88R20154 MCF-D

By: Frank, Murr, Sherman, Sr., Rogers, H.B. No. 3363

et al.

A BILL TO BE ENTITLED

AN ACT

relating to the confinement or detention of certain individuals in a county jail or other facility operated by or for the county and to the compensation to the county for the costs of that confinement or detention.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 46B, Code of Criminal Procedure, is amended by adding Article 46B.014 to read as follows:

Art. 46B.014. TRANSFER TO COMMISSION; COMPENSATION TO COUNTIES. (a) The commission shall take custody of a defendant awaiting transfer under an order issued under Article 46B.073 to a facility operated by or under contract with the commission, not later than the 45th day following the date the order is issued.

(b) If the commission does not take custody of a defendant within the period prescribed by Subsection (a), the commission shall compensate the county for the cost of confinement for each day that the defendant remains confined in the county jail following the expiration of that period. The compensation must be equal to the amount that would have been incurred by the commission to confine the defendant for that period.

SECTION 2. Section 54.04, Family Code, is amended by adding Subsections (s) and (t) to read as follows:

(s) If the judge orders a disposition under this section sentencing a child to commitment in the Texas Juvenile Justice Department, the department shall accept custody of the child not later than the 45th day after the date on which the judge signs the disposition order committing the child to the department.

(t) If the Texas Juvenile Justice Department does not take custody of a child within the period prescribed by Subsection (s), the department shall compensate the county for the cost of detention for each day that the child remains detained in a facility operated by or under contract with the county following the expiration of that period. The compensation must be equal to the amount that would have been incurred by the department to detain the child for that period.

SECTION 3. Section 499.071, Government Code, is amended to read as follows:

Sec. 499.071. SCHEDULED ADMISSIONS POLICY. The board shall adopt and enforce a scheduled admissions policy that requires [permits] the department [institutional division] to accept persons [inmates] within 45 days of processing as required by Section 499.1215 [499.121(c)].

SECTION 4. Subchapter F, Chapter 499, Government Code, is amended by adding Section 499.1215 to read as follows:

Sec. 499.1215. TRANSFER TO DEPARTMENT; COMPENSATION TO COUNTIES. (a) The department shall take custody of a person awaiting transfer to the department following conviction of a felony not later than the 45th day following the date on which all processing required for transfer has been completed.

(b) If the department does not take custody of a person within the period prescribed by Subsection (a), the department shall compensate the county for the cost of confinement for each day that the person remains confined in the county jail following the expiration of that period. The compensation must be equal to the amount that would have been incurred by the department to confine the person for that period.

(c) If a person remains confined in the county jail following the expiration of the period prescribed by Subsection (a) due to a delay caused by the county:

(1) the county is not entitled to compensation under Subsection (b) for any day that the person remains confined due to the delay caused by the county; and

(2) the county and the department shall arrange to transfer the person to the department as soon as practicable after the delay.

SECTION 5. Subchapter I, Chapter 508, Government Code, is amended by adding Section 508.285 to read as follows:

Sec. 508.285. TRANSFER TO DEPARTMENT; COMPENSATION TO COUNTIES. (a) The department shall take custody of a releasee or person described by Section 508.281(a) who is confined only on a charge that the releasee or person has committed an administrative violation of release not later than the 45th day after the date on which all processing required for transfer has been completed.

(b) If the department does not take custody of a person within the period prescribed by Subsection (a), the department shall compensate the county for the cost of confinement for each day that the person remains confined in the county jail following the expiration of that period. The compensation must be equal to the amount that would have been incurred by the department to confine the person for that period.

SECTION 6. Section 499.121(c), Government Code, is repealed.

SECTION 7. Not later than December 31, 2023, the Texas Board of Criminal Justice shall adopt the scheduled admissions policy required by Section 499.071, Government Code, as amended by this Act.

SECTION 8. (a) Article 46B.014, Code of Criminal Procedure, as added by this Act, applies only to compensation to a county for the cost of a defendant's confinement that occurs on or after January 1, 2024, regardless of whether the order of commitment is issued before, on, or after that date.

(b) Section 54.04, Family Code, as amended by this Act, applies only to compensation to a county for the cost of a child's detention that occurs on or after January 1, 2024, regardless of whether the disposition order is issued before, on, or after that date.

(c) Sections 499.1215 and 508.285, Government Code, as added by this Act, apply only to compensation to a county for the cost of confinement of a person that occurs on or after January 1, 2024, regardless of whether all processing required for transfer of the person to the Texas Department of Criminal Justice is completed before, on, or after that date.

SECTION 9. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.