| 1 | 1 | | 88R20032 EAS-D |
|---|
| 2 | 2 | | By: Hinojosa, Hayes, Kacal, Rose, Anderson H.B. No. 479 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the period for transporting a criminal defendant who is |
|---|
| 8 | 8 | | found incompetent to stand trial to a facility for competency |
|---|
| 9 | 9 | | restoration services and to the compensation to the county for the |
|---|
| 10 | 10 | | costs of confinement occurring after that period. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subchapter D, Chapter 46B, Code of Criminal |
|---|
| 13 | 13 | | Procedure, is amended by adding Article 46B.0753 to read as |
|---|
| 14 | 14 | | follows: |
|---|
| 15 | 15 | | Art. 46B.0753. TRANSFER TO COMMISSION; COMPENSATION TO |
|---|
| 16 | 16 | | COUNTIES. (a) The commission shall take custody of a defendant |
|---|
| 17 | 17 | | awaiting transfer to a mental health facility operated by or under |
|---|
| 18 | 18 | | contract with the commission not later than the 21st day following |
|---|
| 19 | 19 | | the date the court delivered a signed order of commitment under |
|---|
| 20 | 20 | | Article 46B.076. |
|---|
| 21 | 21 | | (b) If the commission does not take custody of a defendant |
|---|
| 22 | 22 | | within the period prescribed by Subsection (a), the commission |
|---|
| 23 | 23 | | shall: |
|---|
| 24 | 24 | | (1) evaluate the overall health of the defendant in |
|---|
| 25 | 25 | | person at least once a week until the defendant is transferred to |
|---|
| 26 | 26 | | the appropriate mental health facility; and |
|---|
| 27 | 27 | | (2) compensate the county for the cost of confinement |
|---|
| 28 | 28 | | for each day that the defendant remains confined in the county jail |
|---|
| 29 | 29 | | following the expiration of that period. |
|---|
| 30 | 30 | | (c) The compensation described by Subsection (b)(2) must be |
|---|
| 31 | 31 | | equal to the amount that would have been incurred by the commission |
|---|
| 32 | 32 | | to confine the defendant for that period. |
|---|
| 33 | 33 | | SECTION 2. (a) The change in law made by this Act applies to |
|---|
| 34 | 34 | | a defendant for whom an order of commitment is issued before, on, or |
|---|
| 35 | 35 | | after the effective date of this Act. |
|---|
| 36 | 36 | | (b) Notwithstanding Article 46B.0753(a), Code of Criminal |
|---|
| 37 | 37 | | Procedure, as added by this Act, for a defendant who, on the |
|---|
| 38 | 38 | | effective date of this Act, is confined in a county jail and |
|---|
| 39 | 39 | | awaiting transfer to a mental health facility under an order of |
|---|
| 40 | 40 | | commitment, the 21-day period provided by that subsection for the |
|---|
| 41 | 41 | | Health and Human Services Commission to take custody of the |
|---|
| 42 | 42 | | defendant begins on the effective date of this Act. |
|---|
| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|