reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter D. Trusties › Section 497.081. Appointment

Sec. 497.081.  APPOINTMENT.  (a)  For the purposes of this subchapter, only the institutional division may appoint an inmate to serve as a trusty, under policies adopted by the director of the institutional division.
(b)  The institutional division may not appoint an inmate to serve as a trusty for the purposes of this subchapter unless the inmate has a good record in the division.
(c)  An inmate who is serving three or more terms may be used as a trusty for the purposes of this subchapter only if the inmate has an unblemished record in the institutional division and the inmate has served more than one-half of the inmate's sentence.
(d)  An inmate may not be appointed to serve as a trusty for the purposes of this subchapter if the inmate has attempted an escape in which the inmate:
(1)  used a firearm or other deadly weapon;  or
(2)  wounded a guard or other person.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.081 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.039, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter D. Trusties › Section 497.082. Use of Regular Inmates as Trusties Prohibited

Sec. 497.082.  USE OF REGULAR INMATES AS TRUSTIES PROHIBITED.  An employee of the institutional division may not use the inmate as a trusty unless the division appoints the inmate to serve as a trusty.  However, in the case of an extreme emergency, as determined by a farm manager, the farm manager may fill a vacancy in a position formerly held by a trusty by appointing an inmate to serve in that position for not more than 10 days.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.082 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter D. Trusties › Section 497.083. Restrictions on Trusties

Sec. 497.083.  RESTRICTIONS ON TRUSTIES.  (a)  A trusty may not be permitted to leave the location where the institutional division has assigned the trusty unless the trusty is on division business.
(b)  A trusty may not be at large or off institutional division property after 9 p.m. unless accompanied by a guard or other employee of the division or a member of the board.
(c)  Subsection (b) does not apply to a trusty who operates pumps or other necessary machinery at night on an institutional division farm.
(d)  Employees of the institutional division who are in charge of trusties shall ensure that trusties required to be inside division buildings not later than 9 p.m. are inside by that time.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.083 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter D. Trusties › Section 497.084. Honor Farms

Sec. 497.084.  HONOR FARMS.  This subchapter does not apply to an institutional division farm established by the board as an honor farm.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.084 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter D. Trusties › Section 497.085. Failure to Enforce; Removal

Sec. 497.085.  FAILURE TO ENFORCE;  REMOVAL.  A member of the board or employee of the institutional division who is required to enforce this subchapter and fails or refuses to do so is subject to removal from the board or from employment.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.085 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter E. General Provisions Related to Inmate Labor › Section 497.091. Contracts for Inmate Labor

Sec. 497.091.  CONTRACTS FOR INMATE LABOR.  (a)  In this section:
(1)  "Agency" has the meaning assigned that term by Section 771.002.
(2)  "Local government" has the meaning assigned that term by Section 791.003.
(b)  The department shall seek contracts with agencies and local governments to provide inmate labor to those agencies and governments, with the department giving priority to seeking contracts for the use of inmate labor for service projects that benefit the public.
(c)  The department may not enter into a contract with an agency under this section unless the contract complies with Chapter 771 and may not enter into a contract with a local government under this section unless the contract complies with Chapter 791. A contract entered into under this section may provide that the department be reimbursed for expenses incurred by the division in providing inmate labor to the agency or local government.
(d)  The department shall make reasonable efforts to contract with nonprofit organizations that provide services to the general public and enhance social welfare and the general well-being of the community to provide inmate labor to those organizations.  In entering contracts under this subsection, the department should give preference to nonprofit organizations that will use the inmate labor in a manner that increases the inmates' vocational skills.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.091 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.041, eff. Sept. 1, 1995;   Acts 1997, 75th Leg., ch. 1409, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 302, Sec. 1, eff. May 29, 1999;  Acts 1999, 76th Leg., ch. 1188, Sec. 1.33, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter E. General Provisions Related to Inmate Labor › Section 497.092. Highway Improvement

Sec. 497.092.  HIGHWAY IMPROVEMENT.  (a)  The board and the Texas Transportation Commission may enter into and perform an agreement or contract for the use of inmate labor for a state highway improvement project.
(b)  An agreement or contract entered into under this section and payments made under the agreement or contract must conform with Chapter 771.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.092 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(39), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.042, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter E. General Provisions Related to Inmate Labor › Section 497.093. Inmate Labor at Sam Houston State University

