CHAPTER 499. POPULATION MANAGEMENT; SPECIAL PROGRAMS
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE G. CORRECTIONS
CHAPTER 499. POPULATION MANAGEMENT; SPECIAL PROGRAMS
SUBCHAPTER A. PRE-PAROLE TRANSFER
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.
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.
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.
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.
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.
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.
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).
SUBCHAPTER B. POPULATION MANAGEMENT
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.
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.
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.
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.
Sec. 499.025. AWARD OF ADMINISTRATIVE GOOD CONDUCT TIME;
ADVANCEMENT OF PAROLE ELIGIBILITY DATE. (a) If the inmate
population of the institutional division reaches 99 percent or
more of capacity, the director shall immediately notify the
executive director and the board in writing of that fact. Until
the inmate population is reduced to less than 99 percent of
capacity, the director shall make a weekly written report to the
executive director and the board stating the extent to which the
inmate population is less than, equal to, or in excess of
capacity.
(b) If the inmate population of the institutional division
reaches 100 percent of capacity or, if the attorney general has
authorized an increase in the permissible percentage of capacity
under Section 499.109, the inmate population reaches that
increased permissible percentage, the director shall immediately
notify the executive director, the board, and the attorney
general in writing of that fact. The attorney general shall
certify to the board in writing as to whether the institutional
division has reached 100 percent of capacity or, if applicable,
the increased permissible percentage. If the attorney general
certifies that 100 percent of capacity has been reached or, if
applicable, that the increased permissible percentage has been
reached, the board shall immediately certify that an emergency
overcrowding situation exists and direct the Board of Pardons and
Paroles to proceed in the manner described by Subsection (c). If
the Commission on Jail Standards determines that in any county
jail in this state there exists an inmate awaiting transfer to
the institutional division following conviction of a felony or
revocation of probation, parole, or release on mandatory
supervision and for whom all paperwork and processing required
for transfer have been completed for not less than 45 days, the
board may direct the Board of Pardons and Paroles to proceed in
the manner described by Subsection (c).
(c) If the Board of Pardons and Paroles receives a directive
from the board under Subsection (b), the Board of Pardons and
Paroles acting in parole panels, shall immediately begin to
review and consider for early release to intensive supervision
parole each eligible inmate who would not at the time of review
otherwise be eligible for parole. The board may impose additional
criteria for determining which inmates are eligible for release
under this subsection. A parole panel may not release an inmate
under this subsection if the panel determines that the release of
the inmate will increase the likelihood of harm to the public,
according to objective parole criteria.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 498.025 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1991, 72nd Leg., ch. 655, Sec. 1, eff. June 16, 1991; Acts 1991,
72nd Leg., 2nd C.S., ch. 10, Sec. 17.02, eff. Oct. 1, 1991; Acts
1993, 73rd Leg., ch. 107, Sec. 4.10, eff. Aug. 30, 1993; Acts
1995, 74th Leg., ch. 318, Sec. 71(a), eff. Sept. 1, 1997.
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.
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.
Sec. 499.027. ELIGIBLE INMATES. (a) Except as provided by
Subsection (b) and subject to the conditions imposed by this
subchapter, an inmate is eligible under this subchapter to be
considered for release to intensive supervision parole if the
inmate is awaiting transfer to the institutional division
following conviction of a felony or probation revocation and for
whom paperwork and processing required for transfer have been
completed or is classified as a state approved Trusty I, II, III,
or IV, and:
(1) is serving a sentence of 10 years or less;
(2) does not have a history of or has not shown a pattern of
violent or assaultive behavior in the institutional division or
county jail or prior to confinement; and
(3) will not increase the likelihood of harm to the public if
released, according to objective parole criteria as determined by
a parole panel.
