Texas 2023 - 88th Regular

Texas House Bill HB3363 Compare Versions

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Version 2 (New)

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1	1	88R20154 MCF-D
2	2	By: Frank, Murr, Sherman, Sr., Rogers, H.B. No. 3363
3	3	et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the confinement or detention of certain individuals in
9	9	a county jail or other facility operated by or for the county and to
10	10	the compensation to the county for the costs of that confinement or
11	11	detention.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter A, Chapter 46B, Code of Criminal
14	14	Procedure, is amended by adding Article 46B.014 to read as follows:
15	15	Art. 46B.014. TRANSFER TO COMMISSION; COMPENSATION TO
16	16	COUNTIES. (a) The commission shall take custody of a defendant
17	17	awaiting transfer under an order issued under Article 46B.073 to a
18	18	facility operated by or under contract with the commission, not
19	19	later than the 45th day following the date the order is issued.
20	20	(b) If the commission does not take custody of a defendant
21	21	within the period prescribed by Subsection (a), the commission
22	22	shall compensate the county for the cost of confinement for each day
23	23	that the defendant remains confined in the county jail following
24	24	the expiration of that period. The compensation must be equal to
25	25	the amount that would have been incurred by the commission to
26	26	confine the defendant for that period.
27	27	SECTION 2. Section 54.04, Family Code, is amended by adding
28	28	Subsections (s) and (t) to read as follows:
29	29	(s) If the judge orders a disposition under this section
30	30	sentencing a child to commitment in the Texas Juvenile Justice
31	31	Department, the department shall accept custody of the child not
32	32	later than the 45th day after the date on which the judge signs the
33	33	disposition order committing the child to the department.
34	34	(t) If the Texas Juvenile Justice Department does not take
35	35	custody of a child within the period prescribed by Subsection (s),
36	36	the department shall compensate the county for the cost of
37	37	detention for each day that the child remains detained in a facility
38	38	operated by or under contract with the county following the
39	39	expiration of that period. The compensation must be equal to the
40	40	amount that would have been incurred by the department to detain the
41	41	child for that period.
42	42	SECTION 3. Section 499.071, Government Code, is amended to
43	43	read as follows:
44	44	Sec. 499.071. SCHEDULED ADMISSIONS POLICY. The board shall
45	45	adopt and enforce a scheduled admissions policy that requires
46	46	[permits] the department [institutional division] to accept
47	47	persons [inmates] within 45 days of processing as required by
48	48	Section 499.1215 [499.121(c)].
49	49	SECTION 4. Subchapter F, Chapter 499, Government Code, is
50	50	amended by adding Section 499.1215 to read as follows:
51	51	Sec. 499.1215. TRANSFER TO DEPARTMENT; COMPENSATION TO
52	52	COUNTIES. (a) The department shall take custody of a person
53	53	awaiting transfer to the department following conviction of a
54	54	felony not later than the 45th day following the date on which all
55	55	processing required for transfer has been completed.
56	56	(b) If the department does not take custody of a person
57	57	within the period prescribed by Subsection (a), the department
58	58	shall compensate the county for the cost of confinement for each day
59	59	that the person remains confined in the county jail following the
60	60	expiration of that period. The compensation must be equal to the
61	61	amount that would have been incurred by the department to confine
62	62	the person for that period.
63	63	(c) If a person remains confined in the county jail
64	64	following the expiration of the period prescribed by Subsection (a)
65	65	due to a delay caused by the county:
66	66	(1) the county is not entitled to compensation under
67	67	Subsection (b) for any day that the person remains confined due to
68	68	the delay caused by the county; and
69	69	(2) the county and the department shall arrange to
70	70	transfer the person to the department as soon as practicable after
71	71	the delay.
72	72	SECTION 5. Subchapter I, Chapter 508, Government Code, is
73	73	amended by adding Section 508.285 to read as follows:
74	74	Sec. 508.285. TRANSFER TO DEPARTMENT; COMPENSATION TO
75	75	COUNTIES. (a) The department shall take custody of a releasee or
76	76	person described by Section 508.281(a) who is confined only on a
77	77	charge that the releasee or person has committed an administrative
78	78	violation of release not later than the 45th day after the date on
79	79	which all processing required for transfer has been completed.
80	80	(b) If the department does not take custody of a person
81	81	within the period prescribed by Subsection (a), the department
82	82	shall compensate the county for the cost of confinement for each day
83	83	that the person remains confined in the county jail following the
84	84	expiration of that period. The compensation must be equal to the
85	85	amount that would have been incurred by the department to confine
86	86	the person for that period.
87	87	SECTION 6. Section 499.121(c), Government Code, is
88	88	repealed.
89	89	SECTION 7. Not later than December 31, 2023, the Texas Board
90	90	of Criminal Justice shall adopt the scheduled admissions policy
91	91	required by Section 499.071, Government Code, as amended by this
92	92	Act.
93	93	SECTION 8. (a) Article 46B.014, Code of Criminal
94	94	Procedure, as added by this Act, applies only to compensation to a
95	95	county for the cost of a defendant's confinement that occurs on or
96	96	after January 1, 2024, regardless of whether the order of
97	97	commitment is issued before, on, or after that date.
98	98	(b) Section 54.04, Family Code, as amended by this Act,
99	99	applies only to compensation to a county for the cost of a child's
100	100	detention that occurs on or after January 1, 2024, regardless of
101	101	whether the disposition order is issued before, on, or after that
102	102	date.
103	103	(c) Sections 499.1215 and 508.285, Government Code, as
104	104	added by this Act, apply only to compensation to a county for the
105	105	cost of confinement of a person that occurs on or after January 1,
106	106	2024, regardless of whether all processing required for transfer of
107	107	the person to the Texas Department of Criminal Justice is completed
108	108	before, on, or after that date.
109	109	SECTION 9. This Act takes effect immediately if it receives
110	110	a vote of two-thirds of all the members elected to each house, as
111	111	provided by Section 39, Article III, Texas Constitution. If this
112	112	Act does not receive the vote necessary for immediate effect, this
113	113	Act takes effect September 1, 2023.