HBA-RBT H.B. 49 76(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 49 By: Cuellar Corrections 3/8/1999 Committee Report (Substituted) BACKGROUND & PURPOSE Operating and maintaining jails is a costly endeavor, falling on state and county taxpayers. Currently, inmates are not liable for the cost of their incarceration in a county jail. C.S.H.B. 49 makes these inmates responsible for the cost of their incarceration. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 42, Code of Criminal Procedure, by adding Article 42.038, as follows: Art. 42.038. REIMBURSEMENT FOR CONFINEMENT EXPENSES. (a) Authorizes a court to require a defendant to reimburse the county for the cost of the defendant's confinement at the rate of $30 per day when the court sentences the defendant to a term of confinement in the county jail on a misdemeanor. (b) Authorizes a court to require a defendant placed on deferred adjudication for a misdemeanor, who must also submit to a period of confinement on county jail as a condition of community supervision, to reimburse the county for the defendant's confinement at a rate of $30 per day. (c) Authorizes a court to order a defendant to reimburse the county only for time served after the date of conviction or plea of guilty or nolo contendere. Prohibits the court from requiring reimbursement for time served prior to the date of conviction or plea of guilty or nolo contendere. (d) Requires the court to consider the defendant's employment status, earning ability, and financial resources, and any other special circumstances that affect the defendant's ability to pay, including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim, when determining whether to order reimbursement under this article. (e) Requires the sheriff to give the defendant a bill upon the defendant's release from confinement. Requires the bill to be equal to $30 times the number of days or portion of a day the defendant was confined. (f) Authorizes the court to require a defendant to reimburse the county within a specified period which ends not later than five years after the last day of confinement or the last day of a period of community supervision if community supervision is ordered. SECTION 2. Amends Section 2(b), Article 42.22, Code of Criminal Procedure, to provide that the state has a restitution lien to secure the amount of reimbursement for costs of confinement ordered under Article 42.038. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The bill originally amended Section 501.0171, Government Code, and Section 104.002, Code of Criminal Procedure, to provide that an inmate of the Institutional Division of the Texas Department of Criminal Justice or of a county jail was liable for the cost of the inmate's confinement, including the cost of food, housing, and any program in which the inmate participated. C.S.H.B. 49 now amends Sections 42.038 and 42.22, Code of Criminal Procedure, to provide that a county jail inmate serving time for a misdemeanor may be required to reimburse the county at the rate of $30 per day.