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.