Texas 2025 - 89th Regular

Texas House Bill HB2940 Compare Versions

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11 89R4676 BCH-F
22 By: Jones of Dallas H.B. No. 2940
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the award of good conduct time to certain inmates;
1010 changing parole eligibility.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 498.003, Government Code, is amended by
1313 amending Subsections (a), (b), (d), and (e) and adding Subsection
1414 (f) to read as follows:
1515 (a) Good conduct time applies only to eligibility for parole
1616 or mandatory supervision as provided by Section 508.145 or 508.147
1717 and does not otherwise affect an inmate's term. Good conduct time
1818 is a privilege and not a right. The [Regardless of the
1919 classification of an inmate, the] department may grant good conduct
2020 time to an [the] inmate only for:
2121 (1) demonstrating good behavior by complying with all
2222 applicable department rules; or
2323 (2) diligently participating in a program described by
2424 Subsection (d) or (f) [if the department finds that the inmate is
2525 actively engaged in an agricultural, vocational, or educational
2626 endeavor, in an industrial program or other work program, or in a
2727 treatment program, unless the department finds that the inmate is
2828 not capable of participating in such a program or endeavor].
2929 (b) An inmate accrues good conduct time described by
3030 Subsection (a)(1) according to the inmate's classification in
3131 amounts as follows:
3232 (1) 20 days for each 30 days actually served while the
3333 inmate is classified as a trusty, except that the department may
3434 award the inmate not more than 10 extra days for each 30 days
3535 actually served;
3636 (2) 20 days for each 30 days actually served while the
3737 inmate is classified as a Class I inmate; and
3838 (3) 10 days for each 30 days actually served while the
3939 inmate is classified as a Class II inmate.
4040 (d) An inmate may accrue good conduct time, in an amount
4141 determined by the department that does not exceed 15 days for each
4242 30 days actually served, for diligent participation in an
4343 industrial program or other work program or for participation in an
4444 agricultural, educational, [or] vocational, or treatment program
4545 provided to inmates by the department. For the purposes of this
4646 subsection, the term "participation in an educational program"
4747 includes the participation of the inmate as a tutor or a pupil in a
4848 literacy program authorized by Section 501.005. The department may
4949 not award good conduct time under this subsection for participation
5050 in a literacy program unless the department determines that the
5151 inmate participated in good faith and with diligence as a tutor or
5252 pupil.
5353 (e) If an inmate was [a person is] confined in a county jail,
5454 the department shall award good conduct time to the inmate [person]
5555 up to an amount equal to the amount earned by an inmate in the entry
5656 level time earning class.
5757 (f) The department shall award good conduct time to an
5858 inmate [a defendant] for diligently participating, while confined
5959 in a county jail, [diligent participation] in a voluntary work
6060 program operated by a sheriff under Article 43.101, Code of
6161 Criminal Procedure, in the same manner as if the inmate had
6262 diligently participated in an industrial program or other work
6363 program provided to inmates by the department. The sheriff of each
6464 county shall have attached a certification of the number of days
6565 each inmate diligently participated in the volunteer work program
6666 operated by the sheriff under Article 43.101, Code of Criminal
6767 Procedure.
6868 SECTION 2. Section 508.046, Government Code, is amended to
6969 read as follows:
7070 Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
7171 parole an inmate who was convicted of an offense under Section
7272 20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is
7373 serving a sentence under Section 12.42(c)(2), Penal Code [required
7474 under Section 508.145(c) to serve 35 calendar years before becoming
7575 eligible for release on parole], all members of the board must vote
7676 on the release on parole of the inmate, and at least two-thirds of
7777 the members must vote in favor of the release on parole. A member of
7878 the board may not vote on the release unless the member first
7979 receives a copy of a written report from the department on the
8080 probability that the inmate would commit an offense after being
8181 released on parole.
8282 SECTION 3. Sections 508.145(b) and (c), Government Code,
8383 are amended to read as follows:
8484 (b) An inmate serving a life sentence under Section
8585 12.31(a)(1), Penal Code, for a capital felony is not eligible for
8686 release on parole until the actual calendar time the inmate has
8787 served plus good conduct time described by Section 498.003(a)(2),
8888 without consideration of any other good conduct time, equals 40
8989 calendar years.
9090 (c) An inmate serving a sentence under Section 12.42(c)(2),
9191 Penal Code, is not eligible for release on parole until the actual
9292 calendar time the inmate has served plus good conduct time
9393 described by Section 498.003(a)(2), without consideration of any
9494 other good conduct time, equals 35 calendar years.
9595 SECTION 4. Section 508.145(d)(2), Government Code, is
9696 amended to read as follows:
9797 (2) An inmate described by Subdivision (1) is not
9898 eligible for release on parole until the inmate's actual calendar
9999 time served plus good conduct time described by Section
100100 498.003(a)(2), without consideration of any other good conduct
101101 time, equals one-half of the sentence or 30 calendar years,
102102 whichever is less, but in no event is the inmate eligible for
103103 release on parole in less than two calendar years.
104104 SECTION 5. The change in law made by this Act applies to any
105105 inmate who is confined in a facility operated by or under contract
106106 with the Texas Department of Criminal Justice on or after the
107107 effective date of this Act, regardless of whether the offense for
108108 which the inmate is confined occurred before, on, or after the
109109 effective date of this Act.
110110 SECTION 6. This Act takes effect September 1, 2025.