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A BILL TO BE ENTITLED
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AN ACT
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relating to the discharge of a prisoner from a county jail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 43.13, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsections (c), (d), |
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(e), and (f) to read as follows: |
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(b) A defendant convicted of a misdemeanor and sentenced to |
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a term of confinement [of more than 30 days] discharges the |
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defendant's sentence at any time beginning at [between the hours
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of] 6 a.m. and ending at 7 p.m. on the day of discharge. |
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(c) Except as provided by Subsections (d) and (e), the |
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sheriff or other county jail administrator shall release a |
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defendant at any time beginning at 6 a.m. and ending at 7 p.m. on the |
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day the defendant discharges the defendant's sentence. |
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(d) The sheriff or other county jail administrator may: |
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(1) credit a defendant who will discharge the |
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defendant's sentence and be released from the county jail at 12:01 |
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a.m. with not more than 18 hours of time served; and |
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(2) release the defendant at any time beginning at 6 |
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a.m. and ending at 7 p.m. on the day preceding the day on which the |
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defendant discharges the defendant's sentence. |
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(e) A sheriff or other county jail administrator may release |
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a defendant from county jail after 7 p.m. and before 6 a.m. if the |
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defendant: |
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(1) agrees to or requests a release after 7 p.m. and |
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before 6 a.m.; |
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(2) is being released at that time pursuant to an order |
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from a court; |
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(3) is subject to an arrest warrant issued by another |
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county and is being released for purposes of executing that arrest |
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warrant; |
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(4) is being transferred to the custody of another |
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state, a unit of the federal government, or a facility operated by |
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or under contract with the Texas Department of Criminal Justice; or |
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(5) is being admitted to an inpatient mental health |
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facility or a state supported living center for court-ordered |
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mental health or mental retardation services. |
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(f) Subsection (e)(1) does not apply if a health care |
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professional has determined that the defendant lacks the mental |
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capacity to agree to or request a release. |
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SECTION 2. Section 511.009, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The commission may monitor compliance with the |
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provisions of Article 43.13, Code of Criminal Procedure, relating |
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to the release of a prisoner from county jail. |
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SECTION 3. This Act takes effect September 1, 2011. |