H.B. No. 2227 amends the Code of Criminal Procedure by adding Article 46B.0753, which establishes a 21-day period for the Health and Human Services Commission to take custody of a criminal defendant found incompetent to stand trial and awaiting transfer to a mental health facility. If the commission fails to take custody within this timeframe, it is required to evaluate the defendant's health weekly until the transfer occurs and to compensate the county for the costs of confinement in the county jail for each day beyond the 21-day period. The compensation must equal the amount that the commission would have incurred for the defendant's confinement during that time.
The bill applies to defendants with orders of commitment issued before, on, or after its effective date, which is set for September 1, 2025. For defendants already confined in a county jail on that date, the 21-day period for the commission to take custody will begin on the effective date of the Act. This legislation aims to streamline the process of transferring defendants to mental health facilities and ensure that counties are compensated for the costs incurred during any delays.