Bill Text: TX HB3363 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the confinement or detention of certain individuals in a county jail or other facility operated by or for the county and to the compensation to the county for the costs of that confinement or detention.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Engrossed - Dead) 2023-05-15 - Referred to Finance [HB3363 Detail]
Download: Texas-2023-HB3363-Engrossed.html
88R20154 MCF-D | ||
By: Frank, Murr, Sherman, Sr., Rogers, | H.B. No. 3363 | |
et al. |
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relating to the confinement or detention of certain individuals in | ||
a county jail or other facility operated by or for the county and to | ||
the compensation to the county for the costs of that confinement or | ||
detention. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 46B, Code of Criminal | ||
Procedure, is amended by adding Article 46B.014 to read as follows: | ||
Art. 46B.014. TRANSFER TO COMMISSION; COMPENSATION TO | ||
COUNTIES. (a) The commission shall take custody of a defendant | ||
awaiting transfer under an order issued under Article 46B.073 to a | ||
facility operated by or under contract with the commission, not | ||
later than the 45th day following the date the order is issued. | ||
(b) If the commission does not take custody of a defendant | ||
within the period prescribed by Subsection (a), the commission | ||
shall 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. The compensation must be equal to | ||
the amount that would have been incurred by the commission to | ||
confine the defendant for that period. | ||
SECTION 2. Section 54.04, Family Code, is amended by adding | ||
Subsections (s) and (t) to read as follows: | ||
(s) If the judge orders a disposition under this section | ||
sentencing a child to commitment in the Texas Juvenile Justice | ||
Department, the department shall accept custody of the child not | ||
later than the 45th day after the date on which the judge signs the | ||
disposition order committing the child to the department. | ||
(t) If the Texas Juvenile Justice Department does not take | ||
custody of a child within the period prescribed by Subsection (s), | ||
the department shall compensate the county for the cost of | ||
detention for each day that the child remains detained in a facility | ||
operated by or under contract with the county following the | ||
expiration of that period. The compensation must be equal to the | ||
amount that would have been incurred by the department to detain the | ||
child for that period. | ||
SECTION 3. Section 499.071, Government Code, is amended to | ||
read as follows: | ||
Sec. 499.071. SCHEDULED ADMISSIONS POLICY. The board shall | ||
adopt and enforce a scheduled admissions policy that requires | ||
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persons [ |
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Section 499.1215 [ |
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SECTION 4. Subchapter F, Chapter 499, Government Code, is | ||
amended by adding Section 499.1215 to read as follows: | ||
Sec. 499.1215. TRANSFER TO DEPARTMENT; COMPENSATION TO | ||
COUNTIES. (a) The department shall take custody of a person | ||
awaiting transfer to the department following conviction of a | ||
felony not later than the 45th day following the date on which all | ||
processing required for transfer has been completed. | ||
(b) If the department does not take custody of a person | ||
within the period prescribed by Subsection (a), the department | ||
shall compensate the county for the cost of confinement for each day | ||
that the person remains confined in the county jail following the | ||
expiration of that period. The compensation must be equal to the | ||
amount that would have been incurred by the department to confine | ||
the person for that period. | ||
(c) If a person remains confined in the county jail | ||
following the expiration of the period prescribed by Subsection (a) | ||
due to a delay caused by the county: | ||
(1) the county is not entitled to compensation under | ||
Subsection (b) for any day that the person remains confined due to | ||
the delay caused by the county; and | ||
(2) the county and the department shall arrange to | ||
transfer the person to the department as soon as practicable after | ||
the delay. | ||
SECTION 5. Subchapter I, Chapter 508, Government Code, is | ||
amended by adding Section 508.285 to read as follows: | ||
Sec. 508.285. TRANSFER TO DEPARTMENT; COMPENSATION TO | ||
COUNTIES. (a) The department shall take custody of a releasee or | ||
person described by Section 508.281(a) who is confined only on a | ||
charge that the releasee or person has committed an administrative | ||
violation of release not later than the 45th day after the date on | ||
which all processing required for transfer has been completed. | ||
(b) If the department does not take custody of a person | ||
within the period prescribed by Subsection (a), the department | ||
shall compensate the county for the cost of confinement for each day | ||
that the person remains confined in the county jail following the | ||
expiration of that period. The compensation must be equal to the | ||
amount that would have been incurred by the department to confine | ||
the person for that period. | ||
SECTION 6. Section 499.121(c), Government Code, is | ||
repealed. | ||
SECTION 7. Not later than December 31, 2023, the Texas Board | ||
of Criminal Justice shall adopt the scheduled admissions policy | ||
required by Section 499.071, Government Code, as amended by this | ||
Act. | ||
SECTION 8. (a) Article 46B.014, Code of Criminal | ||
Procedure, as added by this Act, applies only to compensation to a | ||
county for the cost of a defendant's confinement that occurs on or | ||
after January 1, 2024, regardless of whether the order of | ||
commitment is issued before, on, or after that date. | ||
(b) Section 54.04, Family Code, as amended by this Act, | ||
applies only to compensation to a county for the cost of a child's | ||
detention that occurs on or after January 1, 2024, regardless of | ||
whether the disposition order is issued before, on, or after that | ||
date. | ||
(c) Sections 499.1215 and 508.285, Government Code, as | ||
added by this Act, apply only to compensation to a county for the | ||
cost of confinement of a person that occurs on or after January 1, | ||
2024, regardless of whether all processing required for transfer of | ||
the person to the Texas Department of Criminal Justice is completed | ||
before, on, or after that date. | ||
SECTION 9. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |