AN ACT 1-1 relating to a misdemeanant's liability for the cost of confinement 1-2 in a county jail. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 42, Code of Criminal Procedure, is 1-5 amended by adding Article 42.038 to read as follows: 1-6 Art. 42.038. REIMBURSEMENT FOR CONFINEMENT EXPENSES. 1-7 (a) In addition to any fine, cost, or fee authorized by law, a 1-8 court that sentences a defendant convicted of a misdemeanor to 1-9 serve a term of confinement in county jail and orders execution of 1-10 the sentence may require the defendant to reimburse the county for 1-11 the defendant's confinement at a rate of $25 a day. 1-12 (b) A court that requires a defendant convicted of a 1-13 misdemeanor or placed on deferred adjudication for a misdemeanor to 1-14 submit to a period of confinement in county jail as a condition of 1-15 community supervision may also require as a condition of community 1-16 supervision that the defendant reimburse the county for the 1-17 defendant's confinement, with the amount of reimbursement 1-18 determined as if the defendant were serving an executed sentence. 1-19 (c) A judge may not require reimbursement under this article 1-20 if the judge determines the defendant is indigent based on the 1-21 defendant's sworn statement or affidavit filed with the court. A 1-22 court that requires reimbursement under this article may require 1-23 the defendant to reimburse the county only for those days the 1-24 defendant is confined after the date of conviction or on which a 2-1 plea of guilty or nolo contendere was entered. The court may not 2-2 require a defendant to reimburse the county for those days the 2-3 defendant was confined after arrest and before the date of 2-4 conviction or on which the plea of guilty or nolo contendere was 2-5 entered. 2-6 (d) The court, in determining whether to order reimbursement 2-7 under this article, shall consider: 2-8 (1) the defendant's employment status, earning 2-9 ability, and financial resources; and 2-10 (2) any other special circumstances that may affect 2-11 the defendant's ability to pay, including child support obligations 2-12 and including any financial responsibilities owed by the defendant 2-13 to dependents or restitution payments owed by the defendant to a 2-14 victim. 2-15 (e) On the day on which a defendant who is required to 2-16 reimburse the county under this article discharges an executed 2-17 sentence of confinement or completes the period of confinement 2-18 required as a condition of community supervision, the sheriff shall 2-19 present to the defendant a bill computed by multiplying the daily 2-20 rate of $25 times the number of days the defendant was confined in 2-21 the county jail, not counting the day on which the execution of the 2-22 sentence or the period of confinement began. For purposes of this 2-23 subsection, a defendant who is confined in county jail for only a 2-24 portion of a day is nonetheless considered to have been confined 2-25 for the whole day. 2-26 (f) The court may require a defendant to reimburse the 3-1 county under this article by paying to the sheriff the bill 3-2 presented by the sheriff within a specified period or in specified 3-3 installments. The end of the period or the last installment may 3-4 not be later than: 3-5 (1) the end of the period of community supervision, if 3-6 community supervision is ordered; or 3-7 (2) the fifth anniversary of the last day of the term 3-8 of confinement, if the court does not order community supervision. 3-9 SECTION 2. Subsection (b), Section 2, Article 42.22, Code of 3-10 Criminal Procedure, is amended to read as follows: 3-11 (b) The state also has a restitution lien to secure the: 3-12 (1) amount of fines or costs entered against a 3-13 defendant in the judgment in a felony criminal case; and 3-14 (2) amount of reimbursement for costs of confinement 3-15 ordered under Article 42.038. 3-16 SECTION 3. (a) The change in law made by this Act applies 3-17 only to reimbursement for a day on or after the effective date of 3-18 this Act during which a defendant is confined in county jail. 3-19 (b) Reimbursement for a day before the effective date of 3-20 this Act during which the defendant is confined in county jail is 3-21 covered by the law in effect on the day of confinement, and the 3-22 former law is continued in effect for that purpose. 3-23 SECTION 4. This Act takes effect September 1, 1999. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1276 passed the Senate on April 29, 1999, by a viva-voce vote; and that the Senate concurred in House amendments on May 11, 1999, by the following vote: Yeas 21, Nays 7. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1276 passed the House, with amendments, on May 8, 1999, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor