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AN ACT
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relating to Texas Department of Criminal Justice transfer |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 493.015(b), Government Code, is amended |
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to read as follows: |
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(b) The department shall identify those inmates who are |
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imprisoned in the institutional division or confined in [a transfer |
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facility,] a substance abuse treatment facility, a state jail |
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felony facility, or a county jail awaiting transfer to the |
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institutional division and for whom the department is unable to |
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reasonably ascertain whether or not the person is an illegal |
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criminal alien. |
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SECTION 2. Section 498.002, Government Code, is amended to |
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read as follows: |
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Sec. 498.002. CLASSIFICATION AND RECLASSIFICATION. The |
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department shall classify each inmate as soon as practicable on the |
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inmate's arrival at the institutional division [or a transfer |
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facility] and, subject to the requirements of Section 498.005, |
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shall reclassify the inmate as circumstances warrant. Each inmate |
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must be classified according to the inmate's conduct, obedience, |
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and industry. The department shall maintain a record on each inmate |
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showing each classification and reclassification of the inmate with |
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the date and reason for each classification or reclassification. |
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The department may classify each inmate on the inmate's arrival at |
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the institutional division [or a transfer facility] in a |
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time-earning category that does not allow the inmate to earn more |
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than 30 days' good conduct time for each 30 days actually served. |
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SECTION 3. Section 498.004(a), Government Code, is amended |
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to read as follows: |
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(a) If, during the actual term of imprisonment of an inmate |
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in the department [or in a transfer facility], the inmate commits an |
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offense or violates a rule of the department, the department may |
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forfeit all or any part of the inmate's accrued good conduct time |
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or, in accordance with the policy adopted under Subsection (c), |
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place all or any part of the inmate's accrued good conduct time in |
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suspension. The department may not restore good conduct time |
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forfeited under this subsection but may reinstate good conduct time |
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suspended under this subsection. |
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SECTION 4. Sections 498.0042(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The department shall adopt policies that prohibit an |
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inmate in the institutional division [or in a transfer facility] |
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from contacting by letter, telephone, or any other means, either |
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directly or indirectly, a victim of the offense for which the inmate |
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is serving a sentence or a member of the victim's family, if: |
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(1) the victim was younger than 17 years of age at the |
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time of the commission of the offense; and |
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(2) the department has not, before the inmate makes |
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contact: |
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(A) received written consent to the contact from: |
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(i) a parent of the victim or the member of |
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the victim's family, other than the inmate; |
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(ii) a legal guardian of the victim or the |
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member of the victim's family; or |
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(iii) the victim or the member of the |
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victim's family, if the victim is 17 years of age or older at the |
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time of giving the consent; and |
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(B) provided the inmate with a copy of the |
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consent. |
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(b) If, during the actual term of imprisonment of an inmate |
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in the institutional division [or a transfer facility], the inmate |
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violates a policy adopted under Subsection (a) or an order entered |
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under Article 42.24, Code of Criminal Procedure, the department |
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shall forfeit all or any part of the inmate's accrued good conduct |
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time. The department may not restore good conduct time forfeited |
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under this subsection. |
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SECTION 5. Section 500.006(b), Government Code, is amended |
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to read as follows: |
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(b) An inmate may not be transported directly from a county |
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jail to an institutional division facility other than a designated |
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diagnostic unit [or a transfer facility]. |
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SECTION 6. Section 507.006(a), Government Code, is amended |
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to read as follows: |
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(a) Notwithstanding any other provision of this subchapter, |
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the state jail division, with the approval of the board, may |
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designate one or more state jail felony facilities or discrete |
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areas within one or more state jail felony facilities to treat |
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inmates who are eligible for confinement in a substance abuse |
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felony punishment facility under Section 493.009 or to house |
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inmates who are sentenced to imprisonment in the institutional |
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division [eligible for confinement in a transfer facility under |
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Section 499.152], but only if the designation does not deny |
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placement in a state jail felony facility of defendants required to |
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serve terms of confinement in a facility following conviction of |
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state jail felonies. The division may not house in a state jail |
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felony facility an inmate who: |
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(1) has a history of or has shown a pattern of violent |
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or assaultive behavior in county jail or a facility operated by the |
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department; or |
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(2) will increase the likelihood of harm to the public |
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if housed in the facility. |
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SECTION 7. Section 508.081(2), Government Code, is amended |
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to read as follows: |
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(2) "Inmate" includes: |
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(A) an administrative releasee; |
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(B) an inmate imprisoned in the institutional |
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division; and |
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(C) a person confined in a [transfer facility or] |
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county jail awaiting: |
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(i) transfer to the institutional division; |
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or |
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(ii) a revocation hearing. |
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SECTION 8. The heading to Section 511.017, Government Code, |
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is amended to read as follows: |
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Sec. 511.017. DUTIES RELATED TO STATE JAIL FELONY |
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FACILITIES [AND INSTITUTIONAL DIVISION TRANSFER FACILITIES]. |
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SECTION 9. The following provisions of the Government Code |
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are repealed: |
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(1) Subchapter G, Chapter 499; |
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(2) Section 507.006(b); and |
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(3) Section 511.017(a)(3). |
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SECTION 10. This Act takes effect September 1, 2021. |
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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. 719 was passed by the House on April |
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9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 719 was passed by the Senate on May |
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12, 2021, by the following vote: Yeas 30, Nays 0. |
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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 |