(b) An inmate is not eligible under this subchapter to be
considered for release to intensive supervision parole if:
(1) the inmate is awaiting transfer to the institutional
division, or serving a sentence, for an offense for which the
judgment contains an affirmative finding under Section 3g(a)(2),
Article 42.12, Code of Criminal Procedure;
(2) the inmate is awaiting transfer to the institutional
division, or serving a sentence, for an offense listed in one of
the following sections of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 20.03 (kidnapping);
(E) Section 20.04 (aggravated kidnapping);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child or an elderly individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 25.08 (sale or purchase of a child);
(M) Section 28.02 (arson);
(N) Section 29.02 (robbery);
(O) Section 29.03 (aggravated robbery);
(P) Section 30.02 (burglary), if the offense is punished as a
first-degree felony under that section;
(Q) Section 43.04 (aggravated promotion of prostitution);
(R) Section 43.05 (compelling prostitution);
(S) Section 43.24 (sale, distribution, or display of harmful
material to minor);
(T) Section 43.25 (sexual performance by a child);
(U) Section 46.10 (deadly weapon in penal institution);
(V) Section 15.01 (criminal attempt), if the offense attempted
is listed in this subsection;
(W) Section 15.02 (criminal conspiracy), if the offense that is
the subject of the conspiracy is listed in this subsection;
(X) Section 15.03 (criminal solicitation), if the offense
solicited is listed in this subsection; or
(Y) Section 21.02 (continuous sexual abuse of young child or
children); or
(3) the inmate is awaiting transfer to the institutional
division, or serving a sentence, for an offense under Chapter
481, Health and Safety Code, punishable by a minimum term of
imprisonment or a maximum fine that is greater than the minimum
term of imprisonment or the maximum fine for a first degree
felony.
(c) The department shall provide each county with necessary
assistance to enable the county to identify inmates confined in
the county jail who may be eligible under this subchapter to be
considered for release.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 498.027 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. 1.057, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
593, Sec. 3.36, eff. September 1, 2007.
Sec. 499.028. FACILITIES EXPANSION AND IMPROVEMENT REPORT. The
department shall submit a facilities expansion and improvement
report to the governor and the Legislative Budget Board not less
than once every 60 days. The report must describe all
construction projects that will result in the addition or removal
of beds from department capacity, the projected completion dates
for each project, and the number of beds that will be added to or
removed from capacity on completion of the construction projects.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 498.028 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. 1.058, eff. Sept. 1, 1995.
SUBCHAPTER C. MISCELLANEOUS PROGRAMS
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.
(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.
Sec. 499.052. STATE BOOT CAMP PROGRAM. (a) The institutional
division shall establish a program to confine persons who are
required to serve not more than 180 days in the institutional
division as a condition of a sentence imposed under Section 8,
Article 42.12, Code of Criminal Procedure. The institutional
division may limit the number of persons participating in the
program.
(b) A person participating in a program under this section is
not required to undergo the complete reception and diagnostic
process required of other inmates, but the institutional division
may require the person to undergo those diagnostic processes
determined by the division to be necessary.
(c) The institutional division shall require a person
participating in a program under this section to participate in
strenuous labor, and the division shall conduct programs to
educate the person as to the conditions under which inmates in
the division live.
(d) The institutional division shall adopt rules of conduct for
persons participating in the program under this section. If the
institutional division determines that a person is not complying
with the rules or is medically or psychologically unsuitable for
the program, the division shall end the person's participation in
the program and request the sentencing court to reassume custody
of the person. If the court does not reassume custody and remove
the person from the institutional division before the 12th day
after the date the division notifies the court, the division
shall transfer the person from the program to any unit within the
division for the duration of the person's sentence or until
further order of the court, provided the order is entered before
the expiration of the 180 days from the date the execution of
sentence actually begins. If on the 181st day after a person
begins participation in the program the court has not suspended
the imposition of the person's sentence of confinement, the
institutional division shall transfer the person from the program
to any unit within the division.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 498.052 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1991, 72nd Leg., ch. 343, Sec. 2, eff. Aug. 26, 1991; Acts 1991,
72nd Leg., 2nd C.S., ch. 10, Sec. 20.01, eff. Oct. 1, 1991; Acts
1993, 73rd Leg., ch. 988, Sec. 4.03, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 321, Sec. 1.059, eff. Sept. 1, 1995; Acts
2003, 78th Leg., ch. 239, Sec. 2, eff. Sept. 1, 2003.
Sec. 499.053. TRANSFERS FROM TEXAS YOUTH COMMISSION. (a) The
institutional division shall accept persons transferred to the
division from the Texas Youth Commission under Section 61.084,
Human Resources Code.
