1 | 1 | | By: Zaffirini S.B. No. 1888 |
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2 | 2 | | (Coleman) |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to a requirement that a county report the number of certain |
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8 | 8 | | persons with mental illness detained in that county's jail. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 511.0101(a), Government Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (a) Each county shall submit to the commission on or before |
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13 | 13 | | the fifth day of each month a report containing the following |
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14 | 14 | | information: |
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15 | 15 | | (1) the number of prisoners confined in the county |
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16 | 16 | | jail on the first day of the month, classified on the basis of the |
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17 | 17 | | following categories: |
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18 | 18 | | (A) total prisoners; |
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19 | 19 | | (B) pretrial Class C misdemeanor offenders; |
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20 | 20 | | (C) pretrial Class A and B misdemeanor offenders; |
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21 | 21 | | (D) convicted misdemeanor offenders; |
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22 | 22 | | (E) felony offenders whose penalty has been |
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23 | 23 | | reduced to a misdemeanor; |
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24 | 24 | | (F) pretrial felony offenders; |
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25 | 25 | | (G) convicted felony offenders; |
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26 | 26 | | (H) prisoners detained on bench warrants; |
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27 | 27 | | (I) prisoners detained for parole violations; |
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28 | 28 | | (J) prisoners detained for federal officers; |
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29 | 29 | | (K) prisoners awaiting transfer to the |
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30 | 30 | | institutional division of the Texas Department of Criminal Justice |
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31 | 31 | | following conviction of a felony or revocation of probation, |
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32 | 32 | | parole, or release on mandatory supervision and for whom paperwork |
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33 | 33 | | and processing required for transfer have been completed; |
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34 | 34 | | (L) prisoners detained after having been |
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35 | 35 | | transferred from another jail and for whom the commission has made a |
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36 | 36 | | payment under Subchapter F, Chapter 499[, Government Code]; |
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37 | 37 | | (M) prisoners for whom an immigration detainer |
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38 | 38 | | has been issued by United States Immigration and Customs |
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39 | 39 | | Enforcement; and |
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40 | 40 | | (N) other prisoners; |
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41 | 41 | | (2) the total capacity of the county jail on the first |
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42 | 42 | | day of the month; |
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43 | 43 | | (3) the total number of prisoners who were confined in |
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44 | 44 | | the county jail during the preceding month, based on a count |
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45 | 45 | | conducted on each day of that month, who were known or had been |
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46 | 46 | | determined to be pregnant; |
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47 | 47 | | (3-a) the total number of prisoners who were confined |
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48 | 48 | | in the county jail during the preceding month who were not charged |
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49 | 49 | | with a criminal offense and were apprehended by a peace officer: |
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50 | 50 | | (A) for emergency detention without a warrant |
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51 | 51 | | under Section 573.001, Health and Safety Code; |
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52 | 52 | | (B) for emergency detention with a warrant issued |
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53 | 53 | | under Section 573.012, Health and Safety Code; or |
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54 | 54 | | (C) for protective custody with an order issued |
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55 | 55 | | under Section 574.022, Health and Safety Code; |
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56 | 56 | | (4) the total cost to the county during the preceding |
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57 | 57 | | month of housing prisoners described by Subdivision (1)(M), |
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58 | 58 | | calculated based on the average daily cost of housing a prisoner in |
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59 | 59 | | the county jail; and |
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60 | 60 | | (5) certification by the reporting official that the |
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61 | 61 | | information in the report is accurate. |
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62 | 62 | | SECTION 2. This Act takes effect September 1, 2015. |
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63 | 63 | | COMMITTEE AMENDMENT NO. 1 |
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64 | 64 | | Amend S.B. No. 1888 (senate engrossed version) as follows: |
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65 | 65 | | (1) On page 1, line 5, strike "511.0101(a)" and substitute |
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66 | 66 | | "511.0101". |
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67 | 67 | | (2) On page 1, lines 5 and 6, between "amended" and "to", |
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68 | 68 | | insert "by amending Subsection (a) and adding Subsection (c)". |
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69 | 69 | | (3) On page 3, between lines 5 and 6, insert the following: |
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70 | 70 | | (c) The information used to prepare the portions of the |
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71 | 71 | | report required by Subsection (a)(3-a) is not public information |
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72 | 72 | | and is not subject to disclosure under Chapter 552. |
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73 | 73 | | 84R29434 LEH-FFarias |
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