | 40 | | (d) An inmate may accrue good conduct time, in an amount |
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41 | 41 | | determined by the department that does not exceed 15 days for each |
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42 | 42 | | 30 days actually served, for diligent participation in an |
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43 | 43 | | industrial program or other work program or for participation in an |
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44 | 44 | | agricultural, educational, [or] vocational, or treatment program |
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45 | 45 | | provided to inmates by the department. For the purposes of this |
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46 | 46 | | subsection, the term "participation in an educational program" |
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47 | 47 | | includes the participation of the inmate as a tutor or a pupil in a |
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48 | 48 | | literacy program authorized by Section 501.005. The department may |
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49 | 49 | | not award good conduct time under this subsection for participation |
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50 | 50 | | in a literacy program unless the department determines that the |
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51 | 51 | | inmate participated in good faith and with diligence as a tutor or |
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52 | 52 | | pupil. |
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53 | 53 | | (e) If an inmate was [a person is] confined in a county jail, |
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54 | 54 | | the department shall award good conduct time to the inmate [person] |
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55 | 55 | | up to an amount equal to the amount earned by an inmate in the entry |
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56 | 56 | | level time earning class. |
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57 | 57 | | (f) The department shall award good conduct time to an |
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58 | 58 | | inmate [a defendant] for diligently participating, while confined |
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59 | 59 | | in a county jail, [diligent participation] in a voluntary work |
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60 | 60 | | program operated by a sheriff under Article 43.101, Code of |
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61 | 61 | | Criminal Procedure, in the same manner as if the inmate had |
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62 | 62 | | diligently participated in an industrial program or other work |
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63 | 63 | | program provided to inmates by the department. The sheriff of each |
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64 | 64 | | county shall have attached a certification of the number of days |
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65 | 65 | | each inmate diligently participated in the volunteer work program |
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66 | 66 | | operated by the sheriff under Article 43.101, Code of Criminal |
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67 | 67 | | Procedure. |
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68 | 68 | | SECTION 2. Section 508.046, Government Code, is amended to |
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69 | 69 | | read as follows: |
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70 | 70 | | Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on |
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71 | 71 | | parole an inmate who was convicted of an offense under Section |
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72 | 72 | | 20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is |
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73 | 73 | | serving a sentence under Section 12.42(c)(2), Penal Code [required |
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74 | 74 | | under Section 508.145(c) to serve 35 calendar years before becoming |
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75 | 75 | | eligible for release on parole], all members of the board must vote |
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76 | 76 | | on the release on parole of the inmate, and at least two-thirds of |
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77 | 77 | | the members must vote in favor of the release on parole. A member of |
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78 | 78 | | the board may not vote on the release unless the member first |
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79 | 79 | | receives a copy of a written report from the department on the |
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80 | 80 | | probability that the inmate would commit an offense after being |
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81 | 81 | | released on parole. |
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82 | 82 | | SECTION 3. Sections 508.145(b) and (c), Government Code, |
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83 | 83 | | are amended to read as follows: |
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84 | 84 | | (b) An inmate serving a life sentence under Section |
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85 | 85 | | 12.31(a)(1), Penal Code, for a capital felony is not eligible for |
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86 | 86 | | release on parole until the actual calendar time the inmate has |
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87 | 87 | | served plus good conduct time described by Section 498.003(a)(2), |
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88 | 88 | | without consideration of any other good conduct time, equals 40 |
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89 | 89 | | calendar years. |
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90 | 90 | | (c) An inmate serving a sentence under Section 12.42(c)(2), |
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91 | 91 | | Penal Code, is not eligible for release on parole until the actual |
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92 | 92 | | calendar time the inmate has served plus good conduct time |
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93 | 93 | | described by Section 498.003(a)(2), without consideration of any |
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94 | 94 | | other good conduct time, equals 35 calendar years. |
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95 | 95 | | SECTION 4. Section 508.145(d)(2), Government Code, is |
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96 | 96 | | amended to read as follows: |
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97 | 97 | | (2) An inmate described by Subdivision (1) is not |
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98 | 98 | | eligible for release on parole until the inmate's actual calendar |
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99 | 99 | | time served plus good conduct time described by Section |
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100 | 100 | | 498.003(a)(2), without consideration of any other good conduct |
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101 | 101 | | time, equals one-half of the sentence or 30 calendar years, |
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102 | 102 | | whichever is less, but in no event is the inmate eligible for |
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103 | 103 | | release on parole in less than two calendar years. |
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104 | 104 | | SECTION 5. The change in law made by this Act applies to any |
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105 | 105 | | inmate who is confined in a facility operated by or under contract |
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106 | 106 | | with the Texas Department of Criminal Justice on or after the |
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107 | 107 | | effective date of this Act, regardless of whether the offense for |
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108 | 108 | | which the inmate is confined occurred before, on, or after the |
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109 | 109 | | effective date of this Act. |
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110 | 110 | | SECTION 6. This Act takes effect September 1, 2025. |
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