(b) A person transferred to the institutional division from the
Texas Youth Commission is entitled to credit on the person's
sentence for the time served in the custody of the youth
commission.
(c) All laws relating to good conduct time and eligibility for
release on parole or mandatory supervision apply to a person
transferred to the institutional division by the youth commission
as if the time the person was detained in a detention facility
and the time the person served in the custody of the youth
commission was time served in the custody of the division.
(d) A person transferred from the Texas Youth Commission for the
offense of capital murder shall become eligible for parole as
provided in Section 508.145(d) for an offense listed in Section
3g, Article 42.12, Code of Criminal Procedure, or an offense for
which a deadly weapon finding has been made.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1,
1989. Renumbered from Sec. 498.053 and amended by Acts 1991, 72nd
Leg., ch. 16, Sec. 10.01(a), eff. Aug. 26, 1991. Amended by Acts
1993, 73rd Leg., ch. 799, Sec. 2, eff. June 18, 1993; Acts 2001,
77th Leg., ch. 1297, Sec. 57, eff. Sept. 1, 2001.
Sec. 499.054. SEX OFFENDER TREATMENT PROGRAM. (a) In this
section, "sex offender treatment program" means a comprehensive
treatment program that:
(1) psychologically evaluates inmates who are serving a sentence
for an offense described by Section 12.42(c)(2), Penal Code;
(2) addresses the motivation and psychosocial education of
inmates described by Subdivision (1); and
(3) provides relapse prevention training for inmates described
by Subdivision (1), including interruption of cognitive and
behavioral patterns that have led the inmate to commit criminal
offenses.
(b) The department shall establish a sex offender treatment
program to treat inmates who are serving sentences for offenses
punishable under Section 21.02(h) or 22.021(f), Penal Code. The
department shall require an inmate described by this subsection
to participate in and complete the sex offender treatment program
before being released from the department.
(c) The department may establish a sex offender treatment
program to treat inmates other than those inmates described by
Subsection (b).
Added by Acts 2007, 80th Leg., R.S., Ch.
593, Sec. 1.09, eff. September 1, 2007.
SUBCHAPTER D. ALLOCATION FORMULAS
Sec. 499.071. SCHEDULED ADMISSIONS POLICY. The board shall
adopt and enforce a scheduled admissions policy that permits the
institutional division to accept inmates within 45 days of
processing as required by Section 499.121(c).
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 10.01(a). Amended by
Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.01, eff. Dec. 1,
1991; Acts 1993, 73rd Leg., ch. 988, Sec. 4.05, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 321, Sec. 1.060, eff. June 7,
1995.
Sec. 499.072. LOCATION OF CENTRAL PRISON UNIT. (a) The
department shall conduct a feasibility study of relocating the
Central Prison Unit and the adjoining prison housing units from
their current location in Sugar Land, Texas, to a location that
more appropriately addresses the needs of the correctional
system.
(b) If relocation is determined to be in the best interest of
the correctional system and the City of Sugar Land, during the
course of the study the department shall examine:
(1) the costs and benefits of relocating the Central Prison Unit
and the adjoining prison housing units;
(2) appropriate measures to ensure that adequate easements are
granted to allow development of surrounding property; and
(3) an anticipated timeline for the relocation.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 22, eff. June 15, 2007.
SUBCHAPTER E. UNIT AND SYSTEM CAPACITY
Sec. 499.101. EXISTING UNITS. (a) The maximum capacities for
the units in the institutional division are as follows:
Beto I
3,000
Beto II
888
Boyd
1,012
Briscoe
1,012
Central
720
Clemens
851
Clements
2,200
Coffield
3,000
Daniel
1,012
Darrington
1,610
Diagnostic
1,365
Eastham
2,050
Ellis I
1,900
Ellis II
2,260
Ferguson
2,100
Gatesville
1,571
Goree
1,058
Hightower
1,012
Hilltop
761
Hobby
1,012
Hughes
2,264
Huntsville
1,705
Jester I
323
Jester II
378
Jester III
908
Lewis
1,012
McConnell
2,264
Michael
2,264
Mountain View
718
Pack I
864
Pack II
1,088
Panpa
1,012
Ramsey I
1,400
Ramsey II
850
Ramsey III
1,000
Retrieve
770
Roach
1,012
Robertson
2,264
Smith
1,012
Stiles
2,264
Terrell
2,264
Torres
1,012
Wynne
2,300
(b) It is the intent of the legislature that as case law evolves
and indicates that maximum capacities established under
Subsection (a) may be increased, the staff of the institutional
division shall use the procedures established by this subchapter
to increase those capacities. There shall be no cause of action
against the institutional division for failure to take action
under this subsection.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16,
1991.
