| 1 | 1 | | 88R20227 MCF-D |
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| 2 | 2 | | By: Craddick, Cook, Martinez Fischer, Dutton, H.B. No. 458 |
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| 3 | 3 | | Talarico, 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 period within which the Texas Juvenile Justice |
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| 9 | 9 | | Department must accept custody of a person committed to the |
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| 10 | 10 | | department and to the consequences for the failure of the |
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| 11 | 11 | | department to accept custody of the person within that period. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 54.04, Family Code, is amended by adding |
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| 14 | 14 | | Subsections (s) and (t) to read as follows: |
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| 15 | 15 | | (s) If the judge orders a disposition under this section |
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| 16 | 16 | | sentencing a person to commitment in the Texas Juvenile Justice |
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| 17 | 17 | | Department, the department shall accept custody of the person not |
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| 18 | 18 | | later than the 30th day after the date on which the judge signs the |
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| 19 | 19 | | disposition order committing the person to the department. |
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| 20 | 20 | | (t) If the Texas Juvenile Justice Department does not take |
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| 21 | 21 | | custody of a person within the period prescribed by Subsection (s), |
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| 22 | 22 | | the department shall compensate the county for the cost of |
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| 23 | 23 | | detention for each day that the person remains detained in a |
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| 24 | 24 | | facility operated by or under contract with the county following |
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| 25 | 25 | | the expiration of that period. The compensation must be equal to |
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| 26 | 26 | | the amount that would have been incurred by the department to detain |
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| 27 | 27 | | the person for that period. |
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| 28 | 28 | | SECTION 2. Section 243.002, Human Resources Code, is |
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| 29 | 29 | | amended by adding Subsection (c) to read as follows: |
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| 30 | 30 | | (c) Beginning on the 31st day after the date the child is |
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| 31 | 31 | | committed to the department, the department shall give credit |
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| 32 | 32 | | toward the minimum length of stay established for the child for time |
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| 33 | 33 | | spent in a pre-adjudication secure detention facility before the |
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| 34 | 34 | | child's transfer to the department. |
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| 35 | 35 | | SECTION 3. This Act takes effect January 1, 2024. |
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