By Shapiro S.B. No. 44
74R1457 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the restoration of good conduct time forfeited by an
1-3 inmate of the institutional division of the Texas Department of
1-4 Criminal Justice.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 498.004, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 498.004. Forfeiture and Restoration of Good Conduct
1-9 Time. (a) If, during the actual term of imprisonment of an inmate
1-10 in the institutional division, the inmate commits an offense or
1-11 violates a rule of the division, the director of the institutional
1-12 division may forfeit all or any part of the inmate's accrued good
1-13 conduct time. The director of the institutional division may not
1-14 restore good conduct time forfeited under this subsection <subject
1-15 to rules adopted by the institutional division>.
1-16 (b) On the revocation of parole or mandatory supervision of
1-17 an inmate, the inmate forfeits all good conduct time previously
1-18 accrued. On return to the institutional division the inmate may
1-19 accrue new good conduct time for subsequent time served in the
1-20 division. The director of the institutional division may not
1-21 restore good conduct time forfeited on a revocation <that does not
1-22 involve a new criminal conviction after the inmate has served at
1-23 least three months of good behavior in the institutional division,
1-24 subject to rules adopted by the division>. <Not later than the
2-1 60th day after the date an inmate is returned to the institutional
2-2 division following a revocation of parole or mandatory supervision,
2-3 the pardons and paroles division shall notify the director of the
2-4 institutional division of the grounds for revocation.>
2-5 SECTION 2. Section 498.005, Government Code, is amended to
2-6 read as follows:
2-7 Sec. 498.005. Annual Review of Classification; <Restoration
2-8 of Good Time;> Retroactive Award of Good Time. At least annually,
2-9 the board shall review the institutional division's rules relating
2-10 to <restoration of good conduct time that has been forfeited,> the
2-11 manner in which inmates are reclassified<,> and the manner in which
2-12 additional good conduct time is awarded retroactively to inmates
2-13 who have been reclassified. The board shall consider in its review
2-14 whether the inmate overcrowding in the institutional division has
2-15 decreased and whether it is necessary for purposes of decreasing
2-16 overcrowding to classify inmates according to Section 498.002 <to
2-17 restore good conduct time under Section 498.004,> or to award
2-18 additional good conduct time retroactively to inmates who have been
2-19 reclassified. If the board determines that overcrowding has
2-20 decreased and it is not necessary to <restore good conduct time or>
2-21 award additional good conduct time, it shall direct the
2-22 institutional division to discontinue that practice <those
2-23 practices>.
2-24 SECTION 3. This Act takes effect September 1, 1995.
2-25 SECTION 4. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.