Sec. 499.102. STAFF DETERMINATIONS AND RECOMMENDATIONS. (a)
The staff of the institutional division, on its own initiative or
as directed by the governor or the board, may recommend to the
administration of the institutional division that the maximum
capacity established under Section 499.101 for a unit be
increased if the staff determines through written findings that
the division can increase the maximum capacity and provide:
(1) proper inmate classification and housing within the unit
that is consistent with the classification system;
(2) housing flexibility to allow necessary repairs and routine
and preventive maintenance to be performed without compromising
the classification system;
(3) adequate space in dayrooms;
(4) all meals within a reasonable time, allowing each inmate a
reasonable time within which to eat;
(5) operable hygiene facilities that ensure the availability of
a sufficient number of fixtures to serve the inmate population;
(6) adequate laundry services;
(7) sufficient staff to:
(A) meet operational and security needs;
(B) meet health care needs, including the needs of inmates
requiring psychiatric care, mentally retarded inmates, and
physically handicapped inmates;
(C) provide a safe environment for inmates and staff; and
(D) provide adequate internal affairs investigation and review;
(8) medical, dental, and psychiatric care adequate to ensure:
(A) minimal delays in delivery of service from the time sick
call requests are made until the service is performed;
(B) access to regional medical facilities;
(C) access to the institutional division hospital at Galveston
or contract facilities performing the same services;
(D) access to specialty clinics; and
(E) a sufficient number of psychiatric inpatient beds and
sheltered beds for mentally retarded inmates;
(9) a fair disciplinary system that ensures due process and is
adequate to ensure safety and order in the unit;
(10) work, vocational, academic, and on-the-job training
programs that afford all eligible inmates with an opportunity to
learn job skills or work habits that can be applied on release,
appropriately staffed and of sufficient quality;
(11) a sufficient number and quality of nonprogrammatic and
recreational activities for all eligible inmates who choose to
participate;
(12) adequate assistance from persons trained in the law or a
law library with a collection containing necessary materials and
space adequate for inmates to use the law library for study
related to legal matters;
(13) adequate space and staffing to permit contact and
noncontact visitation of all eligible inmates;
(14) adequate maintenance programs to repair and prevent
breakdowns caused by increased use of facilities and fixtures;
and
(15) space and staff sufficient to provide all the services and
facilities required by this section.
(b) The staff of the institutional division shall request of the
Legislative Budget Board an estimate of the initial cost of
implementing the increase in capacity and the increase in
operating costs of the unit for the five years immediately
following the increase in capacity. The Legislative Budget Board
shall provide the staff with the estimates, and the staff shall
attach a copy of the estimates to the recommendations.
(c) The staff of the institutional division may not take more
than 90 days from the date the process is initiated to make
recommendations on an increase in the maximum capacity for a unit
under this section.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16,
1991. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.061, eff.
Sept. 1, 1995.
Sec. 499.103. NOTICE TO INMATES. (a) The director of the
institutional division shall prominently display in areas
accessible to inmates housed in a unit for which the staff has
recommended an increase in capacity copies of the recommendation
and findings accompanying the recommendation.
(b) The board shall establish a process by which inmates may
comment on the recommendations and ensure that a written summary
of inmate comments is available to each individual or entity that
makes a determination under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16,
1991.
Sec. 499.104. OFFICERS' REVIEW AND RECOMMENDATION. The
executive director of the department, the director of the
institutional division, the deputy director for operations, the
deputy director for finance, the deputy director for health
services, and the assistant director for classification and
treatment shall independently review staff recommendations for an
increase in the maximum capacity of a unit and the written
findings accompanying the recommendation. Not later than the 30th
day after the date of accepting the comments of the other
officers, if the executive director agrees that the new maximum
capacity for the unit is supported by the findings, the executive
director shall forward the recommendation and findings to the
board.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16,
1991.
