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AN ACT
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relating to the confinement in a county jail of a person pending a |
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transfer to the Texas Department of Criminal Justice and to |
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compensation to a county for certain costs of confinement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 499.071, Government Code, is amended to |
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read as follows: |
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Sec. 499.071. SCHEDULED ADMISSIONS POLICY. The board shall |
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adopt and enforce a scheduled admissions policy that requires |
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[permits] the department [institutional division] to: |
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(1) review documents received under Section 8(a) or |
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(c), Article 42.09, Code of Criminal Procedure, and certify the |
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documents or notify the county that the documents require |
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corrective action within the time period required by Section 8(b) |
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of that article; and |
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(2) accept persons [inmates] within the time period |
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[45 days of processing as] required by Section 499.1215(b) |
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[499.121(c)]. |
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SECTION 2. Subchapter F, Chapter 499, Government Code, is |
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amended by adding Section 499.1215 to read as follows: |
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Sec. 499.1215. TRANSFER TO DEPARTMENT; COMPENSATION TO |
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COUNTIES. (a) In this section, "cost of confinement" means the |
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amount that would have been incurred by the department to confine a |
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person. The term does not include costs for medical, behavioral, or |
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pharmaceutical care. |
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(b) The department shall take custody of a person awaiting |
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transfer to the department following conviction of a felony and |
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sentencing to death or to a term of imprisonment in the department |
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or confinement in a state jail not later than the 45th day following |
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the date on which all documents required by Sections 8(a) and (c), |
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Article 42.09, Code of Criminal Procedure, have been certified as |
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required by Section 8(b) of that article. |
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(c) If the department does not take custody of a person |
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within the period prescribed by Subsection (b), the department |
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shall compensate the county for the cost of confinement for each day |
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the person remains confined in the county jail following the |
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expiration of that period. |
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(d) If a person remains confined in the county jail |
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following the expiration of the period prescribed by Subsection (b) |
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due to a delay caused by the county: |
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(1) the county is not entitled to compensation under |
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Subsection (c) for any day that the person remains confined due to |
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the delay caused by the county; and |
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(2) the county and the department shall arrange to |
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transfer the person to the department as soon as practicable after |
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the delay. |
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SECTION 3. Section 8, Article 42.09, Code of Criminal |
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Procedure, is amended by amending Subsection (b) and adding |
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Subsection (b-1) to read as follows: |
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(b) The Texas Department of Criminal Justice shall not take |
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a defendant into custody under this article until the designated |
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officer receives the documents required by Subsections (a) and (c) |
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of this section and determines that the documents do not contain any |
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errors or deficiencies requiring corrective action by the county. |
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Not later than the fifth business day after the date of receipt of |
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[The designated officer shall certify under the seal of the |
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department] the documents, the designated officer shall: |
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(1) certify the documents under the seal of the |
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department if the designated officer determines the documents do |
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not require any corrective action; or |
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(2) notify the county that the designated officer has |
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determined that the documents require corrective action [received |
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under Subsections (a) and (c) of this section]. |
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(b-1) A document certified under Subsection (b) [this |
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subsection] is self-authenticated for the purposes of Rules 901 and |
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902, Texas Rules of Evidence. |
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SECTION 4. Section 499.121(c), Government Code, is |
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repealed. |
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SECTION 5. Not later than September 30, 2023, the Texas |
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Board of Criminal Justice shall adopt the scheduled admissions |
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policy required by Section 499.071, Government Code, as amended by |
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this Act. |
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SECTION 6. Section 499.1215, Government Code, as added by |
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this Act, applies only to compensation to a county for the costs |
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described by that section related to the confinement of a person |
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that occurs on or after October 1, 2023, regardless of whether the |
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requirements under that section for transfer of the person to the |
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Texas Department of Criminal Justice are completed before, on, or |
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after that date. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2620 was passed by the House on April |
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21, 2023, by the following vote: Yeas 139, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2620 on May 25, 2023, by the following vote: Yeas 143, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2620 was passed by the Senate, with |
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amendments, on May 21, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |