| 1 | 1 | | 89R9519 MCF-D |
|---|
| 2 | 2 | | By: Eckhardt S.B. No. 1785 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the confinement in a county jail of certain defendants |
|---|
| 10 | 10 | | who are incompetent to stand trial and to the compensation to the |
|---|
| 11 | 11 | | county for the costs of that confinement and of the provision of |
|---|
| 12 | 12 | | jail-based competency restoration services. |
|---|
| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Subchapter A, Chapter 46B, Code of Criminal |
|---|
| 15 | 15 | | Procedure, is amended by adding Article 46B.014 to read as follows: |
|---|
| 16 | 16 | | Art. 46B.014. TRANSFER TO COMMISSION; COMPENSATION TO |
|---|
| 17 | 17 | | COUNTIES. (a) The commission shall take custody of a defendant |
|---|
| 18 | 18 | | awaiting transfer under an order issued under Article 46B.073 to a |
|---|
| 19 | 19 | | facility operated by or under contract with the commission, not |
|---|
| 20 | 20 | | later than the 45th day following the date the order is issued. |
|---|
| 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 compensate the county for the cost of confinement for each day |
|---|
| 24 | 24 | | that the defendant remains confined in the county jail following |
|---|
| 25 | 25 | | the expiration of that period. The compensation must be equal to |
|---|
| 26 | 26 | | the amount that would have been incurred by the commission to |
|---|
| 27 | 27 | | confine the defendant for that period. |
|---|
| 28 | 28 | | SECTION 2. Article 46B.091, Code of Criminal Procedure, is |
|---|
| 29 | 29 | | amended by adding Subsection (n) to read as follows: |
|---|
| 30 | 30 | | (n) A county is entitled to compensation from the commission |
|---|
| 31 | 31 | | for providing jail-based competency restoration services under |
|---|
| 32 | 32 | | this article. Not later than the 15th day of each quarter of a |
|---|
| 33 | 33 | | county's fiscal year, the county judge shall certify to the |
|---|
| 34 | 34 | | comptroller of public accounts the amount of the county's expenses |
|---|
| 35 | 35 | | that were incurred during the preceding fiscal quarter for |
|---|
| 36 | 36 | | jail-based competency restoration services. The comptroller shall |
|---|
| 37 | 37 | | issue a warrant in that amount to the commissioners court of the |
|---|
| 38 | 38 | | county. |
|---|
| 39 | 39 | | SECTION 3. Article 46B.014, Code of Criminal Procedure, as |
|---|
| 40 | 40 | | added by this Act, applies only to compensation to a county for the |
|---|
| 41 | 41 | | cost of a defendant's confinement that occurs on or after January 1, |
|---|
| 42 | 42 | | 2026, regardless of whether the order of commitment is issued |
|---|
| 43 | 43 | | before, on, or after that date. |
|---|
| 44 | 44 | | SECTION 4. Article 46B.091, Code of Criminal Procedure, as |
|---|
| 45 | 45 | | amended by this Act, applies only with respect to jail-based |
|---|
| 46 | 46 | | competency restoration services provided to a defendant on or after |
|---|
| 47 | 47 | | January 1, 2026. |
|---|
| 48 | 48 | | SECTION 5. This Act takes effect immediately if it receives |
|---|
| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 52 | 52 | | Act takes effect September 1, 2025. |
|---|