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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of diligent participation credit to |
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defendants confined in a state jail felony facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 15(h)(5) and (6), Article 42.12, Code |
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of Criminal Procedure, are amended to read as follows: |
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(5) For a defendant who has participated in an |
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educational, vocational, treatment, or work program while confined |
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in a state jail felony facility, not later than the 30th day before |
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the date on which the defendant will have served 80 percent of the |
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defendant's sentence, the Texas Department of Criminal Justice |
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shall report to the sentencing court the number of days during which |
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the defendant diligently participated in any educational, |
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vocational, treatment, or work program. [The contents of a report
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submitted under this subdivision are not subject to challenge by a
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defendant.] |
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(6) A judge, based on the report received under |
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Subdivision (5), may credit against any time a defendant is |
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required to serve in a state jail felony facility additional time |
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for each day the defendant actually served in the facility while |
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diligently participating in an educational, vocational, treatment, |
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or work program. If the judge does not take action under this |
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subdivision on or before the 30th day after the date the judge |
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receives the report, the department shall credit against any time a |
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defendant is required to serve in a state jail felony facility |
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additional time for each day the defendant actually served in the |
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facility while diligently participating in an educational, |
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vocational, treatment, or work program. A time credit under this |
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subdivision may not exceed one-fifth of the defendant's original |
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sentence [amount of time the defendant is originally required to
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serve in the facility]. A defendant may not be awarded a credit |
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under this subdivision for any period during which the defendant is |
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subject to disciplinary status [action]. A time credit under this |
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subdivision is a privilege and not a right. |
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SECTION 2. The change in law made by this Act applies only |
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to a person confined in a state jail felony facility for an offense |
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committed on or after the effective date of this Act. A person |
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confined in a state jail felony facility for an offense committed |
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before the effective date of this Act is covered by the law in |
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effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |