Tex. Code of Crim. Proc. Article 42.039
Completion of Sentence in Federal Custody

(a)

This article applies only to a criminal case in which:

(1)

the judgment requires the defendant to be confined in a secure correctional facility; and

(2)

the defendant is subject to an immigration detainer request.

(b)

In a criminal case described by Subsection (a), the judge shall, at the time of pronouncement of a sentence of confinement, issue an order requiring the secure correctional facility in which the defendant is to be confined and all appropriate government officers, including a sheriff, a warden, or members of the Board of Pardons and Paroles, as appropriate, to require the defendant to serve in federal custody the final portion of the defendant’s sentence, not to exceed a period of seven days, following the facility’s or officer’s determination that the change in the place of confinement will facilitate the seamless transfer of the defendant into federal custody. In the absence of an order issued under this subsection, a facility or officer acting under exigent circumstances may perform the transfer after making the determination described by this subsection. This subsection applies only if appropriate officers of the federal government consent to the transfer of the defendant into federal custody under the circumstances described by this subsection.

(c)

If the applicable information described by Subsection (a)(2) is not available at the time sentence is pronounced in the case, the judge shall issue the order described by Subsection (b) as soon as the information becomes available. The judge retains jurisdiction for the purpose of issuing an order under this article.

(d)

For purposes of this article, “secure correctional facility” has the meaning assigned by Section 1.07 (Definitions), Penal Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 2.02, eff. September 1, 2017.

Source: Article 42.039 — Completion of Sentence in Federal Custody, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42.­htm#42.­039 (accessed Jun. 5, 2024).

42.02
Sentence 42.04
Sentence When Appeal Is Taken 42.05
If Court Is About to Adjourn 42.07
Reasons to Prevent Sentence 42.08
Cumulative or Concurrent Sentence 42.10
Satisfaction of Judgment as in Misdemeanor Convictions 42.011
Judgment Affecting an Officer or Jailer 42.012
Finding that Controlled Substance Used to Commit Offense 42.013
Finding of Family Violence 42.014
Finding that Offense Was Committed Because of Bias or Prejudice 42.14
In Absence of Defendant 42.015
Finding of Age of Victim 42.15
Fines and Costs 42.016
Special Driver’s License or Identification Requirements for Certain Sex Offenders 42.16
On Other Judgment 42.017
Finding Regarding Age-based Offense 42.17
Transfer Under Treaty 42.018
Notice Provided by Clerk of Court 42.019
Motor Fuel Theft 42.20
Immunities 42.21
Notice of Release of Family Violence Offenders 42.22
Restitution Liens 42.023
Judge May Consider Alternative Sentencing 42.23
Notification of Court of Family Violence Conviction 42.24
Prohibiting Contact with Victim 42.025
Sentencing Hearing at Secondary School 42.25
Filing of Reporter Notes 42.033
Sentence to Serve Time During Off-work Hours 42.034
County Jail Work Release Program 42.035
Electronic Monitoring 42.036
Community Service 42.037
Restitution 42.038
Reimbursement for Confinement Expenses 42.039
Completion of Sentence in Federal Custody 42.111
Deferral of Proceedings in Cases Appealed to County Court 42.122
[Adult Probation Officers of the 222nd Judicial District 42.0131
Required Notice for Persons Convicted of Misdemeanors Involving Family Violence 42.141
Battering Intervention and Prevention Program 42.151
Fees for Abused Children’s Counseling 42.152
Repayment of Reward 42.0175
Finding Regarding Certain Health Care Professionals 42.0181
Notice of Theft, Fraud, Money Laundering, or Insurance Fraud Provided by Clerk of Court 42.0182
Findings Regarding Tax Fraud 42.0183
Notice of Family Violence Offenses Provided by Clerk of Court 42.0191
Finding Regarding Victims of Trafficking or Other Abuse 42.0192
Finding Regarding Offense Related to Performance of Public Service 42.0193
Finding Regarding Offense Related to Conduct of Certain Corrections Employees 42.0194
Finding Regarding Felony Conviction 42.0196
Finding Regarding Offense Related to Performance of Public Service 42.0197
Finding Regarding Gang-related Conduct 42.0198
Finding Regarding Delay in Arrest of Defendant 42.0199
Finding Regarding Diligent Participation Credit 42.0371
Mandatory Restitution for Kidnapped or Abducted Children 42.0372
Mandatory Restitution for Child Victims of Trafficking of Persons or Compelling Prostitution 42.0373
Mandatory Restitution for Child Witness of Family Violence 42.0375
Mandatory Restitution for Child of Victim of Intoxication Manslaughter 42.01991
Finding Regarding Agreement on Parole Eligibility for Certain Defendants
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Accessed:
Jun. 5, 2024

Art. 42.039’s source at texas​.gov