1 | 1 | | 89R8719 MCF-F |
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2 | 2 | | By: Zaffirini S.B. No. 2338 |
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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 work-for-time credits to certain persons |
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10 | 10 | | released on parole or to mandatory supervision. |
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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 508.148(b), Government Code, is amended |
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13 | 13 | | to read as follows: |
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14 | 14 | | (b) To complete a [The time served on] mandatory supervision |
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15 | 15 | | period, a releasee must serve the entire period of mandatory |
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16 | 16 | | supervision, less any time credits the releasee has received under |
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17 | 17 | | Section 508.1559 [is computed as calendar time]. |
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18 | 18 | | SECTION 2. Section 508.155(a), Government Code, is amended |
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19 | 19 | | to read as follows: |
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20 | 20 | | (a) To complete a parole period, a releasee must serve the |
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21 | 21 | | entire period of parole, less any time credits the releasee has |
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22 | 22 | | received under Section 508.1559. |
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23 | 23 | | SECTION 3. Subchapter E, Chapter 508, Government Code, is |
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24 | 24 | | amended by adding Section 508.1559 to read as follows: |
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25 | 25 | | Sec. 508.1559. WORK-FOR-TIME CREDIT. (a) In this section, |
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26 | 26 | | "business day" means a day other than a Saturday, Sunday, or state |
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27 | 27 | | or federal holiday. |
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28 | 28 | | (b) This section does not apply to a releasee who is serving |
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29 | 29 | | a sentence for an offense: |
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30 | 30 | | (1) listed in Article 42A.054(a), Code of Criminal |
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31 | 31 | | Procedure; |
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32 | 32 | | (2) described by Article 62.001(5), Code of Criminal |
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33 | 33 | | Procedure; or |
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34 | 34 | | (3) under Section 20.03 or 28.02, Penal Code. |
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35 | 35 | | (c) Except as provided by Subsection (e), a releasee is |
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36 | 36 | | entitled to receive time credits toward the completion of the |
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37 | 37 | | releasee's period of parole or mandatory supervision in an amount |
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38 | 38 | | equal to 30 days for every 140 hours the releasee works for pay, |
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39 | 39 | | regardless of whether there is a break in employment, as verified |
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40 | 40 | | under Subsection (h). |
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41 | 41 | | (d) Except as provided by Subsection (e), a releasee is |
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42 | 42 | | entitled to receive time credits toward the completion of the |
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43 | 43 | | releasee's period of parole or mandatory supervision in an amount |
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44 | 44 | | equal to 10 days for each 30-day period in which the releasee is |
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45 | 45 | | continuously enrolled and participating, as verified under |
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46 | 46 | | Subsection (h), in a rehabilitation, faith-based, vocational, or |
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47 | 47 | | academic education program, including a high school or high school |
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48 | 48 | | equivalency certificate program, an academic degree program at an |
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49 | 49 | | institution of higher education, or a vocational, technical, or |
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50 | 50 | | career education or training program. |
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51 | 51 | | (e) A releasee may not receive time credits under this |
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52 | 52 | | section: |
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53 | 53 | | (1) for any hours worked or enrollment and |
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54 | 54 | | participation in a program described by Subsection (d) that occurs: |
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55 | 55 | | (A) while the releasee is in violation of a |
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56 | 56 | | condition of parole or mandatory supervision, other than a |
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57 | 57 | | condition to make a payment on a required cost, fine, or fee; or |
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58 | 58 | | (B) during the 90-day period following a |
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59 | 59 | | violation described by Paragraph (A); or |
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60 | 60 | | (2) during the 60-day period preceding the expiration |
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61 | 61 | | of the releasee's period of parole or mandatory supervision, taking |
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62 | 62 | | into account any time credits to which the releasee is entitled |
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63 | 63 | | under this section. |
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64 | 64 | | (f) A releasee shall, for any employment described by |
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65 | 65 | | Subsection (c), submit to the releasee's parole officer |
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66 | 66 | | documentation verifying the releasee's employment. The |
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67 | 67 | | documentation may include any one of the following: |
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68 | 68 | | (1) an employment record; |
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69 | 69 | | (2) a letter from an employer; |
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70 | 70 | | (3) a contract; |
