| 1 | 1 | | 88R19697 MCF-D |
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| 2 | 2 | | By: Harless, Spiller, Herrero, Swanson, H.B. No. 1563 |
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| 3 | 3 | | Anderson, et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the confinement in a county jail of a person pending a |
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| 9 | 9 | | transfer to the Texas Department of Criminal Justice and to the |
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| 10 | 10 | | compensation for certain costs of confinement. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 499.071, Government Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 499.071. SCHEDULED ADMISSIONS POLICY. The board shall |
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| 15 | 15 | | adopt and enforce a scheduled admissions policy that requires |
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| 16 | 16 | | [permits] the department [institutional division] to accept |
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| 17 | 17 | | persons [inmates] within 45 days of processing as required by |
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| 18 | 18 | | Section 499.1215 [499.121(c)]. |
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| 19 | 19 | | SECTION 2. Subchapter F, Chapter 499, Government Code, is |
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| 20 | 20 | | amended by adding Section 499.1215 to read as follows: |
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| 21 | 21 | | Sec. 499.1215. TRANSFER TO DEPARTMENT; COMPENSATION TO |
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| 22 | 22 | | COUNTIES. (a) The department shall accept custody of a person |
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| 23 | 23 | | awaiting transfer to the department following conviction of a |
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| 24 | 24 | | felony, including a state jail felony, not later than the 45th day |
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| 25 | 25 | | following the date on which all documents required by Sections 8(a) |
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| 26 | 26 | | and (c), Article 42.09, Code of Criminal Procedure, have been |
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| 27 | 27 | | received by the department and certified as provided by Section |
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| 28 | 28 | | 8(b) of that article. |
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| 29 | 29 | | (b) Except as provided by Subsection (c), if the department |
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| 30 | 30 | | does not take custody of a person within the period prescribed by |
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| 31 | 31 | | Subsection (a), the department shall compensate the county for the |
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| 32 | 32 | | cost of confinement for each day that the person remains confined in |
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| 33 | 33 | | the county jail following the expiration of that period. The |
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| 34 | 34 | | compensation must be equal to the amount that would have been |
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| 35 | 35 | | incurred by the department to confine the person for that period. |
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| 36 | 36 | | (c) If a person remains confined in the county jail |
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| 37 | 37 | | following the expiration of the period prescribed by Subsection (a) |
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| 38 | 38 | | due to a delay caused by the county: |
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| 39 | 39 | | (1) the county is not entitled to compensation under |
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| 40 | 40 | | Subsection (b) for any day that the person remains confined due to |
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| 41 | 41 | | the delay caused by the county; and |
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| 42 | 42 | | (2) the county and the department shall arrange to |
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| 43 | 43 | | transfer the person to the department as soon as practicable after |
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| 44 | 44 | | the delay. |
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| 45 | 45 | | SECTION 3. Section 8(b), Article 42.09, Code of Criminal |
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| 46 | 46 | | Procedure, is amended to read as follows: |
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| 47 | 47 | | (b) The Texas Department of Criminal Justice shall not take |
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| 48 | 48 | | a defendant into custody under this article until the designated |
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| 49 | 49 | | officer receives the documents required by Subsections (a) and (c) |
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| 50 | 50 | | of this section and determines that the documents do not contain any |
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| 51 | 51 | | errors or deficiencies requiring corrective action by the county. |
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| 52 | 52 | | If the designated officer determines the documents do not require |
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| 53 | 53 | | any corrective action, the [The] designated officer shall certify |
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| 54 | 54 | | under the seal of the department the documents received under |
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| 55 | 55 | | Subsections (a) and (c) of this section. A document certified under |
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| 56 | 56 | | this subsection is self-authenticated for the purposes of Rules 901 |
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| 57 | 57 | | and 902, Texas Rules of Evidence. |
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| 58 | 58 | | SECTION 4. Section 499.121(c), Government Code, is |
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| 59 | 59 | | repealed. |
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| 60 | 60 | | SECTION 5. Not later than December 31, 2023, the Texas Board |
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| 61 | 61 | | of Criminal Justice shall adopt the scheduled admissions policy |
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| 62 | 62 | | required by Section 499.071, Government Code, as amended by this |
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| 63 | 63 | | Act. |
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| 64 | 64 | | SECTION 6. Section 499.1215, Government Code, as added by |
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| 65 | 65 | | this Act, applies only to compensation to a county for the cost of |
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| 66 | 66 | | confinement of a person that occurs on or after January 1, 2024, |
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| 67 | 67 | | regardless of whether the requirements under that section for |
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| 68 | 68 | | transfer of the person to the Texas Department of Criminal Justice |
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| 69 | 69 | | are completed before, on, or after that date. |
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| 70 | 70 | | SECTION 7. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2023. |
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