Texas Code of Criminal Procedure - CRIM P Art. 42.032. Good conduct

<By executive order, Governor Abbott suspended Vernon's Ann.Texas C.C.P. Art. 42.032 and other relevant statutes and rules to the extent necessary to preclude the grant of commutation of time for good conduct to achieve release of any person who has previously been convicted of or is currently serving a sentence that involves physical violence or threat thereof. See 2019 TX EO 13 (detention in county and municipal jails during COVID-19 disaster).>

Sec. 1. To encourage county jail discipline, a distinction may be made to give orderly, industrious, and obedient defendants the comforts and privileges they deserve.  The reward for good conduct may consist of a relaxation of strict county jail rules and extension of social privileges consistent with proper discipline.

Sec. 2. The sheriff in charge of each county jail may grant commutation of time for good conduct, industry, and obedience.  A deduction not to exceed one day for each day of the original sentence actually served may be made for the term or terms of sentences if a charge of misconduct has not been sustained against the defendant.

Sec. 3. This article applies whether or not the judgment of conviction is a fine or jail sentence or both, but the deduction in time may not exceed one-third of the original sentence as to fines and court costs assessed in the judgment of conviction.

Sec. 4. A defendant serving two or more cumulative sentences shall be allowed commutation as if the sentences were one sentence.

Sec. 5. Any part or all of the commutation accrued under this article may be forfeited and taken away by the sheriff:

(1) for a sustained charge of misconduct in violation of any rule known to the defendant, including escape or attempt to escape, if the sheriff has complied with discipline proceedings as approved by the Commission on Jail Standards;

(2) on receipt by the sheriff of a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a lawsuit brought by a defendant while the defendant was in the custody of the sheriff;  or

(3) if the defendant, in violation of an order entered under Article 42.24 , contacts the victim of the offense for which the defendant is serving a sentence or a member of the victim's family.

Sec. 7. The sheriff shall keep a conduct record in card or ledger form and a calendar card on each defendant showing all forfeitures of commutation time and the reasons for the forfeitures.

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