TRANSFER TO DEPARTMENT; COMPENSATION TO COUNTIES

(a) In this section, "cost of confinement" means the amount that would have been incurred by the department to confine a person. The term does not include costs for medical, behavioral, or pharmaceutical care. (b) The department shall take custody of a person awaiting transfer to the department following conviction of a felony and sentencing to death or to a term of imprisonment in the department or confinement in a state jail not later than the 45th day following the date on which all documents required by Sections 8(a) and (c), Article 42.09, Code of Criminal Procedure, have been certified as required by Section 8(b) of that article. (c) If the department does not take custody of a person within the period prescribed by Subsection (b), the department shall compensate the county for the cost of confinement for each day the person remains confined in the county jail following the expiration of that period. (d) If a person remains confined in the county jail following the expiration of the period prescribed by Subsection (b) due to a delay caused by the county: (1) the county is not entitled to compensation under Subsection (c) for any day that the person remains confined due to the delay caused by the county; and (2) the county and the department shall arrange to transfer the person to the department as soon as practicable after the delay.