Jonathan Hyatt

Jonathan Hyatt is Board Certified in Criminal Law by the TBLS and is a partner at Hyatt & Hyatt, PLLC, based in Longview. While his practice involves the defense of saints, scoundrels, and the falsely accused, his most satisfying work involves the depressed, depraved, and downtrodden.

Diligent Participation Credit

Neither parole nor “good time” credit is available to defendants serving State Jail prison sentences. During the 82nd Legislative Session, a bill addressing “diligent participation” was introduced and passed into law. The bill presents the possibility for inmates serving State Jail sentences to receive additional credit towards their sentence. The sentence had to be served day for day prior to September, 2011. There are several restrictions when determining the eligibility for diligent participation. Any and all time credit awarded by the Trial Court is considered “a privilege and not a right” meaning it is purely discretionary. Tex.CodeCrim.Proc.Art. 42A.559(h). With respect to how much credit one might receive, it may not exceed “one-fifth of the amount of time the defendant is originally required to serve in the facility” or 20 percent of the sentence. Id.

The judgment must reflect whether the court finds defendant is “presumptively entitled to diligent participation credit”. Tex.CodeCrim.Proc.Art. 42.0199. The determination of whether an individual is presumptively entitled is required on the face of the Judgment. Id. If the court makes an affirmative finding and the Defendant has not been subject to disciplinarily action while in the State Jail facility then the award of credit for eligible diligent participation credit is mandatory. Tex.CodeCrim.Proc. Art. 42A.559(f). 

If defendant is not presumptively entitled to diligent participation credit then a report containing records of specific day counts of participation in “educational, vocational, treatment, or work program(s)” is sent to the court. Tex.CodeCrim.Proc.Art. § 42A.559(g). A presumptively eligible defendant subject to disciplinary action while in the state jail facility loses presumptive status. Their records are forwarded in a similar manner to individuals not found to be presumptively entitled. According to the Texas Department of Criminal Justice web page on the matter, if the Trial Court does not award credit, “the offender will serve their full sentence.” Time where an inmate has either completed or is making successful progress towards completing an educational, vocational or treatment program, or is actively involved in a work program qualifies as “diligent participation”. Tex.CodeCrim.Pro.Art. 42A.559(a). The purpose of this statute is to incentivize participation in available programs for State Jail inmates.