| 1 | 1 | | 88R4316 MCF-D |
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| 2 | 2 | | By: Hall S.B. No. 318 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the confinement in a county jail of a person pending a |
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| 8 | 8 | | transfer to the Texas Department of Criminal Justice and to the |
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| 9 | 9 | | compensation for certain costs of confinement. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 499.071, Government Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 499.071. SCHEDULED ADMISSIONS POLICY. The board shall |
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| 14 | 14 | | adopt and enforce a scheduled admissions policy that requires |
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| 15 | 15 | | [permits] the department [institutional division] to accept |
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| 16 | 16 | | persons [inmates] within 45 days of processing as required by |
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| 17 | 17 | | Section 499.1215 [499.121(c)]. |
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| 18 | 18 | | SECTION 2. Subchapter F, Chapter 499, Government Code, is |
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| 19 | 19 | | amended by adding Section 499.1215 to read as follows: |
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| 20 | 20 | | Sec. 499.1215. TRANSFER TO DEPARTMENT; COMPENSATION TO |
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| 21 | 21 | | COUNTIES. (a) The department shall take custody of a person |
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| 22 | 22 | | awaiting transfer to the department following conviction of a |
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| 23 | 23 | | felony not later than the 45th day following the date on which all |
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| 24 | 24 | | processing required for transfer has been completed. |
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| 25 | 25 | | (b) If the department does not take custody of a person |
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| 26 | 26 | | within the period prescribed by Subsection (a), the department |
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| 27 | 27 | | shall compensate the county for the cost of confinement for each day |
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| 28 | 28 | | that the person remains confined in the county jail following the |
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| 29 | 29 | | expiration of that period. The compensation must be equal to the |
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| 30 | 30 | | amount that would have been incurred by the department to confine |
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| 31 | 31 | | the person for that period. |
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| 32 | 32 | | SECTION 3. Section 499.121(c), Government Code, is |
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| 33 | 33 | | repealed. |
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| 34 | 34 | | SECTION 4. Not later than December 31, 2023, the Texas Board |
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| 35 | 35 | | of Criminal Justice shall adopt the scheduled admissions policy |
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| 36 | 36 | | required by Section 499.071, Government Code, as amended by this |
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| 37 | 37 | | Act. |
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| 38 | 38 | | SECTION 5. Section 499.1215, Government Code, as added by |
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| 39 | 39 | | this Act, applies only to compensation to a county for the cost of |
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| 40 | 40 | | confinement of a person that occurs on or after January 1, 2024, |
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| 41 | 41 | | regardless of whether all processing required for transfer of the |
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| 42 | 42 | | person to the Texas Department of Criminal Justice is completed |
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| 43 | 43 | | before, on, or after that date. |
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| 44 | 44 | | SECTION 6. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2023. |
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