HB2940 - Relating to the award of good conduct time to certain inmates; changing parole eligibility.

  89R4676 BCH-F     By: Jones of Dallas H.B. No. 2940       A BILL TO BE ENTITLED   AN ACT   relating to the award of good conduct time to certain inmates;   changing parole eligibility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 498.003, Government Code, is amended by   amending Subsections (a), (b), (d), and (e) and adding Subsection   (f) to read as follows:          (a)  Good conduct time applies only to eligibility for parole   or mandatory supervision as provided by Section 508.145 or 508.147   and does not otherwise affect an inmate's term. Good conduct time   is a privilege and not a right. The [ Regardless of the   classification of an inmate, the ] department may grant good conduct   time to an [ the ] inmate only for:                 (1)     demonstrating good behavior by complying with all   applicable department rules; or                 (2)     diligently participating in a program described by   Subsection (d) or (f) [ if the department finds that the inmate is   actively engaged in an agricultural, vocational, or educational   endeavor, in an industrial program or other work program, or in a   treatment program, unless the department finds that the inmate is   not capable of participating in such a program or endeavor ].          (b)  An inmate accrues good conduct time described by   Subsection (a)(1) according to the inmate's classification in   amounts as follows:                (1)  20 days for each 30 days actually served while the   inmate is classified as a trusty, except that the department may   award the inmate not more than 10 extra days for each 30 days   actually served;                (2)  20 days for each 30 days actually served while the   inmate is classified as a Class I inmate; and                (3)  10 days for each 30 days actually served while the   inmate is classified as a Class II inmate.          (d)  An inmate may accrue good conduct time, in an amount   determined by the department that does not exceed 15 days for each   30 days actually served, for diligent participation in an   industrial program or other work program or for participation in an   agricultural, educational, [ or ] vocational , or treatment program   provided to inmates by the department. For the purposes of this   subsection, the term "participation in an educational program"   includes the participation of the inmate as a tutor or a pupil in a   literacy program authorized by Section 501.005. The department may   not award good conduct time under this subsection for participation   in a literacy program unless the department determines that the   inmate participated in good faith and with diligence as a tutor or   pupil.          (e)  If an inmate was  [ a person is ] confined in a county jail,   the department shall award good conduct time to the inmate  [ person ]   up to an amount equal to the amount earned by an inmate in the entry   level time earning class.           (f)   The department shall award good conduct time to an   inmate  [ a defendant ] for diligently participating, while confined   in a county jail,  [ diligent participation ] in a voluntary work   program operated by a sheriff under Article 43.101, Code of   Criminal Procedure, in the same manner as if the inmate had   diligently participated in an industrial program or other work   program provided to inmates by the department. The sheriff of each   county shall have attached a certification of the number of days   each inmate diligently participated in the volunteer work program   operated by the sheriff under Article 43.101, Code of Criminal   Procedure.          SECTION 2.  Section 508.046, Government Code, is amended to   read as follows:          Sec. 508.046.  EXTRAORDINARY VOTE REQUIRED.  To release on   parole an inmate who was convicted of an offense under Section   20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is   serving a sentence under Section 12.42(c)(2), Penal Code [ required   under Section 508.145(c) to serve 35 calendar years before becoming   eligible for release on parole ], all members of the board must vote   on the release on parole of the inmate, and at least two-thirds of   the members must vote in favor of the release on parole. A member of   the board may not vote on the release unless the member first   receives a copy of a written report from the department on the   probability that the inmate would commit an offense after being   released on parole.          SECTION 3.  Sections 508.145(b) and (c), Government Code,   are amended to read as follows:          (b)  An inmate serving a life sentence under Section   12.31(a)(1), Penal Code, for a capital felony is not eligible for   release on parole until the actual calendar time the inmate has   served plus good conduct time described by Section 498.003(a)(2) ,   without consideration of any other good conduct time, equals 40   calendar years.          (c)  An inmate serving a sentence under Section 12.42(c)(2),   Penal Code, is not eligible for release on parole until the actual   calendar time the inmate has served plus good conduct time   described by Section 498.003(a)(2) , without consideration of any   other good conduct time, equals 35 calendar years.          SECTION 4.  Section 508.145(d)(2), Government Code, is   amended to read as follows:                (2)  An inmate described by Subdivision (1) is not   eligible for release on parole until the inmate's actual calendar   time served plus good conduct time described by Section   498.003(a)(2) , without consideration of any other good conduct   time, equals one-half of the sentence or 30 calendar years,   whichever is less, but in no event is the inmate eligible for   release on parole in less than two calendar years.          SECTION 5.  The change in law made by this Act applies to any   inmate who is confined in a facility operated by or under contract   with the Texas Department of Criminal Justice on or after the   effective date of this Act, regardless of whether the offense for   which the inmate is confined occurred before, on, or after the   effective date of this Act.          SECTION 6.  This Act takes effect September 1, 2025.