Texas Government Code 501.019 – Cost of Confinement as Claim; Setoff
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(a) The state may deduct from any monetary obligation owed to an incarcerated person:
(1) the cost of incarceration, if a cost of incarceration for the person can be computed; and
(2) any amount assessed against the person under § 14.006, Civil Practice and Remedies Code, that remains unpaid at the time the monetary obligation is to be paid.
(b) In a case in which a person may be indemnified under Chapter 104, Civil Practice and Remedies Code, and that arises from a claim made by a person for whom a cost of incarceration can be computed, the court shall reduce the amount recoverable by the claimant by the amount of the cost of incarceration.
Terms Used In Texas Government Code 501.019
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) The annual cost of incarceration of a person shall be computed using the average cost per day for imprisonment calculated by the Criminal Justice Policy Council.
(d) In making a deduction under Subsection (a) or in reducing an award under Subsection (b), the department or the court shall credit or debit a prorated portion of the cost of incarceration for a person incarcerated for 365 days or less in a year. The number of days of incarceration in a year includes time served before conviction.
(e) This section applies to a monetary obligation arising from a judgment against the state, an agency of the state, or an officer or employee of the state or an agency of the state, only if:
(1) the judgment awards damages for property damage or bodily injury resulting from a negligent act or omission, including an act or omission described by § 101.021(1), Civil Practice and Remedies Code; and
(2) there is not a finding by the court of a violation of the constitution of this state or the United States.