Texas Code of Criminal Procedure
§ 42.038 — REIMBURSEMENT FOR CONFINEMENT EXPENSES
CR § 42.038Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42. JUDGMENT AND SENTENCE
Statute text
View on source(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.
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Legislative history
Added by Acts 1999, 76th Leg., ch. 295, Sec. 1, eff. Sept. 1, 1999.