Tex. Code of Crim. Proc. Article 42A.559
Credits for Time Served


(a)

For purposes of this article, “diligent participation” includes:

(1)

successful completion of an educational, vocational, or treatment program;

(2)

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

(3)

active involvement in a work program.

(b)

A defendant confined in a state jail felony facility does not earn good conduct time for time served in the facility but may be awarded diligent participation credit in accordance with Subsection (f) or (g).

(c)

A judge:

(1)

may credit against any time a defendant is required to serve in a state jail felony facility time served in a county jail from the time of the defendant’s arrest and confinement until sentencing by the trial court; and

(2)

shall credit against any time a defendant is required to serve in a state jail felony facility time served before sentencing in a substance abuse felony punishment facility operated by the Texas Department of Criminal Justice under Section 493.009 (Substance Abuse Felony Punishment Facilities), Government Code, or other court-ordered residential program or facility as a condition of deferred adjudication community supervision, but only if the defendant successfully completes the treatment program in that facility.

(d)

A judge shall credit against any time a defendant is subsequently required to serve in a state jail felony facility after revocation of community supervision time served after sentencing:

(1)

in a state jail felony facility; or

(2)

in a substance abuse felony punishment facility operated by the Texas Department of Criminal Justice under Section 493.009 (Substance Abuse Felony Punishment Facilities), Government Code, or other court-ordered residential program or facility if the defendant successfully completes the treatment program in that facility.

(e)

For a defendant who has participated in an educational, vocational, treatment, or work program while confined in a state jail felony facility, the Texas Department of Criminal Justice shall record the number of days during which the defendant diligently participated in any educational, vocational, treatment, or work program.

(f)

For a defendant with a judgment that contains a finding under Article 42.0199 (Finding Regarding Diligent Participation Credit) that the defendant is presumptively entitled to diligent participation credit and who has not been the subject of disciplinary action while confined in the state jail felony facility, the department shall credit against any time the defendant is required to serve in a state jail felony facility additional time for each day the defendant actually served in the facility while diligently participating in an educational, vocational, treatment, or work program.

(g)

For a defendant with a judgment that contains a finding under Article 42.0199 (Finding Regarding Diligent Participation Credit) that the defendant is not presumptively entitled to diligent participation credit or who has been the subject of disciplinary action while confined in the state jail felony facility, the department shall, not later than the 30th day before the date on which the defendant will have served 80 percent of the defendant’s sentence, report to the sentencing court the record of the number of days under Subsection (e). The contents of a report submitted under this subsection are not subject to challenge by a defendant. A judge, based on the report, may credit against any time a defendant is required to serve in a state jail felony facility additional time for each day the defendant actually served in the facility while diligently participating in an educational, vocational, treatment, or work program.

(h)

A time credit under Subsection (f) or (g) may not exceed one-fifth of the amount of time the defendant is originally required to serve in the facility. A defendant may not be awarded a time credit under Subsection (f) or (g) for any period during which the defendant is subject to disciplinary status. A time credit under Subsection (f) or (g) is a privilege and not a right.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.020(a), eff. September 1, 2017.

Source: Article 42A.559 — Credits for Time Served, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42A.­htm#42A.­559 (accessed Feb. 22, 2024).

