1-1  By:  Shapiro                                            S.B. No. 44
    1-2        (In the Senate - Filed November 14, 1994; January 10, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  February 15, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 6, Nays 0; February 15, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                              By:  Shapiro
    1-7  Amend S.B. No. 44 as follows:
    1-8        (1)  Insert a new Section 3 as follows:
    1-9        SECTION 3.  (a)  The change in law made by this Act applies
   1-10  only to an offense committed on or after the effective date of this
   1-11  Act.  For the purposes of this section, an offense is committed
   1-12  before the effective date of this Act if any element of the offense
   1-13  occurs before the effective date.
   1-14        (b)  An offense committed before the effective date of this
   1-15  Act is covered by the law in effect when the offense was committed,
   1-16  and the former law is continued in effect for that purpose.
   1-17        (2)  Renumber subsequent sections accordingly.
   1-18                         A BILL TO BE ENTITLED
   1-19                                AN ACT
   1-20  relating to the restoration of good conduct time forfeited by an
   1-21  inmate of the institutional division of the Texas Department of
   1-22  Criminal Justice.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 498.004, Government Code, is amended to
   1-25  read as follows:
   1-26        Sec. 498.004.  Forfeiture and Restoration of Good Conduct
   1-27  Time.  (a)  If, during the actual term of imprisonment of an inmate
   1-28  in the institutional division, the inmate commits an offense or
   1-29  violates a rule of the division, the director of the institutional
   1-30  division may forfeit all or any part of the inmate's accrued good
   1-31  conduct time.  The director of the institutional division may not
   1-32  restore good conduct time forfeited under this subsection <subject
   1-33  to rules adopted by the institutional division>.
   1-34        (b)  On the revocation of parole or mandatory supervision of
   1-35  an inmate, the inmate forfeits all good conduct time previously
   1-36  accrued.  On return to the institutional division the inmate may
   1-37  accrue new good conduct time for subsequent time served in the
   1-38  division.  The director of the institutional division may not
   1-39  restore good conduct time forfeited on a revocation <that does not
   1-40  involve a new criminal conviction after the inmate has served at
   1-41  least three months of good behavior in the institutional division,
   1-42  subject to rules adopted by the division>.  <Not later than the
   1-43  60th day after the date an inmate is returned to the institutional
   1-44  division following a revocation of parole or mandatory supervision,
   1-45  the pardons and paroles division shall notify the director of the
   1-46  institutional division of the grounds for revocation.>
   1-47        SECTION 2.  Section 498.005, Government Code, is amended to
   1-48  read as follows:
   1-49        Sec. 498.005.  Annual Review of Classification; <Restoration
   1-50  of Good Time;> Retroactive Award of Good Time.  At least annually,
   1-51  the board shall review the institutional division's rules relating
   1-52  to <restoration of good conduct time that has been forfeited,> the
   1-53  manner in which inmates are reclassified<,> and the manner in which
   1-54  additional good conduct time is awarded retroactively to inmates
   1-55  who have been reclassified.  The board shall consider in its review
   1-56  whether the inmate overcrowding in the institutional division has
   1-57  decreased and whether it is necessary for purposes of decreasing
   1-58  overcrowding to classify inmates according to Section 498.002 <to
   1-59  restore good conduct time under Section 498.004,> or to award
   1-60  additional good conduct time retroactively to inmates who have been
   1-61  reclassified.  If the board determines that overcrowding has
   1-62  decreased and it is not necessary to <restore good conduct time or>
   1-63  award additional good conduct time, it shall direct the
   1-64  institutional division to discontinue that practice <those
   1-65  practices>.
   1-66        SECTION 3.  This Act takes effect September 1, 1995.
   1-67        SECTION 4.  The importance of this legislation and the
   1-68  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended.
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