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A BILL TO BE ENTITLED
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AN ACT
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relating to the period for transporting a criminal defendant who is |
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found incompetent to stand trial to a facility for competency |
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restoration services and to the compensation to the county for the |
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costs of confinement occurring after that period. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 46B, Code of Criminal |
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Procedure, is amended by adding Article 46B.0753 to read as |
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follows: |
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Art. 46B.0753. TRANSFER TO COMMISSION; COMPENSATION TO |
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COUNTIES. (a) The commission shall take custody of a defendant |
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awaiting transfer to a mental health facility operated by or under |
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contract with the commission not later than the 21st day following |
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the date the court delivered a signed order of commitment under |
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Article 46B.076. |
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(b) If the commission does not take custody of a defendant |
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within the period prescribed by Subsection (a), the commission |
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shall: |
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(1) evaluate the overall health of the defendant in |
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person at least once a week until the defendant is transferred to |
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the appropriate mental health facility; and |
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(2) compensate the county for the cost of confinement |
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for each day that the defendant remains confined in the county jail |
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following the expiration of that period. |
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(c) The compensation described by Subsection (b)(2) must be |
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equal to the amount that would have been incurred by the commission |
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to confine the defendant for that period. |
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SECTION 2. (a) The change in law made by this Act applies to |
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a defendant for whom an order of commitment is issued before, on, or |
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after the effective date of this Act. |
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(b) Notwithstanding Article 46B.0753(a), Code of Criminal |
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Procedure, as added by this Act, for a defendant who, on the |
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effective date of this Act, is confined in a county jail and |
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awaiting transfer to a mental health facility under an order of |
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commitment, the 21-day period provided by that subsection for the |
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Health and Human Services Commission to take custody of the |
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defendant begins on the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |