By: Hochberg H.B. No. 157
73R1625 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the manner in which a period of confinement imposed as
1-3 a condition of probation is served.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2(a), Article 42.03, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (a) In all criminal cases the judge of the court in which
1-8 the defendant was convicted shall give the defendant credit on his
1-9 sentence <or period of confinement served as a condition of
1-10 probation> for the time that the defendant has spent in jail in
1-11 said cause, from the time of his arrest and confinement until his
1-12 sentence by the trial court.
1-13 SECTION 2. Sections 7(a), (b), and (d), Article 42.03, Code
1-14 of Criminal Procedure, are amended to read as follows:
1-15 (a) If jail time is awarded to a person sentenced for an
1-16 offense under Section 25.05, Penal Code, <or if the person is
1-17 required to serve a period of confinement as a condition of
1-18 probation,> the judge, at the time of the pronouncement of the
1-19 sentence or at any time while the person is serving the sentence
1-20 <or period of confinement>, on the judge's own motion or on the
1-21 written motion of the defendant, may permit the defendant to serve
1-22 the sentence <or period of confinement> under house arrest,
1-23 including electronic monitoring and any other conditions the court
1-24 chooses to impose, during the person's off-work hours. The judge
2-1 may require bail of the defendant to ensure the faithful
2-2 performance of the sentence <or period of confinement>.
2-3 (b) The court shall require as a condition to permitting the
2-4 defendant to serve the jail time assessed <or period of confinement
2-5 imposed> under house arrest a requirement that the defendant
2-6 perform community service work specified by the court for a
2-7 specified number of hours.
2-8 (d) The sentencing alternative <and confinement
2-9 alternatives> provided by this section is <are> in addition to any
2-10 other sentencing <and confinement> alternatives provided by law.
2-11 SECTION 3. Section 7A, Article 42.03, Code of Criminal
2-12 Procedure, is amended to read as follows:
2-13 Sec. 7A. A court in a county served by a community
2-14 supervision and corrections department <district probation office>
2-15 that has an electronic monitoring program approved by the community
2-16 justice assistance division of the Texas Department of Criminal
2-17 Justice may require a defendant to serve all or part of a sentence
2-18 of confinement in county jail <or period of confinement served as a
2-19 condition of probation> by submitting to electronic monitoring
2-20 rather than being confined in the county jail.
2-21 SECTION 4. Section 8(a), Article 42.03, Code of Criminal
2-22 Procedure, is amended to read as follows:
2-23 (a) A court may require a defendant to serve all or part of
2-24 a sentence of confinement in county jail <or period of confinement
2-25 served as a condition of probation> by performing community service
2-26 rather than by being confined in county jail.
2-27 SECTION 5. Sections 1(a) and (d), Article 42.031, Code of
3-1 Criminal Procedure, are amended to read as follows:
3-2 (a) The sheriff of each county may attempt to secure
3-3 employment for each prisoner sentenced to the county jail work
3-4 release program under Article 42.034 of this code <or permitted
3-5 under that article to participate in the program as an alternative
3-6 to serving a period of confinement as a condition of probation>.
3-7 (d) If the sheriff does not find employment for a prisoner
3-8 who would otherwise be sentenced to imprisonment <or confined as a
3-9 condition of probation> in the institutional division, the sheriff
3-10 shall:
3-11 (1) transfer the prisoner to the sheriff of a county
3-12 who agrees to accept the prisoner as a participant in the county
3-13 jail work release program; or
3-14 (2) retain the prisoner in the county jail for
3-15 employment as soon as possible in a jail work release program.
3-16 SECTION 6. Section 3, Article 42.031, Code of Criminal
3-17 Procedure, is amended to read as follows:
3-18 Sec. 3. (a) The sheriff of each county shall classify each
3-19 felon serving a sentence in the county jail work release program
3-20 <or participating in that program as an alternative to serving a
3-21 period of confinement as a condition of probation> for the purpose
3-22 of awarding good conduct time credit in the same manner as inmates
3-23 of the institutional division of the Texas Department of Criminal
3-24 Justice <Corrections> are classified under Chapter 498, Government
3-25 Code, and shall award good conduct time in the same manner as the
3-26 director of the department does in that chapter <article>.
3-27 (b) If at a hearing requested by a sheriff the court that
4-1 sentenced the prisoner to participation in a county jail work
4-2 release program determines that the prisoner is conducting himself
4-3 in a manner that is dangerous to inmates in the county jail or to
4-4 society as a whole, the court shall order the prisoner's
4-5 participation in the program terminated and order the prisoner to
4-6 the term <or period of confinement or the term> of imprisonment
4-7 that the prisoner would have received had he not entered the
4-8 program. The prisoner shall receive as credit toward his sentence
4-9 <or period of confinement> any time served as a participant in the
4-10 program.
