HB0735112th GA (Historical)Introduced

Amends TCA Title 37; Title 40 and Title 41.

Present law generally authorizes persons sentenced to confinement to earn sentence reduction credits for good behavior and program participation. This bill adds to present law by requiring the commissioner of correction to award public health emergency credits to certain incarcerated persons whenever the governor declares a state of emergency due to a public health emergency, if the public health emergency:<br /> <br /> (1) Arises as a result of a communicable disease; and<br /> <br /> (2) Results in the modification of correctional facility operations.<br /> <br /> The public health emergency credits will not be awarded to persons serving a sentence for a sexual offense or violent sexual offense. The credits will be awarded to any inmate in the custody of the department of correction who is serving a sentence and is scheduled to be released from custody within 12 months. The credits will be awarded at the rate of four months for each month, or portion thereof, served during the declared emergency, not to exceed eight months for any declared emergency. This bill requires that an inmate who was in the department's custody during the state of emergency declared by the governor in Executive Order 14 of 2020 concerning COVID-19, receive public health emergency credits.<br /> <br /> This bill also requires the commissioner of children's services to award children who are committed to the department's custody for commission of a delinquent act or unruly conduct public health emergency credits under the same circumstances and limitations as adults who are in the custody of the department of correction.<br />

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Overview

Present law generally authorizes persons sentenced to confinement to earn sentence reduction credits for good behavior and program participation. This bill adds to present law by requiring the commissioner of correction to award public health emergency credits to certain incarcerated persons whenever the governor declares a state of emergency due to a public health emergency, if the public health emergency:<br /> <br /> (1) Arises as a result of a communicable disease; and<br /> <br /> (2) Results in the modification of correctional facility operations.<br /> <br /> The public health emergency credits will not be awarded to persons serving a sentence for a sexual offense or violent sexual offense. The credits will be awarded to any inmate in the custody of the department of correction who is serving a sentence and is scheduled to be released from custody within 12 months. The credits will be awarded at the rate of four months for each month, or portion thereof, served during the declared emergency, not to exceed eight months for any declared emergency. This bill requires that an inmate who was in the department's custody during the state of emergency declared by the governor in Executive Order 14 of 2020 concerning COVID-19, receive public health emergency credits.<br /> <br /> This bill also requires the commissioner of children's services to award children who are committed to the department's custody for commission of a delinquent act or unruly conduct public health emergency credits under the same circumstances and limitations as adults who are in the custody of the department of correction.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 9, 2021

Subjects
43201065

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HB0735: Amends TCA Title 37; Title 40 and Title 41. | LegisGo