By Shapiro                                              S.B. No. 44
          Substitute the following for S.B. No. 44:
          By Gray                                             C.S.S.B. No. 44
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the provision of good conduct time to inmates sentenced
    1-3  to the institutional division of the Department of Criminal
    1-4  Justice.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 498.001(1), Government Code, is amended
    1-7  to read as follows:
    1-8              (1)  "Inmate" means a person imprisoned <confined> by
    1-9  order of a court <in the institutional division>, whether the
   1-10  person is actually imprisoned <confined> in a facility operated by
   1-11  or under contract with the institutional division <the institution>
   1-12  or is under the supervision or custody of the pardons and paroles
   1-13  division.
   1-14        SECTION 2.  Section 498.002, Government Code, is amended to
   1-15  read as follows:
   1-16        Sec. 498.002.  Classification and Reclassification.  The
   1-17  department <institutional division> shall classify each inmate as
   1-18  soon as practicable on the inmate's arrival at the institutional
   1-19  division or a transfer facility and, subject to the requirements of
   1-20  Section 498.005, shall reclassify the inmate as circumstances
   1-21  warrant.  Each inmate must be classified according to the inmate's
   1-22  conduct, obedience, and industry<, and criminal history>.  The
   1-23  department <director of the institutional division> shall maintain
   1-24  a record on each inmate showing each classification and
    2-1  reclassification of the inmate with the date and reason for each
    2-2  classification or reclassification.  The department <institutional
    2-3  division> may classify each inmate on the inmate's arrival at the
    2-4  institutional division or a transfer facility in a time-earning
    2-5  category that does not allow the inmate to earn more than 30 days'
    2-6  good conduct time for each 30 days actually served.
    2-7        SECTION 3.  Section 498.003, Government Code, is amended to
    2-8  read as follows:
    2-9        Sec. 498.003.  Accrual of Good Conduct Time.  (a)  Good
   2-10  conduct time applies only to eligibility for parole or mandatory
   2-11  supervision as provided by Section 8, Article 42.18, Code of
   2-12  Criminal Procedure, and does not otherwise affect an inmate's term.
   2-13  Good conduct time is a privilege and not a right.  Regardless of
   2-14  the classification of an inmate, the department <director of the
   2-15  institutional division> may grant good conduct time to the inmate
   2-16  only if the department <director> finds that the inmate is actively
   2-17  engaged in an agricultural, vocational, or educational endeavor or
   2-18  in an industrial program or other work program, unless the
   2-19  department <director> finds that the inmate is not capable of
   2-20  participating in such an endeavor.
   2-21        (b)  An inmate accrues good conduct time according to the
   2-22  inmate's classification in amounts as follows:  (1)  20 days for
   2-23  each 30 days actually served while the inmate is classified as a
   2-24  trusty, except that the department <director of the institutional
   2-25  division> may award the inmate not more than 10 extra days for each
   2-26  30 days actually served;
   2-27              (2)  20 days for each 30 days actually served while the
    3-1  inmate is classified as a Class I inmate; and
    3-2              (3)  10 days for each 30 days actually served while the
    3-3  inmate is classified as a Class II inmate.
    3-4        (c)  An inmate may not accrue good conduct time during any
    3-5  period the inmate is classified as a Class III inmate or is on
    3-6  parole or under mandatory supervision.
    3-7        (d)  An inmate may accrue good conduct time, in an amount
    3-8  determined by the department <director of the institutional
    3-9  division> that does not exceed 15 days for each 30 days actually
   3-10  served, for diligent participation in an industrial program or
   3-11  other work program or for participation in an agricultural,
   3-12  educational, or vocational program provided to inmates by the
   3-13  department <institutional division>. For the purposes of this
   3-14  subsection, the term "participation in an educational program"
   3-15  includes the participation of the inmate as a tutor or a pupil in a
   3-16  literacy program authorized by Section 501.005.  The department
   3-17  <institutional division> may not award good conduct time under this
   3-18  subsection for participation in a literacy program unless the
   3-19  department <division> determines that the inmate participated in
   3-20  good faith and with diligence as a tutor or pupil.
   3-21        (e)  If a person is confined in a county jail <or a transfer
   3-22  facility operated by the institutional division is transferred to
   3-23  any other facility of the institutional division for confinement
   3-24  purposes>, the department <director of the institutional division>
   3-25  shall award good conduct time to the person up to an amount equal
   3-26  to the amount earned by an inmate in the entry level time earning
   3-27  class <that which the person could have accrued during the period
    4-1  of confinement in the county jail or transfer facility if instead
    4-2  the person had been imprisoned in the division during that period>.
