Texas State Jail Felony | Good Time or Diligent Participation
State Jail Felony offenses in Texas are punishable by 180 days to 24 months in a state jail facility. Generally, a state jail sentence is served “day-for-day.” Unlike a sentence in county jail an inmate does not receive “2 for one” for “good time credit” or “trustee credit.” Unlike a prison sentence in the Texas Department of Criminal Justice – Institutional Division, an inmate does not get paroled for “good time credit.” While this may sound discouraging to anyone facing a State Jail Felony, there is a program that can help state jail offenders serve less time. This is known as Diligent Participation Credit.
A person convicted of a state jail felony after September 1, 2011, may be eligible for the Diligent Participation Credit program. Under Diligent Participation, an offender can receive time credit for their participation in state jail programs such as education, work, and substance abuse treatment. The inmate’s participation must be diligent, meaning the offender must successfully complete the program or make meaningful progression toward completion that was only interrupted by something outside the inmate’s control.
The Texas Department of Criminal Justice must report the number of days an inmate diligently participated in one of the programs to the offender’s district court sentencing judge not later than 30 days before the offender has served 80 % of his sentence. The State Jail will report a day of diligent participation for every day in custody once the inmate arrives at the state jail facility. Back time or back credit is also possible. The sentencing judge can give an inmate up to 20% credit off the offender’s sentence through this program.
There are a few exceptions to the Diligent Participation Credit program however. Inmates who are found guilty in custody of disciplinary actions such as refusing to work; refusing to attend school or complete school work; or refusing a required treatment program are not eligible to receive credit for diligent participation. Inmates subject to solitary confinement or administrative segregation are also ineligible to receive credit for those days.
On September 1, 2015, a new option became available for inmates. At the time of sentencing, the sentencing judge can determine that the offender is presumptively entitled to receive the diligent participation credit for a State Jail Felony sentence. The credit is awarded to the inmate as long as he does diligently participate. The inmate will then be awarded time credit on the 45th day before 80% of his sentence is served. However, if disciplinary action is taken in custody against an inmate presumptively assumed entitled, the time credit will not be given. The program is designed to encourage inmates to work toward rehabilitation and serves as a security measure.
