Texas Code of Criminal Procedure - Article 42.038. Reimbursement For Confinement Expenses
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Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 42.038. Reimbursement For Confinement Expenses
Art. 42.038. REIMBURSEMENT FOR CONFINEMENT EXPENSES. (a) In
addition to any fine, cost, or fee authorized by law, a court that
sentences a defendant convicted of a misdemeanor to serve a term of
confinement in county jail and orders execution of the sentence may
require the defendant to reimburse the county for the defendant's
confinement at a rate of $25 a day.
(b) A court that requires a defendant convicted of a
misdemeanor or placed on deferred adjudication for a misdemeanor to
submit to a period of confinement in county jail as a condition of
community supervision may also require as a condition of community
supervision that the defendant reimburse the county for the
defendant's confinement, with the amount of reimbursement
determined as if the defendant were serving an executed sentence.
(c) A judge may not require reimbursement under this article
if the judge determines the defendant is indigent based on the
defendant's sworn statement or affidavit filed with the court. A
court that requires reimbursement under this article may require
the defendant to reimburse the county only for those days the
defendant is confined after the date of conviction or on which a
plea of guilty or nolo contendere was entered. The court may not
require a defendant to reimburse the county for those days the
defendant was confined after arrest and before the date of
conviction or on which the plea of guilty or nolo contendere was
entered.
(d) The court, in determining whether to order
reimbursement under this article, shall consider:
(1) the defendant's employment status, earning ability, and
financial resources; and
(2) any other special circumstances that may affect the
defendant's ability to pay, including child support obligations and
including any financial responsibilities owed by the defendant to
dependents or restitution payments owed by the defendant to a
victim.
(e) On the day on which a defendant who is required to
reimburse the county under this article discharges an executed
sentence of confinement or completes the period of confinement
required as a condition of community supervision, the sheriff shall
present to the defendant a bill computed by multiplying the daily
rate of $25 times the number of days the defendant was confined in
the county jail, not counting the day on which the execution of the
sentence or the period of confinement began. For purposes of this
subsection, a defendant who is confined in county jail for only a
portion of a day is nonetheless considered to have been confined for
the whole day.
(f) The court may require a defendant to reimburse the
county under this article by paying to the sheriff the bill
presented by the sheriff within a specified period or in specified
installments. The end of the period or the last installment may not
be later than:
(1) the end of the period of community supervision, if
community supervision is ordered; or
(2) the fifth anniversary of the last day of the term of
confinement, if the court does not order community supervision.
Added by Acts 1999, 76th Leg., ch. 295, Sec. 1, eff. Sept. 1, 1999.
Article: 42.032 42.033 42.034 42.035 42.036 42.037 42.0371 42.038 42.04 42.05 42.07 42.08 42.09 42.10 42.11
Last modified: August 11, 2007
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