    4-3  The department <director of the institutional division> shall award
    4-4  good conduct time to a defendant for diligent participation in a
    4-5  voluntary work program operated by a sheriff under Article 43.101,
    4-6  Code of Criminal Procedure, in the same manner as if the inmate had
    4-7  diligently participated in an industrial program or other work
    4-8  program provided to inmates by the department <institutional
    4-9  division>.  The sheriff of each county shall have attached a
   4-10  certification of the number of days each inmate diligently
   4-11  participated in the volunteer work program operated by the sheriff
   4-12  under Article 43.101, Code of Criminal Procedure.
   4-13        SECTION 4.  Section 498.004, Government Code, is amended to
   4-14  read as follows:
   4-15        Sec. 498.004.  Forfeiture and Restoration of Good Conduct
   4-16  Time.  (a)  If, during the actual term of imprisonment of an inmate
   4-17  in the institutional division or in a transfer facility, the inmate
   4-18  commits an offense or violates a rule of the division, the
   4-19  department <director of the institutional division> may forfeit all
   4-20  or any part of the inmate's accrued good conduct time.  The
   4-21  department <director of the institutional division> may not restore
   4-22  good conduct time forfeited under this subsection <subject to rules
   4-23  adopted by the institutional division>.
   4-24        (b)  On the revocation of parole or mandatory supervision of
   4-25  an inmate, the inmate forfeits all good conduct time previously
   4-26  accrued.  On return to the institutional division the inmate may
   4-27  accrue new good conduct time for subsequent time served in the
    5-1  division. The department <director of the institutional division>
    5-2  may not restore good conduct time forfeited on a revocation <that
    5-3  does not involve a new criminal conviction after the inmate has
    5-4  served at least three months of good behavior in the institutional
    5-5  division, subject to rules adopted by the division.> <Not later
    5-6  than the 60th day after the date an inmate is returned to the
    5-7  institutional division following a revocation of parole or
    5-8  mandatory supervision, the pardons and paroles division shall
    5-9  notify the director of the institutional division of the grounds
   5-10  for revocation>.
   5-11        SECTION 5.  Section 498.005, Government Code, is amended to
   5-12  read as follows:
   5-13        Sec. 498.005.  Annual Review of Classification; <Restoration
   5-14  of Good Time;> Retroactive Award of Good Time.  At least annually,
   5-15  the board shall review the institutional division's policies
   5-16  <rules> relating to <restoration of good conduct time that has been
   5-17  forfeited,> the manner in which inmates are classified and
   5-18  reclassified, and the manner in which additional good conduct time
   5-19  is awarded retroactively to inmates who have been reclassified.
   5-20  <The board shall consider in its review whether the inmate
   5-21  overcrowding in the institutional division has decreased and
   5-22  whether it is necessary for purposes of decreasing overcrowding to
   5-23  classify inmates according to Section 498.002 to restore good
   5-24  conduct time under Section 498.004, or to award additional good
   5-25  conduct time retroactively to inmates who have been reclassified.
   5-26  If the board determines that overcrowding has decreased and it is
   5-27  not necessary to restore good conduct time or award additional good
    6-1  conduct time, it shall direct the institutional division to
    6-2  discontinue those practices.>
    6-3        SECTION 6.  Section 499.154, Government Code, is amended to
    6-4  read as follows:
    6-5        Sec. 499.154.  Custody Status; Good Conduct Time.  An inmate
    6-6  described by Section 499.152 confined in a transfer facility
    6-7  authorized by this subchapter earns good conduct time in the same
    6-8  manner and subject to the same rules as if the inmate were confined
    6-9  in <a county jail awaiting transfer to> the institutional division.
   6-10        SECTION 7.  (a)  The change in law made by this Act applies
   6-11  only to an offense committed on or after the effective date of this
   6-12  Act.  For purposes of this section, an offense is committed before
   6-13  the effective date of this Act if any element of the offense occurs
   6-14  before the effective date.
   6-15        (b)  An offense committed before the effective date of this
   6-16  Act is covered by the law in effect when the offense was committed,
   6-17  and the former law is continued in effect for that purpose.
   6-18        SECTION 8.  This Act takes effect September 1, 1995.
   6-19        SECTION 9.  The importance of this legislation and the
   6-20  crowded condition of the calendars in both houses create an
   6-21  emergency and an imperative public necessity that the
   6-22  constitutional rule requiring bills to be read on three several
   6-23  days in each house be suspended, and this rule is hereby suspended.