Jones Bill Makes State Jail Sentence Credit Mandatory, Up To One-Fifth

The text as introduced · 399 words

90R962 JDK-D

By: Jones of Dallas
H.B. No. 651

A BILL TO BE ENTITLED

AN ACT

relating to the award of diligent participation credit to

defendants confined in a state jail felony facility.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Articles 42A.559(b), (f), and (h), Code of

Criminal Procedure, are amended to read as follows:

(b) A defendant confined in a state jail felony facility

does not earn good conduct time for time served in the facility but

shall [ may ] be awarded diligent participation credit in accordance

with Subsection (f) [ or (g) ].

(f) The [ For a defendant with a judgment that contains a

finding under Article 42.0199 that the defendant is presumptively

entitled to diligent participation credit and who has not been the

subject of disciplinary action while confined in the state jail

felony facility, the ] department shall credit against any time the

defendant is required to serve in a state jail felony facility

additional time for each day the defendant actually served in the

facility while diligently participating in an educational,

vocational, treatment, or work program.

(h) A time credit under Subsection (f) [ or (g) ] may not

exceed one-fifth of the amount of time the defendant is originally

required to serve in the facility. A defendant may not be awarded a

time credit under Subsection (f) [ or (g) ] for any period during

which the defendant is subject to disciplinary status. A time

credit under Subsection (f) [ or (g) ] is a privilege and not a right.

SECTION 2. The following provisions of the Code of Criminal

Procedure are repealed:

(1) Article 42.0199; and

(2) Article 42A.559(g).

SECTION 3. The change in law made by this Act applies only

to a person confined in a state jail felony facility for an offense

committed on or after the effective date of this Act. A person

confined in a state jail felony facility for an offense committed

before the effective date of this Act is governed by the law in

effect on the date the offense was committed, and the former law is

continued in effect for that purpose. For purposes of this section,

an offense was committed before the effective date of this Act if

any element of the offense occurred before that date.

SECTION 4. This Act takes effect September 1, 2027.