Sec. 497.093.  INMATE LABOR AT SAM HOUSTON STATE UNIVERSITY.  The institutional division may provide trusties to work at Sam Houston State University.  The institutional division shall maintain control over the trusties at all times.  Time spent by a trusty working at the university is considered time spent by the inmate in custody.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.093 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter E. General Provisions Related to Inmate Labor › Section 497.094. Job Training Programs

Sec. 497.094.  JOB TRAINING PROGRAMS.  (a)  The department shall implement a job training program for each job performed by an inmate confined in a facility operated by or under contract with the department or a defendant or releasee housed in a facility operated by or under contract with the department and monitor the success of those programs.  The department shall also establish a permanent record for each inmate, defendant, or releasee.  The record must describe the types of job training provided to the inmate, defendant, or releasee by the department.  On release from imprisonment or supervision, the department shall provide the inmate, defendant, or releasee with a copy of the record.  The department shall collect information relating to the employment histories of inmates released from the institutional division on parole and mandatory supervision.
(b)  The department and the Texas Workforce Investment Council by rule shall adopt a memorandum of understanding that establishes the respective responsibility of those entities to provide through local workforce development boards job training and employment assistance to persons formerly sentenced to the institutional division or the state jail division and information on services available to employers or potential employers of those persons.  The department shall coordinate the development of the memorandum of understanding.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.094 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.043, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 611, Sec. 4, eff. Aug. 28, 1995;  Acts 1999, 76th Leg., ch. 1188, Sec. 1.34, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 818, Sec. 6.07, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter E. General Provisions Related to Inmate Labor › Section 497.095. Inmate's Work Record

Sec. 497.095.  INMATE'S WORK RECORD.  The department shall establish a permanent record for each inmate confined, and for each defendant or releasee housed, in a facility operated by or under contract with the department who participates in a department work program. The record must describe the type or types of work performed by the inmate, defendant, or releasee during the person's confinement or supervision and must contain evaluations of the performance of and proficiency at tasks assigned and a record of the attendance at work by the inmate, defendant, or releasee.  On release from imprisonment or supervision, the department shall provide the inmate, defendant, or releasee with a copy of a record made by the department under this section.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.095 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.35, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter E. General Provisions Related to Inmate Labor › Section 497.096. Liability Protections

Sec. 497.096.  LIABILITY PROTECTIONS.  An employee of the Texas Department of Criminal Justice, sheriff, employee of a sheriff's department, county commissioner, county employee, county judge, employee of a community corrections and supervision department, restitution center, or officer or employee of a political subdivision other than a county is not liable for damages arising from an act or failure to act in connection with community service performed by an inmate imprisoned in a facility operated by the department or in connection with an inmate or offender programmatic or nonprogrammatic activity, including work, community service, educational, and treatment activities, if the act or failure to act was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.
Added by Acts 1993, 73rd Leg., ch. 201, Sec. 5, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.044, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter E. General Provisions Related to Inmate Labor › Section 497.097. Use of State Jail Felons

Sec. 497.097.  USE OF STATE JAIL FELONS.  The department may use the labor of defendants confined in a state jail felony facility in any work or community service program or project performed by the institutional division.
Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.045, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter E. General Provisions Related to Inmate Labor › Section 497.099. Participation in Work Program Required

Sec. 497.099.  PARTICIPATION IN WORK PROGRAM REQUIRED.  (a)  The department shall require each inmate and each defendant or releasee housed in a facility operated by or under contract with the department to work in an agricultural, industrial, or other work program to the extent that the inmate, defendant, or releasee is physically and mentally capable of working.  The department may waive the work requirement for an inmate, defendant, or releasee as necessary to maintain security or to permit the inmate, defendant, or releasee to participate in rehabilitative programming.
(b)  The board may develop by rule and the department may administer an incentive pay scale program for inmates required to work in agricultural, industrial, or other work programs.  In developing the program, the board shall set pay levels not to unjustly reward inmates, but rather to instruct inmates on the virtues of diligent participation in the workplace.  The department shall deposit an amount earned by an inmate under this subsection into the inmate's trust fund and may deduct not more than 80 percent of the amount deposited under this subsection for payment of restitution and dependent care owed by the inmate.  This subsection does not apply to the compensation of an inmate participating in a Texas Correctional Industries program under Subchapter A or an inmate participating in a private sector prison industries program under Subchapter C.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.36, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter F. Agriculture › Section 497.111. Advisory Committee on Agriculture

