86R8541 MAW-D
 
  By: Miller H.B. No. 3270
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the discharge of a prisoner from a county jail.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 43.13, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsections (c), (d),
  and (e) to read as follows:
         (b)  A defendant convicted of a misdemeanor and sentenced to
  a term of confinement [of more than 30 days] discharges the
  defendant's sentence at any time beginning at [between the hours
  of] 6 a.m. and ending at 5 p.m. [7 p.m.] on the day of discharge.
         (c)  Except as provided by Subsections (d) and (e), the
  sheriff or other county jail administrator shall release a
  defendant, other than a defendant who is reasonably suspected to be
  a person with mental illness, at any time beginning at 6 a.m. and
  ending at 5 p.m. on the day the defendant discharges the defendant's
  sentence.
         (d)  The sheriff or other county jail administrator may:
               (1)  credit a defendant with not more than 18 hours of
  time served; and
               (2)  release the defendant at any time beginning at 6
  a.m. and ending at 5 p.m. on the day preceding the day on which the
  defendant discharges the defendant's sentence.
         (e)  A sheriff or other county jail administrator may release
  a defendant from county jail after 5 p.m. and before 6 a.m. if the
  defendant:
               (1)  agrees to or requests a release after 5 p.m. and
  before 6 a.m.;
               (2)  is subject to an arrest warrant issued by another
  county and is being released for purposes of executing that arrest
  warrant;
               (3)  is being transferred to the custody of another
  state, a unit of the federal government, or a facility operated by
  or under contract with the Texas Department of Criminal Justice; or
               (4)  is being admitted to an inpatient mental health
  facility or a state supported living center for court-ordered
  mental health or intellectual disability services.
         SECTION 2.  Section 511.009, Government Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The commission may monitor compliance with the
  provisions of Article 43.13, Code of Criminal Procedure, relating
  to the release of a prisoner from county jail.
         SECTION 3.  This Act takes effect September 1, 2019.