bill setting a 45-day deadline to move people from jails

The text as introduced · 707 words

89R2838 MCF-D

By: Frank
H.B. No. 1461

A BILL TO BE ENTITLED

AN ACT

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. 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 4. (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, 2026, 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, 2026, regardless of

whether the disposition order is issued before, on, or after that

date.

(c) Section 508.285, Government Code, as added by this Act,

applies only to compensation to a county for the cost of confinement

of a person that occurs on or after January 1, 2026, 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 5. 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, 2025.