SRC-ARR S.B. 53 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 53
76R492 GWK-DBy: Haywood
Intergovernmental Relations
5/2/1999
As Filed


DIGEST 

Currently, an inmate in a county jail is not required to reimburse the
county for the cost of the inmate's confinement. Requiring the inmate to
reimburse the county may reduce the burden on taxpayers and provide
additional deterrence to potential criminals.  S.B. 53 authorizes the
county to collect from misdemeanants expenses that the county incurred. 

PURPOSE

As proposed, S.B. 53 authorizes a county to collect from misdemeanants
certain expenses that the county incurred. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 42, Code of Criminal Procedures, by adding
Article 42.038,  as follows: 

Art. 42.038. REIMBURSEMENT FOR CONFINEMENT EXPENSES. Authorizes a court
that sentences a defendant convicted of a misdemeanor to serve a term of
confinement in county jail and orders execution of the sentence to require
the defendant to reimburse the county $25  a day or an amount determined by
the county commissioners court. Authorizes the court to require as a
condition of community supervision that the defendant reimburse the county
for the defendant's confinement.  Requires the court to consider the
defendant's employment status, earning ability,  financial resources, and
any other special circumstances. Requires the sheriff to bill the defendant
for the amount of time the defendant was incarcerated, and, if needed,
specify the period of installments. 

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. Makes
confirming changes. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.