Sec. 499.105. BOARD REVIEW AND RECOMMENDATION. The board shall
review the recommendation and findings forwarded to the board
under Section 499.104. Not later than the 60th day after the date
the board receives the recommendation and findings, the board
shall reject the recommendation or accept or modify the
recommendation and forward the recommendation or modified
recommendation and findings to the governor. The board may not
modify the recommendation by increasing the maximum capacity
specified in the recommendation.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16,
1991.
Sec. 499.106. GOVERNOR'S REVIEW AND RECOMMENDATION. The
governor shall review the recommendation and findings forwarded
to the governor under Section 499.105. The governor shall
determine whether population pressures otherwise making an
increase in maximum capacity necessary may instead be ameliorated
by other measures, including the use of community corrections
programs. Not later than the 30th day after the date the governor
receives the recommendation and findings, the governor shall
reject the recommendation or accept the recommendation and
forward the recommendation and findings to the attorney general.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16,
1991.
Sec. 499.107. ATTORNEY GENERAL REVIEW; BOARD DECISION. (a) The
attorney general shall review the recommendation and findings
forwarded to the attorney general under Section 499.106 to
determine whether the institutional division may confine the
number of inmates permitted under the recommended new maximum
capacity and be in compliance with state and federal law. In
conducting the review under this section, the attorney general
may request additional information from the institutional
division and conduct on-site inspections of the institutional
division. Not later than the 30th day after the date the attorney
general receives the recommendation and findings, the attorney
general shall approve or disapprove the recommendations and
findings. If the attorney general approves the recommendations
and findings, the attorney general shall notify the board of the
approval, and on receiving the approval the board may establish a
new maximum capacity for the unit. The attorney general may make
the approval conditional and subject to further monitoring by the
attorney general. The maximum capacity of a unit may not be
increased if the attorney general determines that the increase
would violate state or federal law.
(b) The institutional division may request that the board
increase or decrease the new maximum capacity of a unit, but the
board may not increase the new maximum capacity without following
all procedures required by Sections 499.102-499.106 and by
Subsection (a), and except as provided by Subsection (c) may not
decrease the new maximum capacity without following the
procedures required by Sections 499.103-499.106.
(c) The board may decrease a new maximum capacity without
following the procedures listed in Subsection (b) only for the
purposes of allowing single-celling flexibility or to repair
minor structural deficiencies, provided that the decrease does
not continue in effect for longer than 60 days.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16,
1991.
Sec. 499.108. CAPACITY FOR NEW UNITS. (a) Before construction
begins on a unit of the institutional division for which
construction was not approved before January 1, 1991, the board
shall establish a maximum capacity for the unit.
(b) Maximum capacity for a unit must be established under this
section in the same manner as maximum capacity for a unit is
increased under Sections 499.102, 499.104, 499.105, 499.106, and
499.107, except that time limits on official actions imposed by
those sections do not apply.
(c) This section does not apply to a 2,250-bed (Michael-type)
unit or a 1,012-bed (Daniel-type) unit, approved on or after
January 1, 1991, unless the design for the unit is significantly
altered or space in the unit is reduced.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16,
1991.
Sec. 499.109. SYSTEM CAPACITY. (a) The inmate population of
the institutional division may not exceed 100 percent of the
combined capacities of each unit in the division, as determined
by this subchapter.
(b) The attorney general may authorize the institutional
division to increase the inmate population of the division above
100 percent, but only if:
(1) the staff determines through written findings that the
population may be increased without limiting the ability of the
division to transfer inmates between units as necessary for
classification, medical, and security purposes; and
(2) the administration of the department, the board, and the
governor approve of the increase, in the same manner as increases
in capacity of individual units are approved under Sections
499.104, 499.105, and 499.106.
(c) If the attorney general authorizes the institutional
division to increase the inmate population of the division above
100 percent, the institutional division shall distribute the
additional admissions permitted by the increase among counties or
groups of counties in the same manner as regular admissions are
distributed under the allocation formula.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16,
1991. Amended by Acts 1995, 74th Leg., ch. 318, Sec. 71, eff.
Sept. 1, 1997.