4-11 SECTION 7. Article 42.032, Code of Criminal Procedure, is
4-12 amended to read as follows:
4-13 Art. 42.032. GOOD CONDUCT
4-14 Sec. 1. To encourage county jail discipline, a distinction
4-15 may be made to give orderly, industrious, and obedient prisoners
4-16 the comforts and privileges they deserve. The reward for good
4-17 conduct may consist of a relaxation of strict county jail rules and
4-18 extension of social privileges consistent with proper discipline.
4-19 Sec. 2. The sheriff in charge of each county jail may grant
4-20 commutation of time for good conduct, industry, and obedience. A
4-21 deduction not to exceed one day for each day of the original
4-22 sentence actually served may be made for the term or terms of
4-23 sentences <or periods of confinement served as conditions of
4-24 probation> if a charge of misconduct has not been sustained against
4-25 the prisoner.
4-26 Sec. 3. This article applies whether or not the judgment of
4-27 conviction is a fine or jail sentence or both <or whether the
5-1 confinement is a condition of probation>, but the deduction in time
5-2 may not exceed one-third of the original sentence as to fines and
5-3 court costs assessed in the judgment of conviction <or one-third of
5-4 the period of confinement ordered as a condition of probation>.
5-5 Sec. 4. A prisoner serving two or more cumulative sentences
5-6 shall be allowed commutation as if the sentences were one
5-7 sentence<, and a probationer serving two or more periods of
5-8 confinement as conditions of probation in more than one case shall
5-9 be allowed commutation as if the periods were conditions of one
5-10 grant of probation>.
5-11 Sec. 5. Any part or all of the commutation accrued under
5-12 this article may be forfeited and taken away by the sheriff for a
5-13 sustained charge of misconduct in violation of any rule known to
5-14 the prisoner, including escape or attempt to escape, if the sheriff
5-15 has complied with discipline proceedings as approved by the
5-16 Commission on Jail Standards.
5-17 Sec. 6. Except for credit earned by an inmate under Article
5-18 43.10, no other time allowance or credits in addition to the
5-19 commutation of time under this article may be deducted from the
5-20 term or terms of sentences <or periods of confinement served as a
5-21 condition of probation>.
5-22 Sec. 7. The sheriff shall keep a conduct record in card or
5-23 ledger form and a calendar card on each inmate showing all
5-24 forfeitures of commutation time and the reasons for the
5-25 forfeitures.
5-26 SECTION 8. Subsections (a), (b), and (d), Article 42.033,
5-27 Code of Criminal Procedure, are amended to read as follows:
6-1 (a) Where jail time has been awarded to a person sentenced
6-2 for a misdemeanor or sentenced to confinement in the county jail
6-3 for a felony <or when a defendant is serving a period of
6-4 confinement as a condition of probation>, the trial judge, at the
6-5 time of the pronouncement of sentence or at any time while the
6-6 defendant is serving the sentence <or period of confinement>, when
6-7 in the judge's discretion the ends of justice would best be served,
6-8 may permit the defendant to serve the defendant's sentence <or
6-9 period of confinement> during his off-work hours or on weekends.
6-10 The judge may require bail of the defendant to ensure the faithful
6-11 performance of the sentence <or period of confinement>. The judge
6-12 may attach conditions regarding the employment, travel, and other
6-13 conduct of the defendant during the performance of such a sentence
6-14 <or period of confinement>.
6-15 (b) The court may impose as a condition to permitting a
6-16 defendant to serve the jail time assessed <or period of
6-17 confinement> during off-work hours or on weekends an additional
6-18 requirement that the defendant make any of the following payments
6-19 to the court, agencies, or persons, or that the defendant execute a
6-20 letter and direct it to the defendant's employer directing the
6-21 employer to deduct from the defendant's salary an amount directed
6-22 by the court, which is to be sent by the employer to the clerk of
6-23 the court. The money received by the court under this section may
6-24 be used to pay the following expenses as directed by the court:
6-25 (1) the support of the defendant's dependents, if
6-26 necessary;
6-27 (2) the defendant's documented personal, business, and
7-1 travel expenses;
7-2 (3) reimbursement of the general fund of the county
7-3 for the maintenance of the defendant in jail; and
7-4 (4) installment payments on restitution, fines, and
7-5 court costs ordered by the court.
7-6 (d) The court may permit the defendant to serve the
7-7 defendant's sentence <or period of confinement> during the
7-8 defendant's off-work hours or on weekends in order for the
7-9 defendant to continue employment if the court imposes confinement
7-10 for failure to pay a fine or court costs, as punishment for
7-11 criminal nonsupport under Section 25.05, Penal Code, or for
7-12 contempt of a court order for periodic payments for the support of
7-13 a child.
7-14 SECTION 9. Subsections (a) and (b), Article 42.034, Code of
7-15 Criminal Procedure, are amended to read as follows:
7-16 (a) If jail time has been awarded to a person sentenced for
7-17 a misdemeanor or sentenced to confinement in the county jail for a
7-18 felony <or when a defendant is serving a period of confinement as a
7-19 condition of probation>, the trial judge at the time of
7-20 pronouncement of sentence or at any time while the defendant is
7-21 serving the sentence <or period of confinement>, when in the
7-22 judge's discretion the ends of justice would best be served, may
7-23 permit the defendant to serve an alternate term for the same period
7-24 of time in the county jail work release program of the county in
7-25 which the offense occurred if:
7-26 (1) the trier of fact determines that the defendant
7-27 did not cause the serious bodily injury or death of another as a
8-1 result of the commission of the offense; and
8-2 (2) the judgment for the offense does not contain an
8-3 affirmative finding under Section 3g(a)(2), Article 42.12, of this
8-4 code.
8-5 (b) A defendant sentenced under this section <or serving a
8-6 period of confinement> who would otherwise be sentenced to
8-7 confinement in jail <or required to serve a period of confinement
8-8 in jail> may earn good conduct credit in the same manner as
8-9 provided by Article 42.032 of this code <Section 1, Chapter 461,
8-10 Acts of the 54th Legislature, Regular Session, 1955 (Article 5118a,
8-11 Vernon's Texas Civil Statutes)>, but only while actually confined.
8-12 SECTION 10. Subsection (a), Article 42.036, Code of Criminal
8-13 Procedure, is amended to read as follows:
8-14 (a) A court may require a defendant to serve all or part of
8-15 a sentence of confinement <or period of confinement required as a
8-16 condition of probation> in county jail by performing community
8-17 service rather than by being confined in county jail unless the
8-18 sentence of confinement was imposed by the jury in the case.
8-19 SECTION 11. Subsection (a), Article 43.10, Code of Criminal
8-20 Procedure, is amended to read as follows:
8-21 (a) Where the punishment assessed in a conviction for
8-22 misdemeanor is confinement in jail for more than one day, or where
8-23 in such conviction the punishment is assessed only at a pecuniary
8-24 fine and the party so convicted is unable to pay the fine and costs
8-25 adjudged against him<, or where the party convicted is required to
8-26 serve a period of confinement as a condition of probation>, the
8-27 party convicted <or required to serve the period of confinement>
9-1 shall be required to do manual labor in accordance with the
9-2 provisions of this article <Article> under the following rules and
9-3 regulations:
9-4 1. Each commissioners court may provide for the
9-5 erection of a workhouse and the establishment of a county farm in
9-6 connection therewith for the purpose of utilizing the labor of said
9-7 parties so convicted <or required to serve a period of
9-8 confinement>;
9-9 2. Such farms and workhouses shall be under the
9-10 control and management of the sheriff, and the sheriff may adopt
9-11 such rules and regulations not inconsistent with the rules and
9-12 regulations of the Texas Commission on Jail Standards and with the
9-13 laws as the sheriff deems necessary;
9-14 3. Such overseers and guards may be employed by the
9-15 sheriff under the authority of the commissioners court as may be
9-16 necessary to prevent escapes and to enforce such labor, and they
9-17 shall be paid out of the county treasury such compensation as the
9-18 commissioners court may prescribe;
9-19 4. They shall be put to labor upon public works,
9-20 including public works for a political subdivision located in whole
9-21 or in part in the county;
9-22 5. One who from age, disease, or other physical or
9-23 mental disability is unable to do manual labor shall not be
9-24 required to work. His inability to do manual labor may be
9-25 determined by a physician appointed for that purpose by the county
9-26 judge or the commissioners court, who shall be paid for such
9-27 service such compensation as said court may allow; and
10-1 6. For each day of manual labor, in addition to any
10-2 other credits allowed by law, a prisoner is entitled to have one
10-3 day deducted from each sentence <or period of confinement> he is
10-4 serving. The deduction authorized by this article, when combined
10-5 with the deduction required by Article 42.10, Code of Criminal
10-6 Procedure, may not exceed two-thirds (2/3) of the sentence <or
10-7 period of confinement>.
10-8 SECTION 12. (a) The change in law made by this Act applies
10-9 to a defendant placed on probation for an offense committed on or
10-10 after the effective date of this Act. For the purposes of this
10-11 section, an offense is committed before the effective date of this
10-12 section if any element of the offense occurs before the effective
10-13 date.
10-14 (b) A defendant placed on probation for an offense committed
10-15 before the effective date of this Act is covered by the law in
10-16 effect when the offense was committed, and the former law is
10-17 continued in effect for this purpose.
10-18 SECTION 13. This Act takes effect September 1, 1993.
10-19 SECTION 14. The importance of this legislation and the
10-20 crowded condition of the calendars in both houses create an
10-21 emergency and an imperative public necessity that the
10-22 constitutional rule requiring bills to be read on three several
10-23 days in each house be suspended, and this rule is hereby suspended.