Bill Text: TX HB3296 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the award of diligent participation credit to defendants serving a sentence for a state jail felony offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-21 - Left pending in committee [HB3296 Detail]

Download: Texas-2019-HB3296-Introduced.html

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86R11022 JRR-D
By: Allen H.B. No. 3296

A BILL TO BE ENTITLED
AN ACT
relating to the award of diligent participation credit to
defendants serving a sentence for a state jail felony offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.559, Code of Criminal Procedure, is
amended by amending Subsections (b), (f), (g), and (h) and adding
Subsection (e-1) to read as follows:
(b) A defendant serving a sentence for [confined in] a state
jail felony offense [facility] does not earn good conduct time for
time served for the offense [in the facility] but may be awarded
diligent participation credit in accordance with Subsection (f) or
(g).
(e-1) This subsection applies only to a defendant serving a
sentence for a state jail felony offense who is confined in a county
jail before being transferred to a state jail felony facility. For
purposes of awarding diligent participation credit under
Subsection (f) or (g), the sheriff of each county shall:
(1) record the number of days each defendant described
by this subsection diligently participated in an educational,
vocational, treatment, or work program while confined in the county
jail; and
(2) attach a certification of the number of days
recorded under Subdivision (1) when transferring the defendant to a
state jail felony facility.
(f) For a defendant with a judgment that contains a finding
under Article 42.0199 that the defendant is presumptively entitled
to diligent participation credit and who has not been the subject of
disciplinary action while confined for [in] the state jail felony
offense [facility], the department shall credit against any time
the defendant is required to serve for the [in a] state jail felony
offense [facility] additional time for each day the defendant
actually served [in the facility] while diligently participating in
an educational, vocational, treatment, or work program.
(g) For a defendant with a judgment that contains a finding
under Article 42.0199 that the defendant is not presumptively
entitled to diligent participation credit or who has been the
subject of disciplinary action while confined for [in] the state
jail felony offense [facility], the department shall, not later
than the 30th day before the date on which the defendant will have
served 80 percent of the defendant's sentence, report to the
sentencing court the record of the number of days under Subsections
[Subsection] (e) and (e-1), as applicable. The contents of a report
submitted under this subsection are not subject to challenge by a
defendant. A judge, based on the report, may credit against any time
a defendant is required to serve for the [in a] state jail felony
offense [facility] additional time for each day the defendant
actually served [in the facility] while diligently participating in
an educational, vocational, treatment, or work program.
(h) A time credit under Subsection (f) or (g) may not exceed
one-fifth of the amount of time the defendant is originally
required to serve for the state jail felony offense [in the
facility]. A defendant may not be awarded a time credit under
Subsection (f) or (g) for any period during which the defendant is
subject to disciplinary status. A time credit under Subsection (f)
or (g) is a privilege and not a right.
SECTION 2. The change in law made by this Act applies only
to a person serving a sentence for a state jail felony offense
committed on or after the effective date of this Act. A person
serving a sentence for a state jail felony offense committed before
the effective date of this Act is governed by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2019.