| 1 | 1 | | 86R8541 MAW-D |
|---|
| 2 | 2 | | By: Miller H.B. No. 3270 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the discharge of a prisoner from a county jail. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Article 43.13, Code of Criminal Procedure, is |
|---|
| 10 | 10 | | amended by amending Subsection (b) and adding Subsections (c), (d), |
|---|
| 11 | 11 | | and (e) to read as follows: |
|---|
| 12 | 12 | | (b) A defendant convicted of a misdemeanor and sentenced to |
|---|
| 13 | 13 | | a term of confinement [of more than 30 days] discharges the |
|---|
| 14 | 14 | | defendant's sentence at any time beginning at [between the hours |
|---|
| 15 | 15 | | of] 6 a.m. and ending at 5 p.m. [7 p.m.] on the day of discharge. |
|---|
| 16 | 16 | | (c) Except as provided by Subsections (d) and (e), the |
|---|
| 17 | 17 | | sheriff or other county jail administrator shall release a |
|---|
| 18 | 18 | | defendant, other than a defendant who is reasonably suspected to be |
|---|
| 19 | 19 | | a person with mental illness, at any time beginning at 6 a.m. and |
|---|
| 20 | 20 | | ending at 5 p.m. on the day the defendant discharges the defendant's |
|---|
| 21 | 21 | | sentence. |
|---|
| 22 | 22 | | (d) The sheriff or other county jail administrator may: |
|---|
| 23 | 23 | | (1) credit a defendant with not more than 18 hours of |
|---|
| 24 | 24 | | time served; and |
|---|
| 25 | 25 | | (2) release the defendant at any time beginning at 6 |
|---|
| 26 | 26 | | a.m. and ending at 5 p.m. on the day preceding the day on which the |
|---|
| 27 | 27 | | defendant discharges the defendant's sentence. |
|---|
| 28 | 28 | | (e) A sheriff or other county jail administrator may release |
|---|
| 29 | 29 | | a defendant from county jail after 5 p.m. and before 6 a.m. if the |
|---|
| 30 | 30 | | defendant: |
|---|
| 31 | 31 | | (1) agrees to or requests a release after 5 p.m. and |
|---|
| 32 | 32 | | before 6 a.m.; |
|---|
| 33 | 33 | | (2) is subject to an arrest warrant issued by another |
|---|
| 34 | 34 | | county and is being released for purposes of executing that arrest |
|---|
| 35 | 35 | | warrant; |
|---|
| 36 | 36 | | (3) is being transferred to the custody of another |
|---|
| 37 | 37 | | state, a unit of the federal government, or a facility operated by |
|---|
| 38 | 38 | | or under contract with the Texas Department of Criminal Justice; or |
|---|
| 39 | 39 | | (4) is being admitted to an inpatient mental health |
|---|
| 40 | 40 | | facility or a state supported living center for court-ordered |
|---|
| 41 | 41 | | mental health or intellectual disability services. |
|---|
| 42 | 42 | | SECTION 2. Section 511.009, Government Code, is amended by |
|---|
| 43 | 43 | | adding Subsection (e) to read as follows: |
|---|
| 44 | 44 | | (e) The commission may monitor compliance with the |
|---|
| 45 | 45 | | provisions of Article 43.13, Code of Criminal Procedure, relating |
|---|
| 46 | 46 | | to the release of a prisoner from county jail. |
|---|
| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|