Texas § 42.039 COMPLETION OF SENTENCE IN FEDERAL CUSTODY.

Texas Statutes

§ 42.039 — COMPLETION OF SENTENCE IN FEDERAL CUSTODY.

Texas § 42.039

Code CRCode of Criminal Procedure

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Bluebook

Tex. Code of Criminal Procedure Code Ann. § 42.039 (2026).

Text

Art. 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

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Art. 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 , Penal Code.