42A.001
Definitions
42A.002
Reference in Law
42A.051
Authority to Grant Community Supervision, Impose or Modify Conditions, or Discharge Defendant
42A.052
Modification of Conditions by Supervision Officer or Magistrate
42A.054
Limitation on Judge-ordered Community Supervision
42A.055
Jury-recommended Community Supervision
42A.056
Limitation on Jury-recommended Community Supervision
42A.057
Minimum Period of Community Supervision for Certain Burglaries of Vehicles
42A.058
Information Provided to Defendant Placed on Community Supervision
42A.059
Placement on Community Supervision Prohibited for Certain Offenses Involving Illegal Entry into This State
42A.102
Eligibility for Deferred Adjudication Community Supervision
42A.105
Affirmative Findings
42A.107
Request for Final Adjudication
42A.109
Due Diligence Defense
42A.110
Proceedings After Adjudication
42A.151
Transfer of Jurisdiction
42A.152
Issuance of Warrant by Court Having Geographical Jurisdiction
42A.153
Change of Residence Within the State
42A.154
Leaving the State
42A.201
Continuing Jurisdiction in Misdemeanor Cases
42A.202
Continuing Jurisdiction in Felony Cases
42A.203
Authority to Suspend Execution of Sentence in Felony Cases
42A.204
Partial Execution of Sentence: Firearm Used or Exhibited
42A.251
Definitions
42A.252
Presentence Report Required
42A.253
Contents of Presentence Report
42A.254
Inspection by Judge
42A.255
Inspection and Comment by Defendant
42A.256
Release of Information to Supervision Officer
42A.257
Evaluation for Purposes of Alcohol or Drug Rehabilitation
42A.258
Evaluation for Purposes of Sex Offender Treatment, Specialized Supervision, or Rehabilitation
42A.259
Postsentence Report
42A.301
Basic Discretionary Conditions
42A.302
Confinement
42A.303
Substance Abuse Felony Program
42A.304
Community Service
42A.305
Community Outreach
42A.306
Supervision of Defendant from out of State
42A.307
Orchiectomy Prohibited
42A.351
Educational Skill Level
42A.352
Dna Sample
42A.381
Veterans Reemployment Program
42A.382
Eligibility
42A.383
Education and Training Courses
42A.384
Completion of Program
42A.385
Extended Period Allowed for Completion of Program
42A.386
Failure to Complete Program
42A.401
Confinement as Condition of Community Supervision for Certain Intoxication Offenses
42A.402
Drug or Alcohol Dependence Evaluation and Rehabilitation
42A.404
Educational Program for Certain Repeat Intoxication Offenses
42A.406
Effect of Educational Program Requirements on Driving Record and License
42A.407
Suspension of Driver’s License
42A.408
Use of Ignition Interlock Device
42A.409
Community Supervision for Enhanced Public Intoxication Offense
42A.451
Sex Offender Registration
42A.452
Treatment, Specialized Supervision, or Rehabilitation
42A.453
Child Safety Zone
42A.454
Certain Internet Activity Prohibited
42A.455
Payment to Children’s Advocacy Center
42A.501
Community Supervision for Offense Committed Because of Bias or Prejudice
42A.502
Community Supervision for Certain Violent Offenses
42A.503
Community Supervision for Certain Child Abuse Offenses
42A.504
Community Supervision for Certain Offenses Involving Family Violence
42A.505
Community Supervision for Stalking Offense
42A.506
Community Supervision for Defendant with Mental Impairment
42A.507
Community Supervision for Certain Defendants Identified as Members of Criminal Street Gangs
42A.508
Community Supervision for Certain Organized Crime Offenses
42A.509
Community Supervision for Graffiti Offense
42A.510
Community Supervision for Enhanced Disorderly Conduct Offense
42A.512
Community Supervision for Electronic Transmission of Certain Visual Material
42A.513
Community Supervision for Making Firearm Accessible to Child
42A.514
Community Supervision for Certain Alcohol or Drug Related Offenses
42A.515
Community Supervision for Certain Prostitution Offenses
42A.516
Community Supervision for Leaving Scene of Motor Vehicle Collision Resulting in Death of Person
42A.517
Community Supervision for Certain Offenses Involving Obstruction of Highway or Other Passageway
42A.551
Placement on Community Supervision
42A.552
Review of Presentence Report
42A.553
Minimum and Maximum Periods of Community Supervision
42A.554
Conditions of Community Supervision
42A.555
Confinement as a Condition of Community Supervision
42A.556
Sanctions Imposed on Modification of Community Supervision
42A.557
Report by Director of Facility
42A.558
Revocation
42A.559
Credits for Time Served
42A.560
Medical Release
42A.561
Medical Release
42A.601
Definition
42A.602
Maximum Term or Terms of Confinement
42A.603
Effect of Revocation on Credit for Time Spent in Facility
42A.604
Evaluation of Defendant’s Behavior and Attitude
42A.605
Placement in Community Service Project
42A.606
Confinement Required
42A.607
Disposition of Salary
42A.652
Monthly Reimbursement Fee
42A.653
Additional Monthly Fine for Certain Sex Offenders
42A.654
Fees Due on Conviction
42A.655
Ability to Pay
42A.701
Reduction or Termination of Community Supervision Period
42A.751
Violation of Conditions of Community Supervision
42A.752
Continuation or Modification of Community Supervision After Violation
42A.753
Extension of Community Supervision After Violation
42A.754
Authority to Revoke Community Supervision
42A.755
Revocation of Community Supervision
42A.756
Due Diligence Defense
42A.4045
Alternative to Educational Program: Substance Abuse Treatment Facility

Accessed:
Feb. 22, 2024

Art. 42A.559’s source at texas​.gov