By Wentworth S.B. No. 1276 76R9374 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a misdemeanant's liability for the cost of confinement 1-3 in a county jail. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 42, Code of Criminal Procedure, is 1-6 amended by adding Article 42.038 to read as follows: 1-7 Art. 42.038. REIMBURSEMENT FOR CONFINEMENT EXPENSES. (a) 1-8 In addition to any fine, cost, or fee authorized by law, a court 1-9 that sentences a defendant convicted of a misdemeanor to serve a 1-10 term of confinement in county jail and orders execution of the 1-11 sentence may require the defendant to reimburse the county for the 1-12 defendant's confinement at a rate of $30 a day. 1-13 (b) A court that requires a defendant convicted of a 1-14 misdemeanor or placed on deferred adjudication for a misdemeanor to 1-15 submit to a period of confinement in county jail as a condition of 1-16 community supervision may also require as a condition of community 1-17 supervision that the defendant reimburse the county for the 1-18 defendant's confinement, with the amount of reimbursement 1-19 determined as if the defendant were serving an executed sentence. 1-20 (c) A court that requires reimbursement under this article 1-21 may require the defendant to reimburse the county only for those 1-22 days the defendant is confined after the date of conviction or on 1-23 which a plea of guilty or nolo contendere was entered. The court 1-24 may not require a defendant to reimburse the county for those days 2-1 the defendant was confined after arrest and before the date of 2-2 conviction or on which the plea of guilty or nolo contendere was 2-3 entered. 2-4 (d) The court, in determining whether to order reimbursement 2-5 under this article, shall consider: 2-6 (1) the defendant's employment status, earning 2-7 ability, and financial resources; and 2-8 (2) any other special circumstances that may affect 2-9 the defendant's ability to pay, including any financial 2-10 responsibilities owed by the defendant to dependents or restitution 2-11 payments owed by the defendant to a victim. 2-12 (e) On the day on which a defendant who is required to 2-13 reimburse the county under this article discharges an executed 2-14 sentence of confinement or completes the period of confinement 2-15 required as a condition of community supervision, the sheriff shall 2-16 present to the defendant a bill computed by multiplying the daily 2-17 rate of $30 times the number of days the defendant was confined in 2-18 the county jail, not counting the day on which the execution of the 2-19 sentence or the period of confinement began. For purposes of this 2-20 subsection, a defendant who is confined in county jail for only a 2-21 portion of a day is nonetheless considered to have been confined 2-22 for the whole day. 2-23 (f) The court may require a defendant to reimburse the 2-24 county under this article by paying to the sheriff the bill 2-25 presented by the sheriff within a specified period or in specified 2-26 installments. The end of the period or the last installment may 2-27 not be later than: 3-1 (1) the end of the period of community supervision, if 3-2 community supervision is ordered; or 3-3 (2) the fifth anniversary of the last day of the term 3-4 of confinement, if the court does not order community supervision. 3-5 SECTION 2. Section 2(b), Article 42.22, Code of Criminal 3-6 Procedure, is amended to read as follows: 3-7 (b) The state also has a restitution lien to secure the: 3-8 (1) amount of fines or costs entered against a 3-9 defendant in the judgment in a felony criminal case; and 3-10 (2) amount of reimbursement for costs of confinement 3-11 ordered under Article 42.038. 3-12 SECTION 3. (a) The change in law made by this Act applies 3-13 only to reimbursement for a day on or after the effective date of 3-14 this Act during which a defendant is confined in county jail. 3-15 (b) Reimbursement for a day before the effective date of 3-16 this Act during which the defendant is confined in county jail is 3-17 covered by the law in effect on the day of confinement, and the 3-18 former law is continued in effect for that purpose. 3-19 SECTION 4. This Act takes effect September 1, 1999.