HBA-SEB H.B. 636 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 636
By: Allen
Corrections
2/18/1999
Introduced



BACKGROUND AND PURPOSE 

Current law entitles an inmate in the Texas Department of Criminal Justice
(department) to timeserved credit against the inmate's sentence for time
spent in jail between the arrest and the sentencing.  The only formal means
presently available to an inmate seeking to remedy a time-served credit
error is the filing of a writ of habeas corpus.  The habeas process is
time-consuming and may involve several different courts and offices.  H.B.
636 requires the department to develop a system that allows for the
resolution of an alleged time-served credit error and prohibits the inmate
from using the writ of habeas corpus process except under specific
circumstances.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 501, Government Code, by adding
Section 501.0081, as follows: 

Sec. 501.0081.  DISPUTE RESOLUTION:  TIME-SERVED CREDITS.  (a)  Requires
the Texas Department of Criminal Justice (department) to develop a system
that allows for the resolution of an inmate's complaint alleging that the
time credited on the inmate's sentence under Section 2, Article 42.03, Code
of Criminal Procedure (Pronouncing sentence; time; credit for time spent in
jail between arrest and sentence or pending appeal), does not accurately
reflect the amount of time-served credit to which the inmate is entitled. 

(b)  Prohibits an inmate from raising a claim of a time-served credit error
in an application for a writ of habeas corpus under Article 11.07, Code of
Criminal Procedure (Procedure after conviction without death penalty),
until the inmate receives a written decision issued by the highest
authority provided in the resolution system, or, if the inmate has not
received a written decision, 180 days after the inmate first alleges the
error under the resolution system, except as provided by Subsection (c). 

(c)  Provides that Subsection (b) does not apply to an inmate who is within
180 days of the inmate's presumptive parole date, date of release on
mandatory supervision, or date of discharge.  Authorizes such an inmate to
claim a time-served credit error by filing a complaint under the resolution
system or by raising a complaint in an application for a writ of habeas
corpus if the application is not otherwise barred.  

SECTION 2.  Provides that this Act applies only to a claim made on or after
January 1, 2000, that alleges a time-served credit error.   

SECTION 3.  Emergency clause.
  Effective date: upon passage.