86R183 MAW-D
By: Perry S.B. No. 173
A BILL TO BE ENTITLED
AN ACT
relating to requiring the state to reimburse counties for certain
costs incurred in confining certain persons arrested following
release from the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 508, Government Code, is
amended by adding Section 508.285 to read as follows:
Sec. 508.285. REIMBURSEMENT TO COUNTIES. (a) A county is
entitled to reimbursement from the department for the following
amounts for confining a releasee or person described by Section
508.281(a) in a county jail:
(1) for a releasee or person confined only on a charge
that the releasee or person has committed an administrative
violation of release or confined after an ineligible release:
(A) medical or other special needs expenses
incurred during any day the releasee or person is confined in the
county jail; and
(B) the costs of confinement, other than those
described by Paragraph (A), incurred by the county beginning on the
16th day of the releasee's or person's confinement in the county
jail; and
(2) for a releasee or person confined following arrest
for the alleged commission of an offense after release:
(A) medical or other special needs expenses
incurred during any day the releasee or person is confined in the
county jail after the date on which the sheriff notifies the
department that:
(i) the releasee or person has discharged
the sentence for the offense; or
(ii) the prosecution of the alleged offense
has been dismissed by the attorney representing the state in the
manner provided by Article 32.02, Code of Criminal Procedure; and
(B) the costs of confinement, other than those
described by Paragraph (A), incurred by the county beginning on the
16th day the releasee or person is confined in the county jail after
the date on which the sheriff notifies the department that:
(i) the releasee or person has discharged
the sentence for the offense; or
(ii) the prosecution of the alleged offense
has been dismissed by the attorney representing the state in the
manner provided by Article 32.02, Code of Criminal Procedure.
(b) A county shall promptly inform the department that the
county is confining a releasee or person described by Section
508.281(a).
(c) Not later than the 15th day of each quarter of a county's
fiscal year, the county judge shall certify to the comptroller of
public accounts the amount of medical or other special needs
expenses and costs of confinement incurred during the preceding
fiscal quarter for which the county is entitled to compensation
under Subsection (a). The comptroller shall issue a warrant in that
amount to the commissioners court of the county.
SECTION 2. The change in law made by this Act applies only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.