BILL ANALYSIS

H.B. 1705

By: Allen

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Individuals released from state jail facilities, generally those convicted of low-level drug and property offenses, have the highest recidivism, a 63 percent re-arrest rate according to a Legislative Budget Board report, compared to every other population released from Texas Department of Criminal Justice facilities. Unlike those sent to prison for higher level felonies, there is no parole incentive for those in state jail facilities, who must serve up to two years and often with less access to rehabilitative programming compared to those in prison. The legislature attempted to remedy this issue by creating a diligent participation time credit for those who engage in rehabilitative programming and remain free of disciplinary infractions, but the credit is underutilized, costing taxpayer dollars and increasing recidivism. Judges sometimes do not opt to grant the diligent participation credit, largely because they have no way of knowing if the individual is engaged in programming. Only the Texas Department of Criminal Justice (TDCJ) is able to monitor program participation and disciplinary actions of those sentenced to state jail, but TDCJ has no authority to grant the diligent participation credit. H.B. 1705 seeks to make the diligent participation credit mandatory for those in state jails who engage in an educational, vocational, treatment, or work program.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1705 repeals the Code of Criminal Procedure provision that requires a judge to make and enter a finding in the judgment of a case regarding whether a person convicted of a state jail felony is presumptively entitled to diligent participation credit for purposes of being awarded the credit and amends that code to change from a discretionary award of the credit to a mandatory award for time served by a defendant in a state jail felony facility while diligently participating in an educational, vocational, treatment, or work program.

H.B. 1705 applies only to a person confined in a state jail felony facility for an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

H.B. 1705 repeals Articles 42.0199 and 42A.559(g), Code of Criminal Procedure.

EFFECTIVE DATE

September 1, 2023.