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A BILL TO BE ENTITLED
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AN ACT
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relating to the confinement or detention of certain individuals in |
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a county jail or other facility operated by or for the county and to |
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the compensation to the county for the costs of that confinement or |
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detention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 46B, Code of Criminal |
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Procedure, is amended by adding Article 46B.014 to read as follows: |
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Art. 46B.014. TRANSFER TO COMMISSION; COMPENSATION TO |
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COUNTIES. (a) The commission shall take custody of a defendant |
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awaiting transfer under an order issued under Article 46B.073 to a |
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facility operated by or under contract with the commission, not |
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later than the 45th day following the date the order is issued. |
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(b) If the commission does not take custody of a defendant |
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within the period prescribed by Subsection (a), the commission |
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shall compensate the county for the cost of confinement for each day |
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that the defendant remains confined in the county jail following |
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the expiration of that period. The compensation must be equal to |
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the amount that would have been incurred by the commission to |
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confine the defendant for that period. |
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SECTION 2. Section 54.04, Family Code, is amended by adding |
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Subsections (s) and (t) to read as follows: |
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(s) If the judge orders a disposition under this section |
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sentencing a child to commitment in the Texas Juvenile Justice |
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Department, the department shall accept custody of the child not |
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later than the 45th day after the date on which the judge signs the |
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disposition order committing the child to the department. |
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(t) If the Texas Juvenile Justice Department does not take |
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custody of a child within the period prescribed by Subsection (s), |
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the department shall compensate the county for the cost of |
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detention for each day that the child remains detained in a facility |
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operated by or under contract with the county following the |
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expiration of that period. The compensation must be equal to the |
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amount that would have been incurred by the department to detain the |
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child for that period. |
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SECTION 3. Section 499.071, Government Code, is amended to |
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read as follows: |
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Sec. 499.071. SCHEDULED ADMISSIONS POLICY. The board shall |
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adopt and enforce a scheduled admissions policy that requires |
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[permits] the department [institutional division] to accept |
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persons [inmates] within 45 days of processing as required by |
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Section 499.1215 [499.121(c)]. |
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SECTION 4. Subchapter F, Chapter 499, Government Code, is |
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amended by adding Section 499.1215 to read as follows: |
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Sec. 499.1215. TRANSFER TO DEPARTMENT; COMPENSATION TO |
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COUNTIES. (a) The department shall take custody of a person |
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awaiting transfer to the department following conviction of a |
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felony not later than the 45th day following the date on which all |
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processing required for transfer has been completed. |
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(b) If the department does not take custody of a person |
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within the period prescribed by Subsection (a), the department |
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shall compensate the county for the cost of confinement for each day |
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that the person remains confined in the county jail following the |
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expiration of that period. The compensation must be equal to the |
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amount that would have been incurred by the department to confine |
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the person for that period. |
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SECTION 5. Section 499.121(c), Government Code, is |
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repealed. |
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SECTION 6. Not later than December 31, 2023, the Texas Board |
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of Criminal Justice shall adopt the scheduled admissions policy |
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required by Section 499.071, Government Code, as amended by this |
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Act. |
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SECTION 7. (a) Article 46B.014, Code of Criminal |
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Procedure, as added by this Act, applies only to compensation to a |
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county for the cost of a defendant's confinement that occurs on or |
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after January 1, 2024, regardless of whether the order of |
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commitment is issued before, on, or after that date. |
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(b) Section 54.04, Family Code, as amended by this Act, |
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applies only to compensation to a county for the cost of a child's |
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detention that occurs on or after January 1, 2024, regardless of |
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whether the disposition order is issued before, on, or after that |
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date. |
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(c) Section 499.1215, Government Code, as added by this Act, |
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applies only to compensation to a county for the cost of confinement |
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of a person that occurs on or after January 1, 2024, regardless of |
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whether all processing required for transfer of the person to the |
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Texas Department of Criminal Justice is completed before, on, or |
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after that date. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |