CHAPTER 498. INMATE CLASSIFICATION AND GOOD TIME
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE G. CORRECTIONS
CHAPTER 498. INMATE CLASSIFICATION AND GOOD TIME
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.
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 or a transfer
facility 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 or a transfer
facility 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.
Sec. 498.003. ACCRUAL OF GOOD CONDUCT TIME. (a) Good conduct
time applies only to eligibility for parole or mandatory
supervision as provided by Section 508.145 or 508.147 and does
not otherwise affect an inmate's term. Good conduct time is a
privilege and not a right. Regardless of the classification of an
inmate, the department may grant good conduct time to the inmate
only if the department finds that the inmate is actively engaged
in an agricultural, vocational, or educational endeavor, in an
industrial program or other work program, or in a treatment
program, unless the department finds that the inmate is not
capable of participating in such a program or endeavor.
(b) An inmate accrues good conduct time according to the
inmate's classification in amounts as follows:
(1) 20 days for each 30 days actually served while the inmate is
classified as a trusty, except that the department may award the
inmate not more than 10 extra days for each 30 days actually
served;
(2) 20 days for each 30 days actually served while the inmate is
classified as a Class I inmate; and
(3) 10 days for each 30 days actually served while the inmate is
classified as a Class II inmate.
(c) An inmate may not accrue good conduct time during any period
the inmate is classified as a Class III inmate or is on parole or
under mandatory supervision.
(d) An inmate may accrue good conduct time, in an amount
determined by the department that does not exceed 15 days for
each 30 days actually served, for diligent participation in an
industrial program or other work program or for participation in
an agricultural, educational, or vocational program provided to
inmates by the department. For the purposes of this subsection,
the term "participation in an educational program" includes the
participation of the inmate as a tutor or a pupil in a literacy
program authorized by Section 501.005. The department may not
award good conduct time under this subsection for participation
in a literacy program unless the department determines that the
inmate participated in good faith and with diligence as a tutor
or pupil.
(e) If a person is confined in a county jail, the department
shall award good conduct time to the person up to an amount equal
to the amount earned by an inmate in the entry level time earning
class. The department shall award good conduct time to a
defendant for diligent participation in a voluntary work program
operated by a sheriff under Article 43.101, Code of Criminal
Procedure, in the same manner as if the inmate had diligently
participated in an industrial program or other work program
provided to inmates by the department. The sheriff of each county
shall have attached a certification of the number of days each
inmate diligently participated in the volunteer work program
operated by the sheriff under Article 43.101, Code of Criminal
Procedure.
(f) Repealed by Acts 1999, 76th Leg., ch. 1188, Sec. 1.37(b),
eff. Sept. 1, 1999.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 497.003 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1993, 73rd Leg., ch. 86, Sec. 2, eff. Aug. 30, 1993; Acts 1993,
73rd Leg., ch. 988, Sec. 1.05, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 249, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th
Leg., ch. 321, Sec. 1.048, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 165, Sec. 12.11, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1430, Sec. 7, eff. Sept. 1, Acts 1999, 76th Leg., ch.
1188, Sec. 1.37(a), (b), eff. Sept. 1, 1999.
Sec. 498.004. FORFEITURE AND RESTORATION OF GOOD CONDUCT TIME.
(a) If, during the actual term of imprisonment of an inmate in
the department or in a transfer facility, the inmate commits an
offense or violates a rule of the department, the department may
forfeit all or any part of the inmate's accrued good conduct time
or, in accordance with the policy adopted under Subsection (c),
place all or any part of the inmate's accrued good conduct time
in suspension. The department may not restore good conduct time
forfeited under this subsection but may reinstate good conduct
time suspended under this subsection.
Text of subsection as amended by Acts 1995, 74th Leg., ch. 249,
Sec. 4
(b) On the revocation of parole or mandatory supervision of an
inmate, the inmate forfeits all good conduct time previously
accrued. On return to the institutional division the inmate may
accrue new good conduct time for subsequent time served in the
division. The department may not restore good conduct time
forfeited on a revocation.
Text of subsection as amended by Acts 1995, 74th Leg., ch. 321,
Sec. 1.049
(b) On the revocation of parole or mandatory supervision of an
inmate, the inmate forfeits all good conduct time previously
accrued. On return to the institutional division the inmate may
accrue new good conduct time for subsequent time served in the
division. The department may restore good conduct time forfeited
on a revocation that does not involve a new criminal conviction
after the inmate has served at least three months of good
behavior in the institutional division, subject to policies
established by the division.
(c) The department shall establish a policy regarding the
suspension of good conduct time under Subsection (a). The policy
must provide that:
(1) the department will consider the severity of an inmate's
offense or violation in determining whether to suspend all or
part of the inmate's good conduct time instead of forfeiting the
inmate's good conduct time;
(2) during any period of suspension, good conduct time placed in
suspension may not be used:
(A) for purposes of granting privileges to an inmate; or
(B) to compute an inmate's eligibility for parole under Section
508.145 or to determine an inmate's date of release to mandatory
supervision under Section 508.147;
(3) at the conclusion of any period of suspension, the
department may forfeit or reinstate the good conduct time placed
in suspension based on the inmate's conduct during the period of
the suspension; and
(4) in determining whether to forfeit or reinstate good conduct
time placed in suspension, the department must consider whether
any impact to public safety is likely to result from the inmate's
release on parole or to mandatory supervision if the good conduct
time is reinstated.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 497.004 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. 4, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 321, Sec. 1.049, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1251, Sec. 1, eff. September 1, 2009.
Sec. 498.0042. FORFEITURE FOR CONTACTING VICTIMS. (a) The
department shall adopt policies that prohibit an inmate in the
institutional division or in a transfer facility 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 or a transfer facility, the inmate
violates a policy adopted under Subsection (a), 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.
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, Sec. 1, eff. September 1, 2005.
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.