HB4878 - Relating to reporting regarding the confinement in the Texas Department of Criminal Justice or a county jail of certain persons not lawfully present.

  89R15572 MCF-D     By: Olcott H.B. No. 4878       A BILL TO BE ENTITLED   AN ACT   relating to reporting regarding the confinement in the Texas   Department of Criminal Justice or a county jail of certain persons   not lawfully present.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 493, Government Code, is amended by   adding Section 493.01505 to read as follows:           Sec.   493.01505.     REPORT REGARDING ILLEGAL CRIMINAL ALIENS.   (a) In this section, "illegal criminal alien" has the meaning   assigned by Section 493.015.           (b)     Not later than January 31 of each year, the department   shall prepare and submit to the governor, the lieutenant governor,   and each member of the legislature a written report on the   confinement, during the preceding year, of illegal criminal aliens   in facilities operated by or under contract with the department.   The report must include:                 (1)     the number of illegal criminal aliens confined and   the total cost to confine those aliens;                 (2)     the percentage of each facility's capacity that is   occupied by illegal criminal aliens;                 (3)     the estimated cost to confine all illegal criminal   aliens for the remainder of each alien's sentence; and                 (4)     other information regarding the total impact of   illegal criminal aliens on each facility.          SECTION 2.  Section 511.0101(a), Government Code, is amended   to read as follows:          (a)  Each county shall submit to the commission on or before   the fifth day of each month a report containing the following   information:                (1)  the number of prisoners confined in the county   jail on the first day of the month, classified on the basis of the   following categories:                      (A)  total prisoners;                      (B)  pretrial Class C misdemeanor offenders;                      (C)  pretrial Class A and B misdemeanor offenders;                      (D)  convicted misdemeanor offenders;                      (E)  felony offenders whose penalty has been   reduced to a misdemeanor;                      (F)  pretrial felony offenders;                      (G)  convicted felony offenders;                      (H)  prisoners detained on bench warrants;                      (I)  prisoners detained for parole violations;                      (J)  prisoners detained for federal officers;                      (K)  prisoners awaiting transfer to the   institutional division of the Texas Department of Criminal Justice   following conviction of a felony or revocation of probation,   parole, or release on mandatory supervision and for whom paperwork   and processing required for transfer have been completed;                      (L)  prisoners detained after having been   transferred from another jail and for whom the commission has made a   payment under Subchapter F, Chapter 499, Government Code;                      (M)  prisoners for whom an immigration detainer   has been issued by United States Immigration and Customs   Enforcement;                      (N)   prisoners who are not:                             (i)     a citizen or national of the United   States; or                             (ii)     an alien who is lawfully admitted for   permanent residence in the United States under the federal   Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or   authorized to be employed by that act or the United States attorney   general;                       (O)   female prisoners; and                       (P)  [ (O) ]  other prisoners;                (2)  the total capacity of the county jail on the first   day of the month;                (3)  the total number of prisoners who were confined in   the county jail during the preceding month, based on a count   conducted on each day of that month, who were known or had been   determined to be pregnant;                (4)  the total cost to the county during the preceding   month of housing prisoners described by Subdivision (1)(M),   calculated based on the average daily cost of housing a prisoner in   the county jail; [ and ]                (5)   for prisoners described by Subdivision (1)(N):                       (A)     the total cost to the county during the   preceding month and the estimated cost to the county for the current   month of housing those prisoners calculated based on the average   daily cost of housing a prisoner in the county jail; and                       (B)     the total impact of prisoners described by   Subdivision (1)(N) in the county jail; and                 (6)   certification by the reporting official that the   information in the report is accurate.          SECTION 3.  Chapter 511, Government Code, is amended by   adding Section 511.01021 to read as follows:           Sec.   511.01021.     REPORT REGARDING PRISONERS NOT LAWFULLY   PRESENT. Not later than January 31 of each year, the commission   shall:                 (1)     aggregate the information submitted to the   commission under Sections 511.0101(a)(1)(N) and (a)(5); and                 (2)     submit to the governor, the lieutenant governor,   and each member of the legislature a report for the preceding year   on the information aggregated under Subdivision (1).          SECTION 4.  (a)  Notwithstanding Section 493.01505,   Government Code, as added by this Act, the Texas Department of   Criminal Justice is not required to submit the initial report   required by that section until January 31, 2027.          (b)  Notwithstanding Section 511.01021, Government Code, as   added by this Act, the Commission on Jail Standards is not required   to submit the initial report required by that section until January   31, 2027.          SECTION 5.  This Act takes effect September 1, 2025.