Sec. 497.111.  ADVISORY COMMITTEE ON AGRICULTURE.  (a)  The Advisory Committee on Agriculture to the institutional division is created.
(b)  The advisory committee consists of five members.  One member must be a member of the board, and if possible that member should have a knowledge of agriculture.  One member must be a member of the faculty at Texas A&M University with expertise in agriculture.  The other members must be citizens of the state with knowledge of agriculture.  The board shall appoint the board member, the faculty member from Texas A&M University, and two of the citizen members.  The commissioner of agriculture shall appoint the remaining citizen member.
(c)  Members of the advisory committee serve at the will of the board.
(d)  The member of the advisory committee who is the board member serves as chairman of the advisory committee.
(e)  Members of the advisory committee are not entitled to compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing their official duties as advisory committee members.
(f)  Necessary costs for the operation of the committee shall be paid from funds appropriated to the board.
(g)  The advisory committee shall hold regular quarterly meetings on dates fixed by the committee and special meetings as the committee determines necessary.
(h)  The advisory committee shall keep a public record of its decisions at the general office of the institutional division.
(i)  The advisory committee shall present to the board periodic evaluations of agricultural programs, suggestions for new areas of agricultural operations, and reviews related to the need for mechanization and the use of inmate labor in agricultural operations.  The committee shall report to the board on its activities at least twice each year.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.111 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter F. Agriculture › Section 497.112. Agricultural Efficiency and Economy

Sec. 497.112.  AGRICULTURAL EFFICIENCY AND ECONOMY.  (a)  The institutional division shall review annually the agricultural operations of the division.  The review must include:
(1)  a cost-effectiveness analysis of all agricultural programs;
(2)  a determination as to whether the institutional division could more economically purchase certain agricultural products rather than produce those products;  and
(3)  a determination as to whether certain agricultural operations performed by inmates could be mechanized, taking into account whether mechanization would adversely affect security or inmate discipline.
(b)  The institutional division shall use the information provided by the annual review in developing and improving agricultural operations.
(c)  The institutional division shall provide the board with a copy of the annual review required by this section.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 496.112 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 497 - Industry and Agriculture; Labor of Inmates › Subchapter F. Agriculture › Section 497.113. Surplus Agricultural Property and Products

Sec. 497.113.  SURPLUS AGRICULTURAL PROPERTY AND PRODUCTS.  (a)  The board may authorize the sale or disposal of surplus agricultural products and personal property owned by the department, other than products or property produced for sale by the department.
(b)  Products and property described by Subsection (a) shall be sold under rules adopted by the board and at prices and terms set pursuant to those rules.
(c)  The department may use surplus agricultural capacity to provide agricultural products to a nonprofit organization at no profit to the department.
(d)  The department is encouraged to enter into agreements with nonprofit food banks.  An agreement under this subsection may provide that a food bank will supply seed and fertilizer to the department and that the department will in turn provide to the food bank agricultural products grown from the seed and with the assistance of the fertilizer.  For the purpose of this subsection, "nonprofit food bank" means a nonprofit organization that solicits, warehouses, and redistributes edible food to agencies that feed needy families and individuals.
Added by Acts 1997, 75th Leg., ch. 1409, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 303, Sec. 1, eff. May 29, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 498 - Inmate Classification and Good Time › Section 498.001. Definitions

Sec. 498.001.  DEFINITIONS.  In this chapter:
(1)  "Inmate" means a person imprisoned by order of a court, whether the person is actually imprisoned in a facility operated by or under contract with the institutional division or is under the supervision or custody of the pardons and paroles division.
(2)  "Term" means:
(A)  the term of confinement in the institutional division stated in the sentence of the convicting court, if the inmate is serving a sentence for a single offense;
(B)  the term of confinement established by Section 508.150, if the inmate is serving two or more sentences consecutively;  or
(C)  the longest term of confinement in the institutional division stated in the sentence of the convicting court, if the inmate is serving two or more concurrent sentences.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 497.001 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 249, Sec. 1, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.046, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 12.10, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 498 - Inmate Classification and Good Time › Section 498.002. Classification and Reclassification

