bill changes good conduct time and parole eligibility

The text as introduced · 982 words

89R4676 BCH-F

By: Jones of Dallas
H.B. No. 2940

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

served plus good conduct time described by Section 498.003(a)(2) ,

without consideration of any other good conduct time, equals 40

calendar years.

(c) An inmate serving a sentence under Section 12.42(c)(2),

Penal Code, is not eligible for release on parole until the actual

calendar time the inmate has served plus good conduct time

described by Section 498.003(a)(2) , without consideration of any

other good conduct time, equals 35 calendar years.

SECTION 4. Section 508.145(d)(2), Government Code, is

amended to read as follows:

(2) An inmate described by Subdivision (1) is not

eligible for release on parole until the inmate's actual calendar

time served plus good conduct time described by Section

498.003(a)(2) , without consideration of any other good conduct

time, equals one-half of the sentence or 30 calendar years,

whichever is less, but in no event is the inmate eligible for

release on parole in less than two calendar years.

SECTION 5. The change in law made by this Act applies to any

inmate who is confined in a facility operated by or under contract

with the Texas Department of Criminal Justice on or after the

effective date of this Act, regardless of whether the offense for

which the inmate is confined occurred before, on, or after the

effective date of this Act.

SECTION 6. This Act takes effect September 1, 2025.