SGN S.B. 51 75(R)BILL ANALYSIS CORRECTIONS S.B. 51 By: Shapiro (Allen) 4-28-97 Committee Report (Amended) BACKGROUND Currently, Texas law does not impose any sanctions against an inmate who contacts the inmate's victim. S.B. 51 would forfeit an inmate's good conduct time in the event the inmate contacts the victim if the victim is younger than 17 at the time of the commission of the offense. This bill provides exceptions for cases in which Department of Criminal Justice has received written consent from the victim's parent or the victim, if the victim is over 17 at the time of giving consent. PURPOSE As proposed, S.B. 51 prohibits an inmate from contacting a victim of a crime for which the inmate is serving a sentence under certain conditions. Provides that the inmate's good conduct time will be forfeited for violating this prohibition. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority in SECTION 1, Section 498.0042(a), Government Code, to the Texas Board of Criminal Justice. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 498, Government Code, by adding Section 498.0042, as follows: Sec. 498.0042. FORFEITURE FOR CONTACTING VICTIMS. (a) Requires the Texas Board of Criminal Justice to adopt rules that prohibit an inmate in the institutional division or a transfer facility from contacting by letter, telephone, or any other means, either directly or indirectly, a victim of the offense for which the inmate is serving a sentence, if certain conditions are met. (b) Requires the Texas Department of Criminal Justice to forfeit all or any part of the inmate's accrued good conduct time, if during the actual term of imprisonment of an inmate in the institutional division or a transfer facility, the inmate violates a rule adopted under Subsection (a). Prohibits the department from restoring good conduct time forfeited under this subsection. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Committee amendment number one provides that the Department of Criminal Justice shall adopt policies, instead of the Board of Criminal Justice adopt rules, to prohibit an inmate from contacting a victim.