§ 29.28 Payment of costs for prosecution of incarcerated
individual-patients. (a) When an incarcerated individual-patient, as defined in subdivision
(a) of section 29.27 of this article, who was committed from a state
correctional facility, is alleged to have committed an offense while in
the custody of the department, the department of corrections and
community supervision shall pay all reasonable costs for the prosecution
of such offense, including but not limited to, costs for: a grand jury
impaneled to hear and examine evidence of such offense, petit jurors,
witnesses, the defense of any incarcerated individual financially unable
to obtain counsel in accordance with the provisions of the county law,
the district attorney, the costs of the sheriff and the appointment of
additional court attendants, officers or other judicial personnel.
(b) It shall be the duty of the governing body of any county wherein
such prosecution occurs to cause a sworn statement of all costs to be
forwarded to the department of corrections and community supervision.
Upon certification by such department that such costs as authorized by
this section have been incurred, the commissioner of corrections and
community supervision shall forward the proper vouchers to the state
comptroller. It shall be the duty of the comptroller to examine such
statement and to correct same by striking therefrom any and all items
which are not authorized pursuant to the provisions of this section and
after correcting such statement, the comptroller shall draw his or her
warrant for the amount of any such costs in favor of the appropriate
county treasurer, which sum shall be paid to said county treasurer out
of any moneys appropriated therefor.
(c) The department shall, after consultation with the director of the
budget, promulgate rules and regulations to carry out the provisions of
this section.
