| 1 | 1 | | 86R183 MAW-D |
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| 2 | 2 | | By: Perry S.B. No. 173 |
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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 requiring the state to reimburse counties for certain |
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| 8 | 8 | | costs incurred in confining certain persons arrested following |
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| 9 | 9 | | release from the Texas Department of Criminal Justice. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter I, Chapter 508, Government Code, is |
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| 12 | 12 | | amended by adding Section 508.285 to read as follows: |
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| 13 | 13 | | Sec. 508.285. REIMBURSEMENT TO COUNTIES. (a) A county is |
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| 14 | 14 | | entitled to reimbursement from the department for the following |
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| 15 | 15 | | amounts for confining a releasee or person described by Section |
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| 16 | 16 | | 508.281(a) in a county jail: |
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| 17 | 17 | | (1) for a releasee or person confined only on a charge |
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| 18 | 18 | | that the releasee or person has committed an administrative |
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| 19 | 19 | | violation of release or confined after an ineligible release: |
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| 20 | 20 | | (A) medical or other special needs expenses |
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| 21 | 21 | | incurred during any day the releasee or person is confined in the |
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| 22 | 22 | | county jail; and |
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| 23 | 23 | | (B) the costs of confinement, other than those |
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| 24 | 24 | | described by Paragraph (A), incurred by the county beginning on the |
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| 25 | 25 | | 16th day of the releasee's or person's confinement in the county |
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| 26 | 26 | | jail; and |
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| 27 | 27 | | (2) for a releasee or person confined following arrest |
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| 28 | 28 | | for the alleged commission of an offense after release: |
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| 29 | 29 | | (A) medical or other special needs expenses |
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| 30 | 30 | | incurred during any day the releasee or person is confined in the |
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| 31 | 31 | | county jail after the date on which the sheriff notifies the |
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| 32 | 32 | | department that: |
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| 33 | 33 | | (i) the releasee or person has discharged |
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| 34 | 34 | | the sentence for the offense; or |
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| 35 | 35 | | (ii) the prosecution of the alleged offense |
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| 36 | 36 | | has been dismissed by the attorney representing the state in the |
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| 37 | 37 | | manner provided by Article 32.02, Code of Criminal Procedure; and |
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| 38 | 38 | | (B) the costs of confinement, other than those |
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| 39 | 39 | | described by Paragraph (A), incurred by the county beginning on the |
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| 40 | 40 | | 16th day the releasee or person is confined in the county jail after |
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| 41 | 41 | | the date on which the sheriff notifies the department that: |
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| 42 | 42 | | (i) the releasee or person has discharged |
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| 43 | 43 | | the sentence for the offense; or |
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| 44 | 44 | | (ii) the prosecution of the alleged offense |
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| 45 | 45 | | has been dismissed by the attorney representing the state in the |
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| 46 | 46 | | manner provided by Article 32.02, Code of Criminal Procedure. |
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| 47 | 47 | | (b) A county shall promptly inform the department that the |
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| 48 | 48 | | county is confining a releasee or person described by Section |
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| 49 | 49 | | 508.281(a). |
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| 50 | 50 | | (c) Not later than the 15th day of each quarter of a county's |
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| 51 | 51 | | fiscal year, the county judge shall certify to the comptroller of |
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| 52 | 52 | | public accounts the amount of medical or other special needs |
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| 53 | 53 | | expenses and costs of confinement incurred during the preceding |
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| 54 | 54 | | fiscal quarter for which the county is entitled to compensation |
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| 55 | 55 | | under Subsection (a). The comptroller shall issue a warrant in that |
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| 56 | 56 | | amount to the commissioners court of the county. |
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| 57 | 57 | | SECTION 2. The change in law made by this Act applies only |
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| 58 | 58 | | to a person who is arrested on or after the effective date of this |
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| 59 | 59 | | Act. A person arrested before the effective date of this Act is |
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| 60 | 60 | | governed by the law in effect on the date the person was arrested, |
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| 61 | 61 | | and the former law is continued in effect for that purpose. |
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| 62 | 62 | | SECTION 3. This Act takes effect September 1, 2019. |
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