BWH C.S.H.B. 1142 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.H.B. 1142
By: Patterson, L.P. "Pete"
3-5-97
Committee Report (Substituted)



BACKGROUND 

For many counties in the state that have limited jail facilities, jail
overcrowding is a never-ending problem.  In many instances persons
arrested for DWI, or other crimes, are released or bonded out within 72
hours.  Current law requires counties to report the total number of
inmates confined in the county jail on the first day of each month.  This
provides an unrealistic representation of the actual inmate population
with regards to those inmates which are reported, but were only
incarcerated for a period of less than 72 hours.  Consequently, a county
can be considered to be in violation of jail population requirements
adopted by the Commission on Jail Standards. 

PURPOSE

The purpose of this legislation is to provide a more realistic assessment
of a county jail population by changing certain reporting requirements. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 511.0101(a), Government Code by:
 1) changing the reporting deadline to the commission from the fifth day
of each month to  the tenth day; 
 2) changing the requirement in Subsection (a)(1) to report the population
of the jail on the  first day of the month to the first Friday of the
month; and 
 3) makes a the same change to Subsection (a)(2) as in (a)(1).

SECTION 2.  Application of the law.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The C.S.H.B. 1142 makes the following changes:
 1) In Subsection 511.0101(a) the substitute strikes "fifth" and inserts
"tenth"; 
 2) In Subsection 511.0101(a)(1) the substitute removes the language in
H.B. 1142 which  provides for the reporting of inmates confined for 72
hours preceding the first day of the  month, and changes the reporting
requirement to the first Friday of the month; and 
 3) In Subsection 511.0101(a)(2) the sustitute strikes "day" and inserts
"Friday".