2005 Texas Government Code CHAPTER 498. INMATE CLASSIFICATION AND GOOD TIME

GOVERNMENT CODE

CHAPTER 498. INMATE CLASSIFICATION AND GOOD TIME


	§ 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, § 2.01, eff. Sept. 1, 
1989.  Renumbered from V.T.C.A., Government Code § 497.001 and 
amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 
26, 1991.  Amended by Acts 1995, 74th Leg., ch. 249, § 1, eff. 
Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, § 1.046, eff. 
Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, § 12.10, eff. 
Sept. 1, 1997.


	§ 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, § 2.01, eff. Sept. 1, 
1989.  Renumbered from V.T.C.A., Government Code § 497.002 and 
amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 
26, 1991.  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, § 
11.03, eff. Aug. 29, 1991;  Acts 1995, 74th Leg., ch. 249, § 2, 
eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, § 1.047, eff. 
Sept. 1, 1995.


	§ 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, § 
1.37(b), eff. Sept. 1, 1999.

Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 
1989.  Renumbered from V.T.C.A., Government Code § 497.003 and 
amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 
26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 86, § 2, eff. Aug. 
30, 1993;  Acts 1993, 73rd Leg., ch. 988, § 1.05, eff. Sept. 1, 
1993;  Acts 1995, 74th Leg., ch. 249, § 3, eff. Sept. 1, 1995;  
Acts 1995, 74th Leg., ch. 321, § 1.048, eff. Sept. 1, 1995;  Acts 
1997, 75th Leg., ch. 165, § 12.11, eff. Sept. 1, 1997;  Acts 
1997, 75th Leg., ch. 1430, § 7, eff. Sept. 1, 1997;  Acts 1999, 
76th Leg., ch. 1188, § 1.37(a), (b), eff. Sept. 1, 1999.




	§ 498.004. FORFEITURE AND RESTORATION OF GOOD CONDUCT 
TIME.               

Text of section as amended by Acts 1995, 74th Leg., ch. 249, § 4
	(a)  If, during the actual term of imprisonment of an inmate 
in the institutional division or in a transfer facility, the inmate 
commits an offense or violates a rule of the division, the 
department may 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.
	(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.

Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 
1989.  Renumbered from V.T.C.A., Government Code § 497.004 and 
amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 
26, 1991.  Amended by Acts 1995, 74th Leg., ch. 249, § 4, eff. 
Sept. 1, 1995.

For text of section as amended by Acts 1995, 74th Leg., ch. 321, 
§ 1.049, see § 498.004, post




	§ 498.004. FORFEITURE AND RESTORATION OF GOOD CONDUCT 
TIME.               

Text of section as amended by Acts 1995, 74th Leg., ch. 321, § 
1.049
	(a)  If, during the actual term of imprisonment of an inmate 
in the institutional division or in a transfer facility, the inmate 
commits an offense or violates a rule of the division, the 
department may forfeit all or any part of the inmate's accrued good 
conduct time.  The department may restore good conduct time 
forfeited under this subsection subject to policies established by 
the institutional division.
	(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. 

Added by Acts 1989, 71st Leg., ch. 212, § 2.01, eff. Sept. 1, 
1989.  Renumbered from V.T.C.A., Government Code § 497.004 and 
amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 
26, 1991.  Amended by Acts 1995, 74th Leg., ch. 321, § 1.049, 
eff. Sept. 1, 1995.

For text of section as amended by Acts 1995, 74th Leg., ch. 249, 
§ 4, see § 498.004, ante


	§ 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, § 1, eff. Sept. 1, 1997;  
Acts 1997, 75th Leg., ch. 670, § 7, eff. Sept. 1, 1997.


	§ 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, § 5, eff. June 8, 1995.  
Amended by Acts 1999, 76th Leg., ch. 655, § 3, eff. June 18, 
1999;  Acts 2005, 79th Leg., ch. 1207, § 1, eff. Sept. 1, 2005.


	§ 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, § 2.01, eff. Sept. 1, 
1989.  Renumbered from V.T.C.A., Government Code § 497.005 and 
amended by Acts 1991, 72nd Leg., ch. 16, § 10.01(a), eff. Aug. 
26, 1991.  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, § 
11.04, eff. Aug. 29, 1991;  Acts 1995, 74th Leg., ch. 249, § 5, 
eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, § 1.050, eff. 
Sept. 1, 1995.