82R6756 MAW-D
By: Davis S.B. No. 1014
A BILL TO BE ENTITLED
AN ACT
relating to time of day during which prisoners may be discharged or
released from county jails.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 511, Government Code, is amended by
adding Section 511.0098 to read as follows:
Sec. 511.0098. DISCHARGE OR RELEASE TIME. (a) The
commission shall adopt rules establishing the time of day during
which prisoners, other than prisoners being released on bond, may
be discharged or released from county jails.
(b) The rules adopted under Subsection (a) may not allow a
prisoner, other than a prisoner being admitted to an inpatient
mental health facility or a state-supported living center for
court-ordered mental health or mental retardation services or being
transferred to the custody of another state, a unit of the federal
government, or a facility operated by or under contract with the
Texas Department of Criminal Justice, to be discharged or released
from a county jail after 7 p.m. and before 7 a.m., unless an exigent
circumstance requires the prisoner's discharge or release after 7
p.m. and before 7 a.m.
(c) The rules adopted under Subsection (a) must require that
the operator of a county jail maintain a record of each prisoner
discharged or released after 7 p.m. and before 7 a.m. The record
must include:
(1) the exigent circumstance that warranted the
prisoner's discharge or release after 7 p.m. and before 7 a.m.;
(2) if applicable, the date and time the operator
received a release order or similar document from a court or other
authority; and
(3) the date and time of the prisoner's discharge or
release.
SECTION 2. The Commission on Jail Standards shall adopt the
rules required by Section 511.0098, Government Code, as added by
this Act, not later than January 1, 2012.
SECTION 3. This Act takes effect September 1, 2011.