(b) A defendant convicted of a misdemeanor and sentenced to a term of confinement discharges the defendant's sentence at any time beginning at 6 a.m. and ending at 5 p.m. on the day of discharge.
(c) Except as provided by Subsections (d) and (e), the sheriff or other county jail administrator shall release a defendant at any time beginning at 6 a.m. and ending at 5 p.m. on the day the defendant discharges the defendant's sentence.
(d) The sheriff or other county jail administrator may:
(1) credit a defendant with not more than 18 hours of time served; and
(2) release the defendant at any time beginning at 6 a.m. and ending at 5 p.m. on the day preceding the day on which the defendant discharges the defendant's sentence.
(e) A sheriff or other county jail administrator may release a defendant from county jail after 5 p.m. and before 6 a.m. if the defendant:
(1) agrees to or requests a release after 5 p.m. and before 6 a.m.;
(2) is subject to an arrest warrant issued by another county and is being released for purposes of executing that arrest warrant;
(3) is being transferred to the custody of another state, a unit of the federal government, or a facility operated by or under contract with the Texas Department of Criminal Justice; or
(4) is being admitted to an inpatient mental health facility or a state supported living center for court-ordered mental health or intellectual disability services.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1997, 75th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 401 (S.B. 1700), Sec. 1, eff. September 1, 2019.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 43 - Execution of Judgment
Article 43.01. Discharging Judgment for Fine
Article 43.02. Payable in Money
Article 43.021. Capias or Capias Pro Fine in Electronic Form
Article 43.03. Payment of Fine
Article 43.035. Reconsideration of Fine or Costs
Article 43.04. If Defendant Is Absent
Article 43.05. Issuance and Recall of Capias Pro Fine
Article 43.06. Capias or Capias Pro Fine May Issue to Any County
Article 43.07. Execution for Fine and Costs
Article 43.08. Further Enforcement of Judgment
Article 43.09. Fine Discharged
Article 43.091. Waiver of Payment of Fines and Costs for Certain Defendants and for Children
Article 43.101. Voluntary Work
Article 43.11. Authority for Confinement
Article 43.13. Discharge of Defendant
Article 43.14. Execution of Convict: Confidential Information
Article 43.141. Scheduling of Execution Date; Withdrawal; Modification
Article 43.15. Warrant of Execution
Article 43.16. Taken to Department of Corrections
Article 43.19. Place of Execution
Article 43.20. Present at Execution
Article 43.21. Escape After Sentence
Article 43.22. Escape From Department of Corrections
Article 43.23. Return of Director
Article 43.24. Treatment of Condemned