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A BILL TO BE ENTITLED
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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 and certify documents delivered to the |
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department as required by Section 8(b), Article 42.09, Code of |
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Criminal Procedure, not later than the third day after the date of |
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receiving the documents; 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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cost to the county for a person's confinement based on the average |
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daily cost of confining a person in the county jail, as determined |
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by the commissioners court of the county. |
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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 not |
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later than the 45th day following the date on which all documents |
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required by Sections 8(a) and (c), Article 42.09, Code of Criminal |
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Procedure, have been received by the department and certified as |
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provided 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 in an amount equal to the sum of: |
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(1) 125 percent of the cost of confinement for each day |
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that the person remains confined in the county jail following the |
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expiration of the period prescribed by Subsection (b); |
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(2) the cost of confinement for each day for the period |
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beginning on the date on which the department received the |
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documents required by Sections 8(a) and (c), Article 42.09, Code of |
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Criminal Procedure, and ending on the date on which the department |
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certified the documents as provided by Section 8(b) of that |
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article; and |
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(3) the cost to the county for all medical, behavioral |
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health, and pharmaceutical care provided to the person while |
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confined beginning on the date on which the department received the |
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documents required by Sections 8(a) and (c), Article 42.09, Code of |
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Criminal Procedure. |
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SECTION 3. Section 499.121(c), Government Code, is |
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repealed. |
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SECTION 4. 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 5. 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 6. 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. |