BILL ANALYSIS



C.S.S.B. 44
By: Shapiro (Combs)
05-02-95
Committee Report (Substituted)


BACKGROUND

The Texas Department of Criminal Justice Institutional Division
does not restore good conduct time that has been revoked because
the inmate committed an offense or violated a rule.  However, the
current statute allows the director of the division to restore good
conduct time, subject to rules adopted by the division.

PURPOSE

As proposed, this bill prohibits the Texas Department of Criminal
Justice from restoring good conduct time which has been forfeited
by an inmate.  C.S.S.B. 44 clarifies the amount of good conduct
time a person confined in a county jail may earn.  C.S.S.B. 44 also
amends the definition of an inmate and puts the department, rather
than the director of the institutional division, in charge of the
accrual of good conduct time.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 498.001 (1), Government Code, to change
the definition of an inmate.

SECTION 2.  Amends Section 498.002, Government Code, CLASSIFICATION
AND RECLASSIFICATION, to require the department, rather than the
institutional division, to classify each inmate as soon as
practicable on the inmate's arrival at the institutional division
or a transfer facility.  Also changes "director of the
institutional division" to the "department."

SECTION 3.  Amends Section 498.003, Government Code, ACCRUAL OF
GOOD CONDUCT TIME, to change "director of the institutional
division" to "department" and "division" to "department."  Also
clarifies that county jail inmates earn no more than the entry-level amount of good time, and remove reference to transfer
facilities.

SECTION 4.  Amends Section 498.004, Government Code, as follows:

     Sec. 498.004.  FORFEITURE AND RESTORATION OF GOOD CONDUCT
     TIME.  (a)  Prohibits the Texas Department of Criminal Justice
     from restoring good conduct time if an inmate in the
     institutional division or a transfer facility commits an
     offense or violates a rule of the division.

     (b)  Prohibits the department from restoring good conduct time
     forfeited on a revocation of parole or mandatory supervision.

SECTION 5.  Amends Section 498.005, Government Code, as follows:

     Sec. 498.005.  New Heading:  ANNUAL REVIEW OF CLASSIFICATION;
     RETROACTIVE AWARD OF GOOD TIME, to change "policies" to
     "rules;" delete language relating to the restoration of good
     conduct time that has been forfeited; and clarify the Boards's
     annual review of good conduct time practices by removing the
     requirement to consider overcrowding in the review.

SECTION 6.  Amends Section 499.154, Government Code, to amend the
transfer facility statute to enable inmates to earn more than entry
level good time if they are promoted, or to be disciplined and lose
good time.

SECTION 7.  Makes application of this Act prospective.

SECTION 8.  Effective date:  September 1, 1995.

SECTION 9.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute amends the definition of an inmate and requires the
department, rather than the institutional division, to classify
each inmate as soon as practicable on their arrival at the
institutional division or a transfer facility.

The substitute also adds some clean-up language to the sections of
the Government Code relating to good conduct time.  It clarifies
the amount of time county jail inmates earn and puts the
department, rather than the director of the institutional division,
in charge of the accrual of good conduct time by inmates.   The
substitute also deletes language requiring the Board, when annually
reviewing good conduct time practices, to consider overcrowding in
the review.

SUMMARY OF COMMITTEE ACTION

S.B. 44 was considered by the Committee on Corrections in a public
hearing on May 2, 1995.  The Chair laid out the bill.

The Chair recognized the following person to testify neutrally on
the bill:
     Carl Reynolds, representing the Texas Board of Criminal
     Justice.

The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.  The bill was reported
favorably, as substituted, with the recommendation that it do pass
and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, and 3
absent.