Sec. 499.110. ADMINISTRATIVE PROCEDURE ACT. Subchapter B,
Chapter 2001, applies to all reviews, recommendations, and
decisions made under Sections 499.102-499.109.
Added by Acts 1991, 72nd Leg., ch. 655, Sec. 2, eff. June 16,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50),
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 321, Sec. 1.062,
eff. Sept. 1, 1995.
SUBCHAPTER F. PROCEDURES FOR REDUCING COUNTY JAIL BACKLOG
Sec. 499.121. LEGISLATIVE DECLARATION; MANDAMUS. (a) The
legislature declares that until September 1, 1995, the
institutional division shall continue to perform its duty to
accept inmates only as provided by the allocation formula
established under Section 499.071.
(b) The legislature declares that until September 1, 1995, a
county shall continue to perform its duty to confine and maintain
under suitable conditions and at the county's own expense each
inmate eligible for transfer from the county to the institutional
division, until the date the inmate is actually accepted into
custody by the institutional division. This subsection does not
take effect if the County of Nueces et al. v. Texas Board of
Corrections et al., in the 250th Judicial District Court of
Travis County, Texas, Cause No. 452,071 and Harris County, Texas
v. the State of Texas, et al., in the 126th District Court of
Travis County, Texas, Cause No. 475,468 are settled by written
agreement on or before the 31st day after the effective date of
this article.
(c) The legislature declares that on and after September 1,
1995, the institutional division has a duty to accept, not later
than the 45th day after the date on which all processing required
for transfer has been completed, each inmate confined in a county
jail while under an order of commitment to the institutional
division.
(d) The duties provided by this subchapter may be enforced by an
action in mandamus.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff.
Aug. 29, 1991.
Sec. 499.122. INMATE COUNT. The Commission on Jail Standards
shall analyze monthly the population of each jail in this state
that is the jail for a qualifying county and determine the number
of inmates confined in the jail who are awaiting transfer to the
institutional division following conviction of a felony or
revocation of probation, parole, or release on mandatory
supervision and for whom all paperwork and processing required
under Section 8(a), Article 42.09, Code of Criminal Procedure,
for transfer have been completed. The commission may not consider
in determining the population of the jail under this section any
inmate who is in the jail after having been transferred from
another jail and for whom the commission has made payment under
this subchapter.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff.
Aug. 29, 1991.
Sec. 499.123. PAYMENT. (a) Not later than the 32nd day after
the effective date of this subchapter, the Commission on Jail
Standards shall determine for each jail in this state that is the
jail for a qualifying county the number of inmates confined in
the jail on April 1, 1991, who were awaiting transfer to the
institutional division following conviction of a felony or
revocation of probation, parole, or release on mandatory
supervision and for whom paperwork and processing required under
Section 8(a), Article 42.09, Code of Criminal Procedure, for
transfer had been completed on that date.
(b) A qualifying county is entitled to payment from the
Commission on Jail Standards as compensation to the county for
confining the number of inmates determined as ready for transfer
under Subsection (a) at an amount per inmate to be determined by
dividing into $11.5 million the total number of inmates in jails
that are the jails for qualifying counties under Subsection (a)
confined by qualifying counties. The commission shall make the
payment under this subsection on or before January 15, 1992.
(c) Not later than September 10, 1993, the Commission on Jail
Standards shall determine for each jail in this state that is the
jail for a qualifying county the number of inmates confined in
the jail on September 1, 1993, who were awaiting transfer to the
institutional division following conviction of a felony or
revocation of probation, parole, or release on mandatory
supervision and for whom paperwork and processing required under
Section 8(a), Article 42.09, Code of Criminal Procedure, for
transfer had been completed, as determined under Section 499.122,
on that date.
(d) A qualifying county is entitled to payment from the
Commission on Jail Standards as compensation to the county for
confining the number of inmates determined as ready for transfer
under Subsection (c) at an amount per inmate to be determined by
dividing the total number of inmates in county jails that are the
jails for qualifying counties under Subsection (c) confined by
qualifying counties into $11.5 million. The commission shall make
the payment under this subsection on or before January 15, 1994.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff.
Aug. 29, 1991.
