89R15572 MCF-D
By: Olcott H.B. No. 4878
A BILL TO BE ENTITLED
AN ACT
relating to reporting regarding the confinement in the Texas
Department of Criminal Justice or a county jail of certain persons
not lawfully present.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Section 493.01505 to read as follows:
Sec. 493.01505. REPORT REGARDING ILLEGAL CRIMINAL ALIENS.
(a) In this section, "illegal criminal alien" has the meaning
assigned by Section 493.015.
(b) Not later than January 31 of each year, the department
shall prepare and submit to the governor, the lieutenant governor,
and each member of the legislature a written report on the
confinement, during the preceding year, of illegal criminal aliens
in facilities operated by or under contract with the department.
The report must include:
(1) the number of illegal criminal aliens confined and
the total cost to confine those aliens;
(2) the percentage of each facility's capacity that is
occupied by illegal criminal aliens;
(3) the estimated cost to confine all illegal criminal
aliens for the remainder of each alien's sentence; and
(4) other information regarding the total impact of
illegal criminal aliens on each facility.
SECTION 2. Section 511.0101(a), Government Code, is amended
to read as follows:
(a) Each county shall submit to the commission on or before
the fifth day of each month a report containing the following
information:
(1) the number of prisoners confined in the county
jail on the first day of the month, classified on the basis of the
following categories:
(A) total prisoners;
(B) pretrial Class C misdemeanor offenders;
(C) pretrial Class A and B misdemeanor offenders;
(D) convicted misdemeanor offenders;
(E) felony offenders whose penalty has been
reduced to a misdemeanor;
(F) pretrial felony offenders;
(G) convicted felony offenders;
(H) prisoners detained on bench warrants;
(I) prisoners detained for parole violations;
(J) prisoners detained for federal officers;
(K) prisoners awaiting transfer to the
institutional division of the Texas Department of Criminal Justice
following conviction of a felony or revocation of probation,
parole, or release on mandatory supervision and for whom paperwork
and processing required for transfer have been completed;
(L) prisoners detained after having been
transferred from another jail and for whom the commission has made a
payment under Subchapter F, Chapter 499, Government Code;
(M) prisoners for whom an immigration detainer
has been issued by United States Immigration and Customs
Enforcement;
(N) prisoners who are not:
(i) a citizen or national of the United
States; or
(ii) an alien who is lawfully admitted for
permanent residence in the United States under the federal
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or
authorized to be employed by that act or the United States attorney
general;
(O) female prisoners; and
(P) [(O)] other prisoners;
(2) the total capacity of the county jail on the first
day of the month;
(3) the total number of prisoners who were confined in
the county jail during the preceding month, based on a count
conducted on each day of that month, who were known or had been
determined to be pregnant;
(4) the total cost to the county during the preceding
month of housing prisoners described by Subdivision (1)(M),
calculated based on the average daily cost of housing a prisoner in
the county jail; [and]
(5) for prisoners described by Subdivision (1)(N):
(A) the total cost to the county during the
preceding month and the estimated cost to the county for the current
month of housing those prisoners calculated based on the average
daily cost of housing a prisoner in the county jail; and
(B) the total impact of prisoners described by
Subdivision (1)(N) in the county jail; and
(6) certification by the reporting official that the
information in the report is accurate.
SECTION 3. Chapter 511, Government Code, is amended by
adding Section 511.01021 to read as follows:
Sec. 511.01021. REPORT REGARDING PRISONERS NOT LAWFULLY
PRESENT. Not later than January 31 of each year, the commission
shall:
(1) aggregate the information submitted to the
commission under Sections 511.0101(a)(1)(N) and (a)(5); and
(2) submit to the governor, the lieutenant governor,
and each member of the legislature a report for the preceding year
on the information aggregated under Subdivision (1).
SECTION 4. (a) Notwithstanding Section 493.01505,
Government Code, as added by this Act, the Texas Department of
Criminal Justice is not required to submit the initial report
required by that section until January 31, 2027.
(b) Notwithstanding Section 511.01021, Government Code, as
added by this Act, the Commission on Jail Standards is not required
to submit the initial report required by that section until January
31, 2027.
SECTION 5. This Act takes effect September 1, 2025.