88R20032 EAS-D
By: Hinojosa, Hayes, Kacal H.B. No. 479
Substitute the following for H.B. No. 479:
By: Herrero C.S.H.B. No. 479
A BILL TO BE ENTITLED
AN ACT
relating to the period for transporting a criminal defendant who is
found incompetent to stand trial to a facility for competency
restoration services and to the compensation to the county for the
costs of confinement occurring after that period.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 46B, Code of Criminal
Procedure, is amended by adding Article 46B.0753 to read as
follows:
Art. 46B.0753. TRANSFER TO COMMISSION; COMPENSATION TO
COUNTIES. (a) The commission shall take custody of a defendant
awaiting transfer to a mental health facility operated by or under
contract with the commission not later than the 21st day following
the date the court delivered a signed order of commitment under
Article 46B.076.
(b) If the commission does not take custody of a defendant
within the period prescribed by Subsection (a), the commission
shall:
(1) evaluate the overall health of the defendant in
person at least once a week until the defendant is transferred to
the appropriate mental health facility; and
(2) 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.
(c) The compensation described by Subsection (b)(2) must be
equal to the amount that would have been incurred by the commission
to confine the defendant for that period.
SECTION 2. (a) The change in law made by this Act applies to
a defendant for whom an order of commitment is issued before, on, or
after the effective date of this Act.
(b) Notwithstanding Article 46B.0753(a), Code of Criminal
Procedure, as added by this Act, for a defendant who, on the
effective date of this Act, is confined in a county jail and
awaiting transfer to a mental health facility under an order of
commitment, the 21-day period provided by that subsection for the
Health and Human Services Commission to take custody of the
defendant begins on the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.