Sec. 499.124. EMERGENCY OVERCROWDING RELIEF. (a) From the
effective date of this subchapter until August 31, 1993, for each
month in which the number of inmates confined in a jail that is
the jail for a qualifying county who are awaiting transfer to the
institutional division following conviction of a felony or
revocation of probation, parole, or release on mandatory
supervision and for whom paperwork and processing required under
Section 8(a), Article 42.09, Code of Criminal Procedure, for
transfer have been completed, as determined under Section
499.122, is greater than 50 percent of the number of such inmates
confined in the jail on April 1, 1991, as determined under
Section 499.123, the Commission on Jail Standards shall pay to a
qualifying county for each inmate in excess of 50 percent but
less than or equal to 210 percent of the April 1, 1991, number
for each day of confinement the sum of $20, and for each inmate
in excess of 210 percent of the April 1, 1991, number for each
day of confinement the sum of $30.
(b) From September 1, 1993, until September 1, 1995, for each
month in which the number of inmates confined in a jail that is
the jail for a qualifying county who are awaiting transfer to the
institutional division following conviction of a felony or
revocation of probation, parole, or release on mandatory
supervision and for whom paperwork and processing required under
Section 8(a), Article 42.09, Code of Criminal Procedure, for
transfer have been completed, as determined under Section
499.122, is greater than 25 percent of the number of such inmates
confined in the jail on April 1, 1991, as determined under
Section 499.123, the Commission on Jail Standards shall pay to a
qualifying county for each inmate in excess of 25 percent but
less than or equal to 210 percent of the April 1, 1991, number
for each day of confinement the sum of $20, and for each inmate
in excess of 210 percent of the April 1, 1991, number for each
day of confinement the sum of $30.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff.
Aug. 29, 1991.
Sec. 499.125. TRANSFER OF FELONY BACKLOG. (a) If a state or
federal court determines that conditions in a county jail are
unconstitutional, and if on or after October 1, 1991, the
percentage of inmates in the jail awaiting transfer to the
institutional division is 20 percent or more of the total number
of inmates in the jail, the commission shall transfer inmates
from the jail to an appropriate jail, detention center, work
camp, or correctional facility, but only to the extent necessary
to bring the county into compliance with court orders or to
reduce the percentage of inmates in the jail awaiting transfer to
the institutional division to less than 20 percent of the total
number of inmates in the jail.
(b) The Commission on Jail Standards is liable to counties for
payment of the costs of transportation for and maintenance of
transferred inmates. Costs paid to a county shall be paid into
the treasury of the county operating the facility receiving the
inmates. The costs for maintenance of an inmate for which the
commission is liable under this section are:
(1) the actual costs, as determined by the agreement between the
board and the officer or governing body authorized by law to
enter into contracts, but only if Harris County, Texas v. the
State of Texas, et al. in the 126th District Court of Travis
County, Texas, Cause No. 475,468 is settled by written agreement
on or before the 31st day after the effective date of this
subchapter; or
(2) if the suit described by Subdivision (1) of this subsection
is not settled within the period specified by the subdivision,
for each inmate for each day the first $20 of actual costs and
one-half of costs that are in excess of $20, with the
transferring county liable to the operators of the receiving
facility for all costs not paid by the state.
(c) If the board determines that a county is not reasonably
utilizing its available certified jail beds, the payments
authorized by this section shall be withheld to the extent
necessary to equal the cost of the unutilized beds.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff.
Aug. 29, 1991.
Sec. 499.126. DEFINITION. (a) In this subchapter, "qualifying
county" means a county that:
(1) on or after the effective date of this subchapter does not
initiate or become a party to a suit against the state or a state
agency or state official, the subject of which is the
reimbursement of the county for the confinement of inmates in the
county jail who are awaiting transfer to the institutional
division following conviction of a felony or revocation of
probation, parole, or release on mandatory supervision; and
(2) if, before the effective date of this subchapter, it was a
party to a suit in state court described by Subdivision (1), has
before the 31st day after the effective date of this subchapter:
(A) had the county's suit vacated and dismissed by the court;
(B) had the county's suit abated by the court, by entry of an
abatement order that specifically provides that:
(i) the suit may not be reactivated except before September 1,
1997, and except on a finding by the court that the state has
substantially failed to perform a duty imposed under this
subchapter;
(ii) the county is barred from any claim for reimbursement for
the cost of confining inmates on and after the effective date of
this subchapter and until September 1, 1995, other than
reimbursement specified in this subchapter; and
(iii) if the suit is not reactivated before September 1, 1997,
the court shall vacate and dismiss the suit on that date; or
(C) had the county's suit settled by written agreement.
