Bill Text: TX HB2620 | 2023-2024 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the confinement in a county jail of a person pending a transfer to the Texas Department of Criminal Justice and to compensation to a county for certain costs of confinement.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Passed) 2023-06-18 - Effective immediately [HB2620 Detail]

Download: Texas-2023-HB2620-Engrossed.html

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88R9736 MCF-F
By: Geren, Herrero, et al. H.B. No. 2620

A BILL TO BE ENTITLED
AN ACT
relating to the confinement in a county jail of a person pending a
transfer to the Texas Department of Criminal Justice and to
compensation to a county for certain costs of confinement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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
[permits] the department [institutional division] to:
(1) review and certify documents delivered to the
department as required by Section 8(b), Article 42.09, Code of
Criminal Procedure, not later than the third day after the date of
receiving the documents; and
(2) accept persons [inmates] within the time period
[45 days of processing as] required by Section 499.1215(b)
[499.121(c)].
SECTION 2. 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) In this section, "cost of confinement" means the
cost to the county for a person's confinement based on the average
daily cost of confining a person in the county jail, as determined
by the commissioners court of the county.
(b) 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 documents
required by Sections 8(a) and (c), Article 42.09, Code of Criminal
Procedure, have been received by the department and certified as
provided by Section 8(b) of that article.
(c) If the department does not take custody of a person
within the period prescribed by Subsection (b), the department
shall compensate the county in an amount equal to the sum of:
(1) 125 percent of the cost of confinement for each day
that the person remains confined in the county jail following the
expiration of the period prescribed by Subsection (b);
(2) the cost of confinement for each day for the period
beginning on the date on which the department received the
documents required by Sections 8(a) and (c), Article 42.09, Code of
Criminal Procedure, and ending on the date on which the department
certified the documents as provided by Section 8(b) of that
article; and
(3) the cost to the county for all medical, behavioral
health, and pharmaceutical care provided to the person while
confined beginning on the date on which the department received the
documents required by Sections 8(a) and (c), Article 42.09, Code of
Criminal Procedure.
SECTION 3. Section 499.121(c), Government Code, is
repealed.
SECTION 4. Not later than September 30, 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 5. Section 499.1215, Government Code, as added by
this Act, applies only to compensation to a county for the costs
described by that section related to the confinement of a person
that occurs on or after October 1, 2023, regardless of whether the
requirements under that section for transfer of the person to the
Texas Department of Criminal Justice are completed before, on, or
after that date.
SECTION 6. 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.