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.
Impact
The implementation of HB 1461 is anticipated to streamline the process of transferring individuals from county jails to state facilities. This change aims to alleviate the financial burden on counties incurred from prolonged detention of individuals awaiting transfer. The cost compensation system introduced by the bill intends to incentivize timely actions by state agencies, potentially resulting in a reduction in the number of inmates held at the county level longer than necessary.
Summary
House Bill 1461 addresses the confinement and detention of individuals in county jails or facilities operated by counties in Texas. The bill proposes amendments to various legal codes, specifically establishing a clear timeline and compensation structure for counties when the state fails to take custody of these individuals within a specified timeframe. Notably, it mandates that the Texas Commission must take custody of defendants within 45 days, as well as the Texas Juvenile Justice Department for juvenile cases. If not adhered to, the state must compensate counties for the days these individuals are held in county facilities beyond the stipulated periods.
Sentiment
Discussion surrounding HB 1461 appears largely positive, with lawmakers acknowledging the necessity and fairness of providing counties with compensation for extended detentions. Supporters argue that the bill promotes prompt action by state agencies, ultimately benefitting both individuals in custody and the counties. While overall sentiment seems supportive, cautious optimism highlights the importance of effective implementation and oversight to ensure the intended outcomes are realized.
Contention
Despite the general agreement on the need for the bill, some concerns have emerged regarding the specifics of the compensation rates and the administrative feasibility of the 45-day transfer requirement. Critics argue that if not paired with sufficient resources and oversight, the bill may not sufficiently relieve counties from the fiscal burdens it seeks to address. This debate highlights the ongoing tensions between state responsibilities and local resource management, a key consideration in the legislative discussions.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 46. Miscellaneous Provisions Relating To Mental Illness And Intellectual Disability
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.
Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.
Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.
Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.
Relating to the confinement in a county jail of a person pending a transfer to the Texas Department of Criminal Justice and to compensation to a county for certain costs of confinement.
Relating to the confinement in a county jail of a person pending a transfer to the Texas Department of Criminal Justice and to the compensation for certain costs of confinement.
Relating to the confinement in a county jail of a person pending a transfer to the Texas Department of Criminal Justice and to the compensation for certain costs of confinement.
Relating to the period for transporting a criminal defendant who is found incompetent to stand trial to a facility for competency restoration services and to the compensation to the county for the costs of confinement occurring after that period.
Relating to a limitation on liability in certain suits concerning damages arising from acts or omissions involving a jail or detention facility owned or operated by a county or municipality.