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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 the |
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compensation 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 accept |
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persons [inmates] within 45 days of processing as required by |
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Section 499.1215 [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) The department shall take custody of a person |
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awaiting transfer to the department following conviction of a |
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felony not later than the 45th day following the date on which all |
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processing required for transfer has been completed. |
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(b) If the department does not take custody of a person |
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within the period prescribed by Subsection (a), the department |
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shall compensate the county for 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 that period. The compensation must be equal to the |
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amount that would have been incurred by the department to confine |
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the person for that period. |
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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 December 31, 2023, the Texas Board |
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of Criminal Justice shall adopt the scheduled admissions policy |
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required by Section 499.071, Government Code, as amended by this |
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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 cost of |
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confinement of a person that occurs on or after January 1, 2024, |
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regardless of whether all processing required for transfer of the |
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person to the Texas Department of Criminal Justice is completed |
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before, on, or 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. |