Sec. 498.002.  CLASSIFICATION AND RECLASSIFICATION.  The department shall classify each inmate as soon as practicable on the inmate's arrival at the institutional division and, subject to the requirements of Section 498.005, shall reclassify the inmate as circumstances warrant.  Each inmate must be classified according to the inmate's conduct, obedience, and industry.  The department shall maintain a record on each inmate showing each classification and reclassification of the inmate with the date and reason for each classification or reclassification.  The department may classify each inmate on the inmate's arrival at the institutional division in a time-earning category that does not allow the inmate to earn more than 30 days' good conduct time for each 30 days actually served.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 497.002 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.03, eff. Aug. 29, 1991;  Acts 1995, 74th Leg., ch. 249, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.047, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 498 - Inmate Classification and Good Time › Section 498.0042. Forfeiture for Contacting Victims

Sec. 498.0042.  FORFEITURE FOR CONTACTING VICTIMS.  (a)  The department shall adopt policies that prohibit an inmate in the institutional division from contacting by letter, telephone, or any other means, either directly or indirectly, a victim of the offense for which the inmate is serving a sentence or a member of the victim's family, if:
(1)  the victim was younger than 17 years of age at the time of the commission of the offense; and
(2)  the department has not, before the inmate makes contact:
(A)  received written consent to the contact from:
(i)  a parent of the victim or the member of the victim's family, other than the inmate;
(ii)  a legal guardian of the victim or the member of the victim's family; or
(iii)  the victim or the member of the victim's family, if the victim is 17 years of age or older at the time of giving the consent; and
(B)  provided the inmate with a copy of the consent.
(b)  If, during the actual term of imprisonment of an inmate in the institutional division, the inmate violates a policy adopted under Subsection (a) or an order entered under Article 42.24, Code of Criminal Procedure, the department shall forfeit all or any part of the inmate's accrued good conduct time.  The department may not restore good conduct time forfeited under this subsection.
(c)  In this section, "family" has the meaning assigned by Section 71.003, Family Code.
Added by Acts 1997, 75th Leg., ch. 666, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 670, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 491 (H.B. 1028), Sec. 3, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 498 - Inmate Classification and Good Time › Section 498.0045. Forfeiture of Good Conduct Time: Frivolous Lawsuits

Sec. 498.0045.  FORFEITURE OF GOOD CONDUCT TIME:  FRIVOLOUS LAWSUITS.  (a)  In this section, "final order" means a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a lawsuit, including a proceeding arising from an application for writ of habeas corpus, brought by an inmate while the inmate was in the custody of the department or confined in county jail awaiting transfer to the department following conviction of a felony or revocation of community supervision, parole, or mandatory supervision.
(a-1)  For purposes of this chapter, an application for writ of habeas corpus is considered "frivolous" if brought for the purpose of abusing judicial resources.
(b)  On receipt of a final order, the department shall forfeit:
(1)  60 days of an inmate's accrued good conduct time, if the department has previously received one final order;
(2)  120 days of an inmate's accrued good conduct time, if the department has previously received two final orders;  or
(3)  180 days of an inmate's accrued good conduct time, if the department has previously received three or more final orders.
(c)  The department may not restore good conduct time forfeited under this section.
Added by Acts 1995, 74th Leg., ch. 378, Sec. 5, eff. June 8, 1995.  Amended by Acts 1999, 76th Leg., ch. 655, Sec. 3, eff. June 18, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1207 (H.B. 681), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 498 - Inmate Classification and Good Time › Section 498.005. Annual Review of Classification; Retroactive Award of Good Time