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71 | 71 | | (4) pay stubs or copies of checks received as payment |
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72 | 72 | | for time worked; |
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73 | 73 | | (5) a statement from a vendor the employer contracts |
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74 | 74 | | with for employment verification purposes; or |
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75 | 75 | | (6) a statement from a bank or credit union |
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76 | 76 | | demonstrating a pattern of deposits. |
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77 | 77 | | (g) A releasee shall, for each 30-day period described by |
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78 | 78 | | Subsection (d), submit to the releasee's parole officer |
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79 | 79 | | documentation verifying the releasee's continued enrollment and |
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80 | 80 | | participation in a rehabilitation, faith-based, vocational, or |
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81 | 81 | | academic education program. The documentation may include a |
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82 | 82 | | letter, statement, or other form of documentation from the |
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83 | 83 | | organization or entity administering the program. |
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84 | 84 | | (h) A parole officer to whom documentation is submitted |
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85 | 85 | | under Subsection (f) or (g) shall: |
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86 | 86 | | (1) verify that the releasee: |
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87 | 87 | | (A) worked 140 hours of paid employment or was |
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88 | 88 | | continuously enrolled and participating in a program described by |
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89 | 89 | | Subsection (d), as applicable; and |
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90 | 90 | | (B) is otherwise entitled to time credits under |
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91 | 91 | | this section; and |
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92 | 92 | | (2) subject to Subsection (i), enter the documentation |
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93 | 93 | | and record the time credits received in the system developed under |
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94 | 94 | | Subsection (j) not later than the fifth business day after |
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95 | 95 | | receiving the documentation. |
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96 | 96 | | (i) If a parole officer is not able to verify the releasee's |
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97 | 97 | | employment or enrollment and participation in a program, as |
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98 | 98 | | applicable, according to the received documentation, or determines |
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99 | 99 | | that the releasee is ineligible for time credits for the applicable |
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100 | 100 | | period under Subsection (e), the officer shall: |
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101 | 101 | | (1) deny the time credits; and |
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102 | 102 | | (2) record the denial in the system developed under |
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103 | 103 | | Subsection (j). |
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104 | 104 | | (j) The division shall: |
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105 | 105 | | (1) establish a system to record and track time |
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106 | 106 | | credits received or denied under this section; and |
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107 | 107 | | (2) require each parole officer to use the system. |
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108 | 108 | | (k) If a releasee's parole or mandatory supervision is |
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109 | 109 | | revoked, all of the time credits to which the releasee is entitled |
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110 | 110 | | under this section are forfeited and may not be credited toward the |
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111 | 111 | | remaining portion of the releasee's sentence. |
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112 | 112 | | (l) A releasee may not waive the releasee's entitlement to |
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113 | 113 | | earn time credits under this section. |
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114 | 114 | | SECTION 4. Section 508.155(b), Government Code, is |
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115 | 115 | | repealed. |
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116 | 116 | | SECTION 5. Not later than January 1, 2026, the pardons and |
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117 | 117 | | paroles division of the Texas Department of Criminal Justice shall |
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118 | 118 | | establish the system to record and track time credits required |
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119 | 119 | | under Section 508.1559, Government Code, as added by this Act. |
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120 | 120 | | SECTION 6. The change in law made by this Act applies only |
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121 | 121 | | to a person who is released on parole or to mandatory supervision |
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122 | 122 | | for an offense committed on or after the effective date of this Act. |
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123 | 123 | | A person who is released on parole or to mandatory supervision for |
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124 | 124 | | an offense committed before the effective date of this Act is |
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125 | 125 | | governed by the law in effect on the date the offense was committed, |
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126 | 126 | | and the former law is continued in effect for that purpose. For |
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127 | 127 | | purposes of this section, an offense was committed before the |
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128 | 128 | | effective date of this Act if any element of the offense occurred |
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129 | 129 | | before that date. |
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130 | 130 | | SECTION 7. This Act takes effect September 1, 2025. |
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