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AN ACT
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relating to the reinstatement of good conduct time suspended during |
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a term of imprisonment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 498.004, Government Code, as amended by |
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Chapters 249 (S.B. 44) and 321 (H.B. 2162), Acts of the 74th |
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Legislature, Regular Session, 1995, is amended by reenacting and |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) If, during the actual term of imprisonment of an inmate |
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in the department [institutional division] or in a transfer |
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facility, the inmate commits an offense or violates a rule of the |
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department [division], the department may forfeit all or any part |
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of the inmate's accrued good conduct time or, in accordance with the |
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policy adopted under Subsection (c), place all or any part of the |
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inmate's accrued good conduct time in suspension. The department |
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may not restore good conduct time forfeited under this subsection |
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but may reinstate good conduct time suspended under this |
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subsection. |
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(c) The department shall establish a policy regarding the |
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suspension of good conduct time under Subsection (a). The policy |
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must provide that: |
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(1) the department will consider the severity of an |
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inmate's offense or violation in determining whether to suspend all |
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or part of the inmate's good conduct time instead of forfeiting the |
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inmate's good conduct time; |
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(2) during any period of suspension, good conduct time |
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placed in suspension may not be used: |
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(A) for purposes of granting privileges to an |
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inmate; or |
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(B) to compute an inmate's eligibility for parole |
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under Section 508.145 or to determine an inmate's date of release to |
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mandatory supervision under Section 508.147; |
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(3) at the conclusion of any period of suspension, the |
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department may forfeit or reinstate the good conduct time placed in |
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suspension based on the inmate's conduct during the period of the |
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suspension; and |
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(4) in determining whether to forfeit or reinstate |
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good conduct time placed in suspension, the department must |
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consider whether any impact to public safety is likely to result |
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from the inmate's release on parole or to mandatory supervision if |
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the good conduct time is reinstated. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 93 was passed by the House on May 1, |
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2009, by the following vote: Yeas 82, Nays 57, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 93 on May 29, 2009, by the following vote: Yeas 86, Nays 57, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 93 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 29, Nays |
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2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |