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.