By: Davis S.B. No. 1014
(Marquez)
A BILL TO BE ENTITLED
AN ACT
relating to the discharge of a prisoner from a county jail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 43.13, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsections (c), (d),
(e), and (f) to read as follows:
(b) A defendant convicted of a misdemeanor and sentenced to
a term of confinement [of more than 30 days] discharges the
defendant's sentence at any time beginning at [between the hours
of] 6 a.m. and ending at 7 p.m. on the day of discharge.
(c) Except as provided by Subsections (d) and (e), the
sheriff or other county jail administrator shall release a
defendant at any time beginning at 6 a.m. and ending at 7 p.m. on the
day the defendant discharges the defendant's sentence.
(d) The sheriff or other county jail administrator may:
(1) credit a defendant who will discharge the
defendant's sentence and be released from the county jail at 12:01
a.m. with not more than 18 hours of time served; and
(2) release the defendant at any time beginning at 6
a.m. and ending at 7 p.m. on the day preceding the day on which the
defendant discharges the defendant's sentence.
(e) A sheriff or other county jail administrator may release
a defendant from county jail after 7 p.m. and before 6 a.m. if the
defendant:
(1) agrees to or requests a release after 7 p.m. and
before 6 a.m.;
(2) is being released at that time pursuant to an order
from a court;
(3) is subject to an arrest warrant issued by another
county and is being released for purposes of executing that arrest
warrant;
(4) is 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; or
(5) is being admitted to an inpatient mental health
facility or a state supported living center for court-ordered
mental health or mental retardation services.
(f) Subsection (e)(1) does not apply if a health care
professional has determined that the defendant lacks the mental
capacity to agree to or request a release.
SECTION 2. Section 511.009, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The commission may monitor compliance with the
provisions of Article 43.13, Code of Criminal Procedure, relating
to the release of a prisoner from county jail.
SECTION 3. This Act takes effect September 1, 2011.