Sec. 498.005.  ANNUAL REVIEW OF CLASSIFICATION;  RETROACTIVE AWARD OF GOOD TIME.  At least annually, the board shall review the institutional division's policies relating to the manner in which inmates are classified and reclassified, and the manner in which additional good conduct time is awarded retroactively to inmates who have been reclassified.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 497.005 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.04, eff. Aug. 29, 1991;  Acts 1995, 74th Leg., ch. 249, Sec. 5, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.050, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter A. Pre-Parole Transfer › Section 499.001. Definitions

Sec. 499.001.  DEFINITIONS.  In this subchapter:
(1)  "Community residential facility" means a facility under contract with the department under Section 508.119 or another facility or residence approved by the department.
(2)  "Eligible inmate" means an inmate in the actual physical custody of the institutional division for whom a presumptive parole date has been established by a parole panel.
(3)  "Pre-parolee" means an eligible inmate of whom the pardons and paroles division has assumed custody.
(4)  "Presumptive parole date" means a date specified by a parole panel under Section 508.151 on which an inmate's parole release is to become effective.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 498.001 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.051, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 12.12, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter A. Pre-Parole Transfer › Section 499.002. Transfer to Community Residential Facility

Sec. 499.002.  TRANSFER TO COMMUNITY RESIDENTIAL FACILITY.  (a)  The pardons and paroles division may assume custody of an eligible inmate not more than one year before the inmate's presumptive parole date or mandatory supervision release date.  The eligible inmate becomes a pre-parolee on the date the pardons and paroles division assumes custody, and the pardons and paroles division immediately shall transfer the pre-parolee to a community residential facility.  Except as otherwise provided by this subchapter, the pre-parolee may serve the remainder of the pre-parolee's sentence before release on parole in the facility designated by the pardons and paroles division.
(b)  At the time of the transfer of the pre-parolee, the pardons and paroles division shall designate a community residential facility as the pre-parolee's assigned unit of confinement.
(c)  If a pre-parolee is transferred from pre-parole status to parole status the pre-parolee shall receive any balance of the money to which the pre-parolee is entitled under Section 501.015.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 498.002 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.052, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter A. Pre-Parole Transfer › Section 499.0021. Transfer of Revoked Defendants

Sec. 499.0021.  TRANSFER OF REVOKED DEFENDANTS.  (a)  An inmate is eligible for transfer under this section if the inmate is confined in the institutional division or a county jail following revocation of community supervision on grounds other than the commission of a subsequent felony offense.
(b)  The pardons and paroles division may assume custody of an inmate who is eligible for transfer under this section not earlier than one year before the inmate's presumptive parole date.  The inmate becomes a pre-parolee on the date the pardons and paroles division assumes custody, and the pardons and paroles division immediately shall transfer the pre-parolee to a facility under contract with the department, which may be a community residential facility, a community corrections facility listed in Section 509.001, or a county correctional facility.  A pre-parolee transferred under this section is considered to be in the actual physical custody of the pardons and paroles division.
(c)  A pre-parolee transferred by the pardons and paroles division to a facility under this section is subject to the provisions of Sections 499.002(c), 499.004, and 499.005 in the same manner as if the person were a pre-parolee who had been transferred to a community residential facility under Section 499.002.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 12.01, eff. Oct. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 988, Sec. 4.01, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 7.05, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 1.053, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter A. Pre-Parole Transfer › Section 499.003. Transfer From Jail or Other Correctional Facility

Sec. 499.003.  TRANSFER FROM JAIL OR OTHER CORRECTIONAL FACILITY.  (a)  A person is eligible for transfer under this section from a jail or correctional institution to a secure community residential facility if:
(1)  the person has been sentenced to a term of confinement in the institutional division;
(2)  the person has not been delivered to the custody of the institutional division, but rather is confined in a jail in this state, a federal correctional institution, or a jail or correctional institution in another state;  and
(3)  a presumptive parole date or mandatory supervision release date for the person has been established.
(b)  The pardons and paroles division may authorize the transfer of an eligible person from a jail in this state, a federal correctional institution, or a jail or correctional institution in another state to a secure community residential facility designated by the pardons and paroles division not more than one year before the person's presumptive parole date or mandatory supervision release date.  A person transferred under this section is considered to be in the actual physical custody of the pardons and paroles division.
(c)  A person transferred by the pardons and paroles division to a secure community residential facility is subject to the provisions of Sections 499.002(c), 499.004, and 499.005 in the same manner as if the person is a pre-parolee who had been transferred to a community residential facility under Section 499.002.
(d)  The pardons and paroles division may request of a sheriff that the sheriff forward to the pardons and paroles division copies of any records possessed by the sheriff that are relevant to the pardons and paroles division in its determination as to whether to transfer a person from the county jail to a secure community residential facility, and the pardons and paroles division shall request the sheriff to forward to the institutional division and to the pardons and paroles division the information relating to the defendant the sheriff would be required under Section 8, Article 42.09, Code of Criminal Procedure, to deliver to the department had the defendant been transferred to the institutional division.  The pardons and paroles division shall determine whether the information forwarded by the sheriff contains a thumbprint taken from the person in the manner provided by Article 38.33, Code of Criminal Procedure, and, if not, the pardons and paroles division shall obtain a thumbprint in the manner provided by that article, and shall forward the thumbprint to the institutional division for inclusion with the information sent by the sheriff.  The sheriff shall comply with a request from the pardons and paroles division made under this subsection.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a).  Amended by Acts 1993, 73rd Leg., ch. 988, Sec. 4.02, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 321, Sec. 1.054, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter A. Pre-Parole Transfer › Section 499.004. Rules; Supervision of Pre-Parolees

Sec. 499.004.  RULES;  SUPERVISION OF PRE-PAROLEES.  (a)  The department shall establish policies for the conduct of pre-parolees transferred under this subchapter.
(b)  On transfer, the pre-parolee is subject to supervision by the pardons and paroles division and shall obey the orders of the Board of Pardons and Paroles and the pardons and paroles division.
(c)  A facility director or designee of a facility director shall immediately report to the pardons and paroles division in writing if the director or designee believes that a pre-parolee has violated the terms of the pre-parolee's transfer agreement or the rules of the facility.  The pardons and paroles division may require an agent of the pardons and paroles division or the community residential facility to conduct a hearing.
(d)  If the pardons and paroles division has an administrative need to deliver the pre-parolee to the custody of the institutional division or if after a disciplinary hearing the pardons and paroles division concurs that a violation has occurred, the pardons and paroles division may deliver the pre-parolee to the actual custody of the institutional division and the institutional division may assign the pre-parolee to a regular unit of the institutional division.  If the pardons and paroles division recommends rescission or revision of the pre-parolee's presumptive parole date, a parole panel shall rescind or revise the date unless it determines the action is inappropriate.
(e)  Before a pre-parolee is transferred to a community residential facility under this section and before the pre-parolee is released on parole, the department may award good conduct time to the pre-parolee in the same amounts and in the same manner as the department awards good conduct time to inmates in the institutional division under Chapter 498.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 498.003 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.055, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter A. Pre-Parole Transfer › Section 499.005. Transfer to Parole Status

Sec. 499.005.  TRANSFER TO PAROLE STATUS.  (a)  If a pre-parolee transferred under this subchapter satisfactorily serves a term in a community residential facility until the pre-parolee's presumptive parole date, the Board of Pardons and Paroles may transfer the pre-parolee from pre-parole status to parole status and the Board of Pardons and Paroles may issue the pre-parolee an appropriate certificate of release to conditional freedom under Chapter 508.
(b)  A pre-parolee transferred from pre-parole status to parole status is subject to provisions concerning inmates released on parole provided under Chapter 508.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 498.004 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.13, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter A. Pre-Parole Transfer › Section 499.007. Legislative Intent

Sec. 499.007.  LEGISLATIVE INTENT.  It is the intent of the legislature that this subchapter not create an expectation of release on the part of any individual.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a).
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter B. Population Management › Section 499.021. Definitions

Sec. 499.021.  DEFINITIONS.  In this subchapter:
(1)  "Capacity" means the greatest density of inmates in relation to space available for inmate housing in the institutional division that is in compliance with standards for prison population established by the board.
(2)  "Intensive supervision parole" means a parole supervision program established by the department under Section 508.317.
(3)  "Objective parole criteria" means criminal and social history variables that have been shown statistically to be reliable indicators of the probability of favorable outcome on release.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 498.021 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.14, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter B. Population Management › Section 499.022. Purpose

