Bill Text: TX HB5114 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the award of work-for-time credits to certain persons placed on community supervision or released on parole or to mandatory supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-24 - Left pending in committee [HB5114 Detail]
Download: Texas-2023-HB5114-Introduced.html
88R6546 MCF-F | ||
By: Sherman, Sr. | H.B. No. 5114 |
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relating to the award of work-for-time credits to certain persons | ||
placed on community supervision or released on parole or to | ||
mandatory supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Earning Safe Reentry | ||
Through Work Act. | ||
SECTION 2. Subchapter O, Chapter 42A, Code of Criminal | ||
Procedure, is amended by adding Articles 42A.703 and 42A.704 to | ||
read as follows: | ||
Art. 42A.703. WORK-FOR-TIME CREDIT. (a) In this article: | ||
(1) "Business day" means a day other than Saturday, | ||
Sunday, or a state or federal holiday. | ||
(2) "Division" means the community justice assistance | ||
division of the Texas Department of Criminal Justice. | ||
(3) "Supporting documentation" means documentation | ||
verifying a defendant's employment, including an employment | ||
record, letter, or contract or pay stubs. | ||
(b) Except as provided by Subsection (c), a defendant placed | ||
on community supervision is entitled to receive time credits toward | ||
the completion of the defendant's period of community supervision | ||
in an amount equal to five days for each 30-day period in which the | ||
defendant was employed not less than 130 hours, as verified under | ||
Subsection (e). | ||
(c) A defendant may not receive time credits under this | ||
article during the 60-day period preceding the expiration of the | ||
defendant's period of community supervision, taking into account | ||
any time credits to which the defendant is entitled under this | ||
article and Article 42A.702. | ||
(d) A defendant shall, for each 30-day period described by | ||
Subsection (b), submit to the defendant's supervision officer | ||
supporting documentation not later than the fifth business day | ||
after the expiration of the 30-day period. | ||
(e) A supervision officer to whom supporting documentation | ||
is submitted under Subsection (d) shall: | ||
(1) verify the defendant was employed not less than | ||
130 hours during the 30-day period; and | ||
(2) enter the supporting documentation and record the | ||
time credits received in the system developed under Subsection (g) | ||
not later than the fifth business day after receiving the | ||
supporting documentation. | ||
(f) If a supervision officer is not able to verify the | ||
defendant's employment according to the received supporting | ||
documentation, the officer shall: | ||
(1) deny the time credits; and | ||
(2) record the denial in the system developed under | ||
Subsection (g). | ||
(g) The division shall: | ||
(1) establish a system to record and track time | ||
credits received or denied under this article; and | ||
(2) require each community supervision and | ||
corrections department established under Chapter 76, Government | ||
Code, to use the system. | ||
(h) The court that convicted the defendant shall order that | ||
all of the time credits to which the defendant is entitled under | ||
this article be forfeited if, before the expiration of the period of | ||
community supervision: | ||
(1) the court revokes the defendant's community | ||
supervision; or | ||
(2) the defendant is convicted of a new offense, other | ||
than a traffic offense that is punishable by fine only. | ||
(i) Not later than the 60th day before the expiration of the | ||
defendant's period of community supervision, taking into account | ||
any time credits to which the defendant is entitled under this | ||
article and Article 42A.702, the defendant's supervision officer | ||
shall notify the court that convicted the defendant of the time | ||
credits received by the defendant under this article. | ||
Art. 42A.704. NOTIFICATION TO COURT OF TIME CREDITS. A | ||
defendant's supervision officer shall notify the court if the time | ||
credits to which the defendant is entitled under Articles 42A.702 | ||
and 42A.703, cumulated with the amount of the original community | ||
supervision period the defendant has completed, allow or require | ||
the court to conduct a review of the defendant's community | ||
supervision under Article 42A.701. On receipt of the notice from | ||
the supervision officer, the court shall conduct the review of the | ||
defendant's community supervision to determine if the defendant is | ||
eligible for a reduction or termination of community supervision | ||
under Article 42A.701, taking into account any time credits to | ||
which the defendant is entitled under Articles 42A.702 and 42A.703 | ||
in determining if the defendant has completed, as applicable: | ||
(1) the lesser of one-third of the original community | ||
supervision period or two years of community supervision; or | ||
(2) the greater of one-half of the original community | ||
supervision period or two years of community supervision. | ||
SECTION 3. Subchapter E, Chapter 508, Government Code, is | ||
amended by adding Section 508.1559 to read as follows: | ||
Sec. 508.1559. WORK-FOR-TIME CREDIT. (a) In this section: | ||
(1) "Business day" means a day other than Saturday, | ||
Sunday, or a state or federal holiday. | ||
(2) "Supporting documentation" means documentation | ||
verifying a releasee's employment, including an employment record, | ||
letter, or contract or pay stubs. | ||
(b) Except as provided by Subsection (c), a releasee is | ||
entitled to receive time credits toward the completion of the | ||
releasee's period of parole or mandatory supervision in an amount | ||
equal to five days for each 30-day period in which the releasee was | ||
employed not less than 130 hours, as verified under Subsection (e). | ||
(c) A releasee may not receive time credits under this | ||
section during the 60-day period preceding the expiration of the | ||
releasee's period of parole or mandatory supervision, taking into | ||
account any time credits to which the releasee is entitled under | ||
this section. | ||
(d) A releasee shall, for each 30-day period described by | ||
Subsection (b), submit to the releasee's parole officer supporting | ||
documentation not later than the fifth business day after the | ||
expiration of the 30-day period. | ||
(e) A parole officer to whom supporting documentation is | ||
submitted under Subsection (d) shall: | ||
(1) verify the releasee was employed not less than 130 | ||
hours during the 30-day period; and | ||
(2) enter the supporting documentation and record the | ||
time credits received in the system developed under Subsection (g) | ||
not later than the fifth business day after receiving the | ||
supporting documentation. | ||
(f) If a parole officer is not able to verify the releasee's | ||
employment according to the received supporting documentation, the | ||
officer shall: | ||
(1) deny the time credits; and | ||
(2) record the denial in the system developed under | ||
Subsection (g). | ||
(g) The division shall: | ||
(1) establish a system to record and track time | ||
credits received or denied under this section; and | ||
(2) require each parole officer to use the system. | ||
(h) If a releasee's parole or mandatory supervision is | ||
revoked, all of the time credits to which the releasee is entitled | ||
under this section are forfeited and may not be credited toward the | ||
remaining portion of the releasee's sentence. | ||
SECTION 4. Article 42A.702(f), Code of Criminal Procedure, | ||
is repealed. | ||
SECTION 5. Not later than January 1, 2024: | ||
(1) the community justice assistance division of the | ||
Texas Department of Criminal Justice shall establish the system to | ||
record and track time credits required under Article 42A.703, Code | ||
of Criminal Procedure, as added by this Act; and | ||
(2) the pardons and paroles division of the Texas | ||
Department of Criminal Justice shall establish the system to record | ||
and track time credits required under Section 508.1559, Government | ||
Code, as added by this Act. | ||
SECTION 6. The change in law made by this Act applies only | ||
to a person who is placed on community supervision or released on | ||
parole or to mandatory supervision for an offense committed on or | ||
after the effective date of this Act. A person who is placed on | ||
community supervision or released on parole or to mandatory | ||
supervision for an offense committed before the effective date of | ||
this Act is governed by the law in effect on the date 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 7. This Act takes effect September 1, 2023. |