Bill Text: TX HB2620 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Geren, et al. (Senate Sponsor - King) | H.B. No. 2620 | |
(In the Senate - Received from the House April 24, 2023; | ||
May 4, 2023, read first time and referred to Committee on Criminal | ||
Justice; May 18, 2023, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 7, Nays 0; | ||
May 18, 2023, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 2620 | By: Bettencourt |
COMMITTEE VOTE | ||
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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 | ||
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(1) review documents received under Section 8(a) or | ||
(c), Article 42.09, Code of Criminal Procedure, and certify the | ||
documents or notify the county that the documents require | ||
corrective action within the time period required by Section 8(b) | ||
of that article; and | ||
(2) accept persons [ |
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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 | ||
amount that would have been incurred by the department to confine a | ||
person. The term does not include costs for medical, behavioral, or | ||
pharmaceutical care. | ||
(b) The department shall take custody of a person awaiting | ||
transfer to the department following conviction of a felony and | ||
sentencing to death or to a term of imprisonment in the department | ||
or confinement in a state jail 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 certified as | ||
required 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 for the cost of confinement for each day | ||
the person remains confined in the county jail following the | ||
expiration of that period. | ||
(d) If a person remains confined in the county jail | ||
following the expiration of the period prescribed by Subsection (b) | ||
due to a delay caused by the county: | ||
(1) the county is not entitled to compensation under | ||
Subsection (c) 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 3. Section 8, Article 42.09, Code of Criminal | ||
Procedure, is amended by amending Subsection (b) and adding | ||
Subsection (b-1) to read as follows: | ||
(b) The Texas Department of Criminal Justice shall not take | ||
a defendant into custody under this article until the designated | ||
officer receives the documents required by Subsections (a) and (c) | ||
of this section and determines that the documents do not contain any | ||
errors or deficiencies requiring corrective action by the county. | ||
Not later than the fifth business day after the date of receipt of | ||
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(1) certify the documents under the seal of the | ||
department if the designated officer determines the documents do | ||
not require any corrective action; or | ||
(2) notify the county that the designated officer has | ||
determined that the documents require corrective action [ |
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(b-1) A document certified under Subsection (b) [ |
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902, Texas Rules of Evidence. | ||
SECTION 4. Section 499.121(c), Government Code, is | ||
repealed. | ||
SECTION 5. 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 6. 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 7. 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. | ||
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