(b) For the purposes of this section, a court retains
jurisdiction over a case in which the court has entered an
abatement order during the period in which the case is abated.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.02, eff.
Aug. 29, 1991.
SUBCHAPTER G. TRANSFER FACILITIES
Sec. 499.151. AUTHORITY TO OPERATE OR CONTRACT FOR TRANSFER
FACILITIES. (a) The institutional division may operate,
maintain, and manage transfer facilities to confine inmates
described by Section 499.152, and the board may finance and
construct those facilities. The institutional division, with the
approval of the board, may contract with a private vendor or the
commissioners court of a county for the financing, construction,
operation, maintenance, or management of a transfer facility.
(b) The board and the institutional division shall ensure that a
service described by Subsection (a) is provided in compliance
with standards established under Section 511.017, whether the
board or the institutional division provides the service or
contracts with an entity listed by Subsection (a) for the
provision of the service.
(c) A transfer facility authorized by this subchapter may be
located on private land or on land owned by the federal
government, the state, or a political subdivision of the state.
The board may accept land donated for that purpose.
(d) A commissioners court of a county may not enter into a
contract or receive a grant under this section unless:
(1) the commissioners court first consults with the community
justice council serving the county; and
(2) the most recent community justice plan for the county served
by the community justice council that has been approved by the
community justice assistance division describes the contract or
grant.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.06, eff. Sept. 1,
1993.
Sec. 499.152. ELIGIBLE INMATES. The institutional division may
confine an inmate in a transfer facility authorized by this
subchapter:
(1) only if paperwork and processing required under Section
8(a), Article 42.09, Code of Criminal Procedure, for transfer of
the inmate to the division has been completed; and
(2) only during a period in which the inmate would otherwise be
confined in a county jail awaiting transfer to the division
following conviction of a felony or revocation of probation,
parole, or release on mandatory supervision.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.06, eff. Sept. 1,
1993.
Sec. 499.153. ADMISSIONS POLICY. The board shall develop,
adopt, and enforce:
(1) an admissions policy to accept from county jails eligible
inmates described by Section 499.152 for confinement in transfer
facilities authorized by this subchapter; and
(2) a transfer policy to transfer eligible inmates described by
Section 499.152 from transfer facilities authorized by this
subchapter to other facilities of the institutional division.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.06, eff. Sept. 1,
1993.
Sec. 499.154. CUSTODY STATUS; GOOD CONDUCT TIME. An inmate
described by Section 499.152 confined in a transfer facility
authorized by this subchapter earns good conduct time in the same
manner and subject to the same rules as if the inmate were
confined in the institutional division.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.06, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 249, Sec. 6, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 321, Sec. 1.063, eff.
Sept. 1, 1995.
Sec. 499.155. DURATION OF CONFINEMENT. (a) Except as provided
by Subsection (b), the institutional division may not confine an
inmate described by Section 499.152 in a transfer facility
authorized by this subchapter for a period that exceeds the
maximum period for which a state jail felon may be confined in a
state jail felony facility under Section 12.35, Penal Code.
(b) If an inmate described by Section 499.152 is confined in a
transfer facility, is released from or transferred from the
transfer facility or returned to the convicting county under
court order, and is convicted of a subsequent offense, is
returned from the convicting county, or is the subject of a
revocation of parole or mandatory supervision, the institutional
division shall not calculate the previous period of confinement
in determining the maximum period the defendant may be confined
in a transfer facility following conviction of the subsequent
offense, return from the convicting county, or revocation.
(c) If an inmate is discharged or released on parole or
mandatory supervision from a transfer facility, the inmate is
entitled to receive release or discharge money from the
institutional division in the same amount as an inmate is
entitled to receive on release or discharge from any other
facility of the institutional division under Section 501.015.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.06, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.064, eff.
Sept. 1, 1995.