87(R) HB 1805 - Introduced version - Bill Text

	87R7526 JRR-F
	By:  Moody	H.B.  No.  1805

	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