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A BILL TO BE ENTITLED
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AN ACT
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relating to time of day during which prisoners may be discharged or |
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released from county jails. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 511, Government Code, is amended by |
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adding Section 511.0098 to read as follows: |
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Sec. 511.0098. DISCHARGE OR RELEASE TIME. (a) The |
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commission shall adopt rules establishing the time of day during |
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which prisoners, other than prisoners being released on bond, may |
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be discharged or released from county jails. |
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(b) The rules adopted under Subsection (a) may not allow a |
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prisoner, other than a prisoner being admitted to an inpatient |
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mental health facility or a state-supported living center for |
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court-ordered mental health or mental retardation services or being |
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transferred to the custody of another state, a unit of the federal |
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government, or a facility operated by or under contract with the |
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Texas Department of Criminal Justice, to be discharged or released |
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from a county jail after 7 p.m. and before 7 a.m., unless an exigent |
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circumstance requires the prisoner's discharge or release after 7 |
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p.m. and before 7 a.m. |
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(c) The rules adopted under Subsection (a) must require that |
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the operator of a county jail maintain a record of each prisoner |
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discharged or released after 7 p.m. and before 7 a.m. The record |
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must include: |
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(1) the exigent circumstance that warranted the |
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prisoner's discharge or release after 7 p.m. and before 7 a.m.; |
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(2) if applicable, the date and time the operator |
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received a release order or similar document from a court or other |
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authority; and |
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(3) the date and time of the prisoner's discharge or |
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release. |
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SECTION 2. The Commission on Jail Standards shall adopt the |
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rules required by Section 511.0098, Government Code, as added by |
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this Act, not later than January 1, 2012. |
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SECTION 3. This Act takes effect September 1, 2011. |