Law Office of Tim Powers
House Bill 2649
Offenders serving a sentence for a state jail felony currently do not earn
good conduct time for time served in the facility. However, with the passing
of House Bill 2649 in the 82nd Texas legislative session, some state jail
offenders may be awarded diligent participation credit by their sentencing
judge. Any offender convicted of a state jail felony offense committed
on or after September 1, 2011, may be eligible for time credit based on
diligent participation in programs such as work, education, and/or treatment.
Diligent participation is defined as:
- successful completion of an educational, vocational, or treatment program;
- progress toward successful completion of an educational, vocational, or
treatment program that was interrupted by illness, injury, or another
circumstance outside the control of the defendant; and
- active involvement in a work program.
The law requires the TDCJ to report the number of days an offender diligently
participates to the sentencing judge no later than 30 days prior to the
offender completing 80% of their sentence. Once a state jail felon who
is serving a sentence for an offense committed on or after September 1,
2011, is received by the TDCJ, the agency shall report one day of diligent
participation for each day in custody, with the following exceptions.
Offenders found guilty of a disciplinary offense for:
- refusing to work;
- refusing to attend school or complete school assignments; or
- refusing to attend or participate in a required treatment program.
These offenders shall not be eligible for diligent participation credit
for the day(s) of the refusal. Also, offenders assigned to state jail
level 4 (J4) custody, state jail level 5 (J5) custody, solitary confinement,
or administrative segregation custody are ineligible for diligent participation credit.
This bill is intended to provide an incentive for offenders to be active
in rehabilitation while providing a management tool for security staff.
The TDCJ will provide a progress report to the sentencing judge(s), which
will include information such as name, date of birth, offense, sentence
begin date, current discharge date, and diligent participation days. The
sentencing judge(s) may credit up to 20% of the offender's sentence
for days served as long as the offender was diligently participating in
a program and not subject to disciplinary action. The judge is not required
to give credit for each or any day of diligent participation.
The diligent participation credit, if any, shall be submitted by the sentencing
judge to the TDCJ. The TDCJ shall recalculate the maximum discharge date
and send notification to the offender.
If you are seeking aggressive criminal representation by an experienced
criminal defense attorney for your Denton County criminal case or arrest
in Denton County, contact the offices of Tim Powers today. There is no
charge or obligation for the initial consultation. 940.580.2899.
*Tim Powers is an attorney licensed to practice law by the Supreme Court
of Texas. Nothing in this article is intended to be legal advice. For
legal advice about any specific legal question you should directly consult