88R20154 MCF-D
By: Frank, Murr, Sherman, Sr. H.B. No. 3363
Substitute the following for H.B. No. 3363:
By: Herrero C.S.H.B. No. 3363
A BILL TO BE ENTITLED
AN ACT
relating to the confinement or detention of certain individuals in
a county jail or other facility operated by or for the county and to
the compensation to the county for the costs of that confinement or
detention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.014 to read as follows:
Art. 46B.014. TRANSFER TO COMMISSION; COMPENSATION TO
COUNTIES. (a) The commission shall take custody of a defendant
awaiting transfer under an order issued under Article 46B.073 to a
facility operated by or under contract with the commission, not
later than the 45th day following the date the order is issued.
(b) If the commission does not take custody of a defendant
within the period prescribed by Subsection (a), the commission
shall compensate the county for the cost of confinement for each day
that the defendant remains confined in the county jail following
the expiration of that period. The compensation must be equal to
the amount that would have been incurred by the commission to
confine the defendant for that period.
SECTION 2. Section 54.04, Family Code, is amended by adding
Subsections (s) and (t) to read as follows:
(s) If the judge orders a disposition under this section
sentencing a child to commitment in the Texas Juvenile Justice
Department, the department shall accept custody of the child not
later than the 45th day after the date on which the judge signs the
disposition order committing the child to the department.
(t) If the Texas Juvenile Justice Department does not take
custody of a child within the period prescribed by Subsection (s),
the department shall compensate the county for the cost of
detention for each day that the child remains detained in a facility
operated by or under contract with the county following the
expiration of that period. The compensation must be equal to the
amount that would have been incurred by the department to detain the
child for that period.
SECTION 3. Section 499.071, Government Code, is amended to
read as follows:
Sec. 499.071. SCHEDULED ADMISSIONS POLICY. The board shall
adopt and enforce a scheduled admissions policy that requires
[permits] the department [institutional division] to accept
persons [inmates] within 45 days of processing as required by
Section 499.1215 [499.121(c)].
SECTION 4. Subchapter F, Chapter 499, Government Code, is
amended by adding Section 499.1215 to read as follows:
Sec. 499.1215. TRANSFER TO DEPARTMENT; COMPENSATION TO
COUNTIES. (a) The department shall take custody of a person
awaiting transfer to the department following conviction of a
felony not later than the 45th day following the date on which all
processing required for transfer has been completed.
(b) If the department does not take custody of a person
within the period prescribed by Subsection (a), the department
shall compensate the county for the cost of confinement for each day
that the person remains confined in the county jail following the
expiration of that period. The compensation must be equal to the
amount that would have been incurred by the department to confine
the person for that period.
(c) If a person remains confined in the county jail
following the expiration of the period prescribed by Subsection (a)
due to a delay caused by the county:
(1) the county is not entitled to compensation under
Subsection (b) for any day that the person remains confined due to
the delay caused by the county; and
(2) the county and the department shall arrange to
transfer the person to the department as soon as practicable after
the delay.
SECTION 5. Subchapter I, Chapter 508, Government Code, is
amended by adding Section 508.285 to read as follows:
Sec. 508.285. TRANSFER TO DEPARTMENT; COMPENSATION TO
COUNTIES. (a) The department shall take custody of a releasee or
person described by Section 508.281(a) who is confined only on a
charge that the releasee or person has committed an administrative
violation of release not later than the 45th day after the date on
which all processing required for transfer has been completed.
(b) If the department does not take custody of a person
within the period prescribed by Subsection (a), the department
shall compensate the county for the cost of confinement for each day
that the person remains confined in the county jail following the
expiration of that period. The compensation must be equal to the
amount that would have been incurred by the department to confine
the person for that period.
SECTION 6. Section 499.121(c), Government Code, is
repealed.
SECTION 7. Not later than December 31, 2023, the Texas Board
of Criminal Justice shall adopt the scheduled admissions policy
required by Section 499.071, Government Code, as amended by this
Act.
SECTION 8. (a) Article 46B.014, Code of Criminal
Procedure, as added by this Act, applies only to compensation to a
county for the cost of a defendant's confinement that occurs on or
after January 1, 2024, regardless of whether the order of
commitment is issued before, on, or after that date.
(b) Section 54.04, Family Code, as amended by this Act,
applies only to compensation to a county for the cost of a child's
detention that occurs on or after January 1, 2024, regardless of
whether the disposition order is issued before, on, or after that
date.
(c) Sections 499.1215 and 508.285, Government Code, as
added by this Act, apply only to compensation to a county for the
cost of confinement of a person that occurs on or after January 1,
2024, regardless of whether all processing required for transfer of
the person to the Texas Department of Criminal Justice is completed
before, on, or after that date.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.