Sec. 499.022.  PURPOSE.  (a)  The purpose of this subchapter is to:
(1)  allow the institutional division the flexibility to house inmates in appropriate settings and determine the proper amount of available housing;  and
(2)  provide the executive branch with alternatives to appropriately balance population, consistent with the intent of this subchapter, if the population of the division reaches 95 percent of capacity or if a backlog of convicted felons exists in the county jails in this state, as determined by this subchapter.
(b)  The flexibility provided by this subchapter shall be exercised in a manner consistent with sound correctional practices, applicable federal law, and state law and policy.
(c)  This subchapter does not:
(1)  create a right on the part of an inmate confined in the institutional division to serve the inmate's sentence in a department with a population below 95 percent of capacity, as determined by this subchapter;
(2)  grant to an inmate the right to be released or to be considered for release if the inmate population of the division reaches 95 percent of capacity as determined under this subchapter;
(3)  require a population level below 95 percent of capacity as determined by this subchapter;  or
(4)  require the board or the Board of Pardons and Paroles to take an action under this subchapter because a backlog of convicted felons exists in the county jails in this state.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 498.022 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 17.01, eff. Oct. 1, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter B. Population Management › Section 499.023. Inapplicability

Sec. 499.023.  INAPPLICABILITY.  This subchapter does not apply to emergency overcrowding if the situation is the direct result of the destruction of institutional division facilities by a natural or man-made disaster.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 499.023 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter B. Population Management › Section 499.024. Calculation of Available Space

Sec. 499.024.  CALCULATION OF AVAILABLE SPACE.  Temporary housing may not be considered for the purpose of computation of space available for inmate housing.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 498.024 by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter B. Population Management › Section 499.026. Release Procedure

Sec. 499.026.  RELEASE PROCEDURE.  (a)  If a parole panel releases an inmate under this subchapter, the panel shall impose conditions and limitations as appropriate on the parolee and to the extent practicable shall maximize placements in residential treatment centers.  The parole panel shall otherwise place a parolee released under this subchapter under intensive supervision parole, whether or not the parolee is of a type who would ordinarily be required to submit to intensive supervision parole.
(b)  The authority of the board to take the actions listed in Section 499.025(b) continues until the attorney general, or if appropriate, the Commission on Jail Standards, certifies in writing to the board that the overcrowding crisis that produced the emergency certification under Section 499.025(b) has been resolved.  If the board receives this certification from the attorney general or the Commission on Jail Standards under this subsection, the board shall immediately notify the pardons and paroles division that the emergency overcrowding situation no longer exists.
(c)  An inmate released to parole under this subchapter is subject to terms and conditions imposed on parolees released under Chapter 508.
(d)  Not later than the 10th day before the date on which a parole panel proposes to release an inmate under this subchapter, the department shall give notice of the proposed release to the sheriff, the attorney representing the state, and the district judge of the county in which the defendant was convicted.  If there was a change of venue in the case, the department shall also notify the sheriff, the attorney representing the state, and the district judge of the county in which the prosecution was originated. Any notice required by this subsection must be provided by e-mail or other electronic communication.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Renumbered from Sec. 498.026 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991.  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 17.02, eff. Oct. 1, 1991;  Acts 1995, 74th Leg., ch. 321, Sec. 1.056, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 12.15, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1123 (H.B. 200), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 499 - Population Management; Special Programs › Subchapter C. Miscellaneous Programs › Section 499.051. Notification of Release of Gang Member

Sec. 499.051.  NOTIFICATION OF RELEASE OF GANG MEMBER.  (a)  On the release of an inmate determined by the department to be a member of a security threat group, the department shall notify the sheriff of the county to which the inmate is released and, if the inmate is released to a municipality, the chief of police for that municipality.  The notice must state the date on which the inmate was released and state that the inmate has been determined by the department to be a member of a security threat group.  The notice must be provided by e-mail or other electronic communication.
(b)  If the department is required by Section 508.115 to notify a sheriff before the release of the inmate, the department shall include the information described by Subsection (a) with the notice provided under Section 508.115.
Added by Acts 1999, 76th Leg., ch. 1287, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1123 (H.B. 200), Sec. 4, eff. September 1, 2011.