SB1785 - Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement and of the provision of jail-based competency restoration services.

  89R9519 MCF-D     By: Eckhardt S.B. No. 1785       A BILL TO BE ENTITLED   AN ACT   relating to the confinement in a county jail of certain defendants   who are incompetent to stand trial and to the compensation to the   county for the costs of that confinement and of the provision of   jail-based competency restoration services.          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.  Article 46B.091, Code of Criminal Procedure, is   amended by adding Subsection (n) to read as follows:           (n)     A county is entitled to compensation from the commission   for providing jail-based competency restoration services under   this article. Not later than the 15th day of each quarter of a   county's fiscal year, the county judge shall certify to the   comptroller of public accounts the amount of the county's expenses   that were incurred during the preceding fiscal quarter for   jail-based competency restoration services. The comptroller shall   issue a warrant in that amount to the commissioners court of the   county.          SECTION 3.  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.          SECTION 4.  Article 46B.091, Code of Criminal Procedure, as   amended by this Act, applies only with respect to jail-based   competency restoration services provided to a defendant on or after   January 1, 2026.          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.