By Williams H.B. No. 3409
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to jail capacity standards.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 2, Art.2.18 Code of Criminal Procedure,
1-5 is amended to read as follows:
1-6 Art.2.18 CUSTODY OF PRISONERS. (a) When a prisoner is
1-7 committed to jail by warrant from a magistrate or court, he shall
1-8 be placed in jail by the sheriff. It is a violation of duty on the
1-9 part of any sheriff to permit a defendant so committed to remain
1-10 out of jail, except that he may, when a defendant is committed for
1-11 want of bail, or when he arrests in a bailable case, give the
1-12 person arrested a reasonable time to procure bail; but he shall so
1-13 guard the accused as to prevent escape.
1-14 (b) If a county jail reaches 85 percent capacity, a county
1-15 sheriff may employ alternative detention methods as approved by the
1-16 Commissioners Court.
1-17 (c) In determining the alternative methods under subsection
1-18 (b), a commissioners court shall consider the following factors:
1-19 cost effectiveness and the health and safety of the inmates and the
1-20 community.
1-21 (d) The Commission on Jail Standards may not assess a fine
2-1 against a county or a county sheriff if methods employed under
2-2 subsection (b) meet the criteria established by subsection (c).
2-3 SECTION 2. This Act takes effect September 1, 1999.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule hereby suspended.