SRC-JBJ S.B. 1276 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1276
By: Wentworth
Criminal Justice
6/21/1999
Enrolled


DIGEST 

Currently, inmates are not liable for the cost of their incarceration in a
county jail.  Yet the operation and maintenance of a jail is costly.  S.B.
1276 will make certain inmates responsible for some costs of the inmate's
incarceration.   

PURPOSE

As enrolled, S.B. 1276 authorizes a court to charge an incarcerated
misdemeanant a cost for the confinement in a county jail. 

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 Procedure, by adding
Article 42.038, as follows: 

Art. 42.038.  REIMBURSEMENT FOR CONFINEMENT EXPENSES.  Authorizes a court
to sentence a defendant to serve a term of confinement at an additional
rate of $25 per day. Authorizes a court as a condition of community
supervision for a defendant to reimburse the county for the defendant's
confinement, for certain misdemeanors or deferred adjudication cases.
Prohibits a judge from requiring reimbursement under this article if the
judge determined the defendant is indigent, otherwise the court may require
the defendant to reimburse the county for only certain days.  Prohibits the
court from requiring the defendant to reimburse the county for days the
defendant was confined before the date of conviction or on which the plea
of guilty or nolo contendere was entered.  Sets forth the status and
special circumstances of the defendant that the court must consider in
determining whether to order reimbursement.  Requires a sheriff to present
to the defendant a bill computed with a certain methodology, upon the date
the defendant completes his or her confinement.  Considers a defendant who
is confined in a county jail for a partial day to be confined for the whole
day.  Authorizes a court to require the defendant to reimburse the county
by paying the sheriff the bill within a specified period or in
installments.  Prohibits the last day of the installment from being later
than certain periods and dates.   

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.