Bill Text: TX HB2649 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the award of diligent participation credit to defendants confined in a state jail felony facility.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2649 Detail]
Download: Texas-2011-HB2649-Enrolled.html
H.B. No. 2649 |
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relating to the award of diligent participation credit to | ||
defendants confined in a state jail felony facility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 15(h), Article 42.12, Code of Criminal | ||
Procedure, is amended by amending Subdivision (1) and adding | ||
Subdivisions (4), (5), and (6) to read as follows: | ||
(1) A defendant confined in a state jail felony | ||
facility does not earn good conduct time for time served in the | ||
facility but may be awarded diligent participation credit in | ||
accordance with Subdivision (6). | ||
(4) For purposes of Subdivisions (5) and (6), | ||
"diligent participation" includes: | ||
(A) successful completion of an educational, | ||
vocational, or treatment program; | ||
(B) progress toward successful completion of an | ||
educational, vocational, or treatment program that was interrupted | ||
by illness, injury, or another circumstance outside the control of | ||
the defendant; and | ||
(C) active involvement in a work program. | ||
(5) For a defendant who has participated in an | ||
educational, vocational, treatment, or work program while confined | ||
in a state jail felony facility, not later than the 30th day before | ||
the date on which the defendant will have served 80 percent of the | ||
defendant's sentence, the Texas Department of Criminal Justice | ||
shall report to the sentencing court the number of days during which | ||
the defendant diligently participated in any educational, | ||
vocational, treatment, or work program. The contents of a report | ||
submitted under this subdivision are not subject to challenge by a | ||
defendant. | ||
(6) A judge, based on the report received under | ||
Subdivision (5), may credit against any time a defendant is | ||
required to serve in a state jail felony facility additional time | ||
for each day the defendant actually served in the facility while | ||
diligently participating in an educational, vocational, treatment, | ||
or work program. A time credit under this subdivision may not | ||
exceed one-fifth of the amount of time the defendant is originally | ||
required to serve in the facility. A defendant may not be awarded a | ||
credit under this subdivision for any period during which the | ||
defendant is subject to disciplinary action. A time credit under | ||
this subdivision is a privilege and not a right. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a person confined in a state jail felony facility for an offense | ||
committed on or after the effective date of this Act. A person | ||
confined in a state jail felony facility for an offense committed | ||
before the effective date of this Act is covered 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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2649 was passed by the House on May | ||
12, 2011, by the following vote: Yeas 138, Nays 7, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2649 was passed by the Senate on May | ||
24, 2011, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |