House Bill 2193, Authored by Chairman Jerry Madden of the House Committee on Corrections

AN ACT

relating to the operation of a system of community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2(a), Article 42.03, Code of Criminal
Procedure, is amended to read as follows:
(a) In all criminal cases the judge of the court in which the
defendant was convicted shall give the defendant credit on the
defendant's [~~his~~] sentence for the time that the defendant has
spent in jail or in a court-ordered residential program or facility
in said cause[, other than confinement served as a condition of
community supervision,] from the time of the defendant's [~~his~~]
arrest and confinement until the defendant's [~~his~~] sentence by the
trial court, including confinement in jail or in a court-ordered
residential program or facility ordered as a condition of deferred
adjudication community supervision.
SECTION 2. Section 3, Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
Sec. 3. JUDGE ORDERED COMMUNITY SUPERVISION. (a) A judge,
in the best interest of justice, the public, and the defendant,
after conviction or a plea of guilty or nolo contendere, may suspend
the imposition of the sentence and place the defendant on community
supervision or impose a fine applicable to the offense and place the
defendant on community supervision.
(b) In [~~Except as provided by Subsection (f), in~~] a felony
case the minimum period of community supervision is the same as the
minimum term of imprisonment applicable to the offense and the
maximum period of community supervision is, subject to the
extensions provided by Section 22:
(1) 10 years, for a felony listed in Section 3g, a
felony for which on conviction registration as a sex offender is
required by Chapter 62, or any other first or second degree felony;
and
(2) 5 years, for a third degree felony other than a
third degree felony otherwise described by Subdivision (1).
(c) The maximum period of community supervision in a
misdemeanor case is two years, subject to extensions provided by
Section 22.
(d) [A judge may increase the maximum period of community
supervision in the manner provided by Section 22(c) or 22A of this
article.
[~~(e)~~] A defendant is not eligible for community supervision
under this section if the defendant[:
[~~(1)~~] is sentenced to a term of imprisonment that
exceeds 10 years[~~; or~~
[(2) is sentenced to serve a term of confinement under
Section 12.35, Penal Code].
(e) [(f) The minimum period of community supervision for a
felony described by Section 13B(b) is five years and the maximum
period of supervision is 10 years.
[~~(g)~~] A judge shall not deny community supervision to a
defendant based solely on the defendant's inability to speak, read,
write, hear, or understand English.
(f) This section applies to offenses listed in Section 3g
only to the extent that Subsection (b) establishes minimum and
maximum periods of community supervision for those offenses.
SECTION 3. Sections 4(b) and (d), Article 42.12, Code of
Criminal Procedure, are amended to read as follows:
(b) If the jury recommends to the judge that the judge place
the defendant on community supervision, the judge shall place the
defendant on community supervision for any period permitted under
Section 3(b) or 3(c) [~~of this article~~], as appropriate, subject to
the extensions provided by Section 22.
(d) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the sentence occurs automatically under Section 15(a)
[is sentenced to serve a term of confinement under Section 12.35,
Penal Code];
(3) does not file a sworn motion under Subsection (e)
of this section or for whom the jury does not enter in the verdict a
finding that the information contained in the motion is true; [or]
(4) is adjudged guilty of an offense for which
punishment is increased under Section 481.134(c), (d), (e), or (f),
Health and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any one of those subsections; or
(5) is adjudged guilty of an offense under Section
19.02, Penal Code.
SECTION 4. Section 5(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) Except as provided by Subsection (d) of this section,
when in the judge's opinion the best interest of society and the
defendant will be served, the judge may, after receiving a plea of
guilty or plea of nolo contendere, hearing the evidence, and
finding that it substantiates the defendant's guilt, defer further
proceedings without entering an adjudication of guilt, and place
the defendant on community supervision. A judge may place on
community supervision under this section a defendant charged with
an offense under Section 21.11, 22.011, or 22.021, Penal Code,
regardless of the age of the victim, or a defendant charged with a
felony described by Section 13B(b) of this article, only if the
judge makes a finding in open court that placing the defendant on
community supervision is in the best interest of the victim. The
failure of the judge to find that deferred adjudication is in the
best interest of the victim is not grounds for the defendant to set
aside the plea, deferred adjudication, or any subsequent conviction
or sentence. After placing the defendant on community supervision
under this section, the judge shall inform the defendant orally or
in writing of the possible consequences under Subsection (b) of
this section of a violation of community supervision. If the
information is provided orally, the judge must record and maintain
the judge's statement to the defendant. The failure of a judge to
inform a defendant of possible consequences under Subsection (b) of
this section is not a ground for reversal unless the defendant shows
that he was harmed by the failure of the judge to provide the
information. The minimum and maximum terms of a period of community
supervision under this section are the same terms provided under
Section 3(b), subject to the extensions provided by Section 22. [In
a felony case, the period of community supervision may not exceed 10
years. For a defendant charged with a felony under Section 21.11,
22.011, or 22.021, Penal Code, regardless of the age of the victim,
and for a defendant charged with a felony described by Section
13B(b) of this article, the period of community supervision may not
be less than five years.] In a misdemeanor case, the period of
community supervision may not exceed two years, subject to the
extensions provided by Section 22. [A judge may increase the
maximum period of community supervision in the manner provided by
Section 22(c) or 22A of this article.] The judge may impose a fine
applicable to the offense and require any reasonable conditions of
community supervision, including mental health treatment under
Section 11(d) of this article, that a judge could impose on a
defendant placed on community supervision for a conviction that was
probated and suspended, including confinement. The provisions of
Section 15 of this article specifying whether a defendant convicted
of a state jail felony is to be confined in a county jail or state
jail felony facility and establishing the minimum and maximum terms
of confinement as a condition of community supervision apply in the
same manner to a defendant placed on community supervision after
pleading guilty or nolo contendere to a state jail felony. However,
upon written motion of the defendant requesting final adjudication
filed within 30 days after entering such plea and the deferment of
adjudication, the judge shall proceed to final adjudication as in
all other cases.
SECTION 5. Section 15(a)(1), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(1) On conviction of a state jail felony under Section
481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or
481.129(g)(1), Health and Safety Code, that is punished under
Section 12.35(a), Penal Code, the judge shall suspend the
imposition of the sentence and place the defendant on community
supervision, unless the defendant has previously been convicted of
a felony, other than a felony punished under Section 12.44(a),
Penal Code, in which event the judge may suspend the imposition of
the sentence and place the defendant on community supervision or
may order the sentence to be executed. The provisions of this
subdivision requiring the judge to suspend the imposition of the
sentence and place the defendant on community supervision do not
apply to a defendant who under Section 481.1151(b)(1), Health and
Safety Code, possessed more than five abuse units of the controlled
substance or under Section 481.121(b)(3), Health and Safety Code,
possessed more than one pound of marihuana.
SECTION 6. Sections 15(h)(2) and (3), Article 42.12, Code
of Criminal Procedure, are amended to read as follows:
(2) A judge may credit against any time a defendant is
required to serve in a state jail felony facility time served by the
defendant in a county jail or a court-ordered residential program
or facility from the time of the defendant's arrest and confinement
until sentencing by the trial court, including any time spent in
custody waiting to enter a court-ordered residential program or
facility, but only if the defendant successfully completes the
court-ordered residential program after sentencing.
(3) A judge shall credit against any time a defendant
is subsequently required to serve in a state jail felony facility
after revocation of community supervision any time served by the
defendant in a state jail felony facility or court-ordered
residential program or facility after sentencing.
SECTION 7. Section 16(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) A judge may [~~shall~~] require as a condition of community
supervision[,] that the defendant work a specified number of hours
at a community service project or projects for an organization or
organizations approved by the judge and designated by the
department. The judge may not require that a defendant work at a
community service project if[~~, unless~~] the judge determines and
notes on the order placing the defendant on community supervision
that:
(1) the defendant is physically or mentally incapable
of participating in the project;
(2) participating in the project will work a hardship
on the defendant or the defendant's dependents;
(3) the defendant is to be confined in a substance
abuse punishment facility as a condition of community supervision;
or
(4) there is other good cause shown.
SECTION 8. Sections 20(a) and (b), Article 42.12, Code of
Criminal Procedure, are amended to read as follows:
(a) At any time[,] after the defendant has satisfactorily
completed one-third of the original community supervision period or
two years of community supervision, whichever is less, the period
of community supervision may be reduced or terminated by the judge.
On completion of one-half of the original community supervision
period, the judge shall review the defendant's record and consider
whether to reduce or terminate the period of community supervision,
unless the defendant is delinquent in paying required restitution,
fines, costs, or fees that the defendant has the ability to pay or
the defendant has not completed court-ordered counseling or
treatment. Before conducting the review, the judge shall notify
the attorney representing the state and the defendant. If a
defendant's community supervision record is not reviewed on
completion of one-half of the original community supervision period
because the defendant is delinquent in paying restitution, fines,
costs, or fees or has not completed court-ordered counseling or
treatment, not later than 12 months after the defendant has paid the
restitution, fines, costs, or fees or completed the counseling or
treatment the judge shall review the defendant's community
supervision record and consider whether to terminate or reduce the
period of community supervision. A judge may not refuse to
terminate a period of community supervision solely on the ground
that the defendant is indigent and unable to pay restitution,
fines, costs, or fees. If the judge determines that the defendant
has failed to satisfactorily fulfill the conditions of community
supervision, the judge shall advise the defendant in writing of the
requirements for satisfactorily fulfilling those conditions. Upon
the satisfactory fulfillment of the conditions of community
supervision, and the expiration of the period of community
supervision, the judge, by order duly entered, shall amend or
modify the original sentence imposed, if necessary, to conform to
the community supervision period and shall discharge the defendant.
If the judge discharges the defendant under this section, the judge
may set aside the verdict or permit the defendant to withdraw the
defendant's [~~his~~] plea, and shall dismiss the accusation,
complaint, information or indictment against the defendant, who
shall thereafter be released from all penalties and disabilities
resulting from the offense or crime of which the defendant [he] has
been convicted or to which the defendant [he] has pleaded guilty,
except that:
(1) proof of the conviction or plea of guilty shall be
made known to the judge should the defendant again be convicted of
any criminal offense; and
(2) if the defendant is an applicant for a license or
is a licensee under Chapter 42, Human Resources Code, the Texas
Department of Human Services may consider the fact that the
defendant previously has received community supervision under this
article in issuing, renewing, denying, or revoking a license under
that chapter.
(b) This section does not apply to a defendant convicted of
an offense under Sections 49.04-49.08, Penal Code, a defendant
convicted of an offense for which on conviction registration as a
sex offender is required under Chapter 62, or a defendant convicted
of a felony described by Section 3g[, as added by Chapter 668, Acts
of the 75th Legislature, Regular Session, 1997, or a defendant
convicted of an offense punishable as a state jail felony].
SECTION 9. Section 22(c), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(c) The judge may extend a period of community supervision
on a showing of good cause under this section as often as the judge
determines is necessary, but the period of community supervision in
a first, second, or third degree felony case may not exceed 10 years
and, except as otherwise provided by this subsection, the period of
community supervision in a misdemeanor case may not exceed three
years. The judge may extend the period of community supervision in
a misdemeanor case for any period the judge determines is
necessary, not to exceed an additional two years beyond the
three-year limit, if the defendant fails to pay a previously
assessed fine, costs, or restitution and the judge determines that
extending the period of supervision increases the likelihood that
the defendant will fully pay the fine, costs, or restitution. A
court may extend a period of community supervision under this
section at any time during the period of supervision or, if a motion
for revocation of community supervision is filed before the period
of supervision ends, before the first anniversary of the date on
which the period of supervision expires.
SECTION 10. Section 23(b), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(b) No part of the time that the defendant is on community
supervision shall be considered as any part of the time that he
shall be sentenced to serve, except that on revocation, the judge
may credit to the defendant time served by the defendant as a
condition of community supervision in a county jail, community
corrections facility, or court-ordered residential program or
facility, but only if the defendant successfully completes the
court-ordered residential program after sentencing. The right of
the defendant to appeal for a review of the conviction and
punishment, as provided by law, shall be accorded the defendant at
the time he is placed on community supervision. When he is notified
that his community supervision is revoked for violation of the
conditions of community supervision and he is called on to serve a
sentence in a jail or in the institutional division of the Texas
Department of Criminal Justice, he may appeal the revocation.
SECTION 11. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0178 to read as
follows:
Art. 102.0178. COSTS ATTENDANT TO CERTAIN INTOXICATION AND
DRUG CONVICTIONS. (a) In addition to other costs on conviction
imposed by this chapter, a person shall pay $50 as a court cost on
conviction of an offense under:
(1) Chapter 49, Penal Code; or
(2) Chapter 481, Health and Safety Code.
(b) The court shall assess and make a reasonable effort to
collect the cost due under this article whether or not any other
court cost is assessed or collected.
(c) For purposes of this article, a person is considered to
have been convicted if:
(1) a sentence is imposed;
(2) the defendant receives community supervision or
deferred adjudication; or
(3) the court defers final disposition of the case.
(d) Court costs under this article are collected in the same
manner as other fines or costs. An officer collecting the costs
shall keep separate records of the funds collected as costs under
this article and shall deposit the funds in the county or municipal
treasury, as appropriate.
(e) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
(f) A county or municipality may retain 10 percent of the
funds collected under this article by an officer of the county or
municipality as a collection fee if the custodian of the county or
municipal treasury complies with Subsection (e).
(g) If no funds due as costs under this article are
deposited in a county or municipal treasury in a calendar quarter,
the custodian of the treasury shall file the report required for the
quarter in the regular manner and must state that no funds were
collected.
(h) The comptroller shall deposit the funds received under
this article to the credit of the drug court account in the general
revenue fund to help fund drug court programs established under
Chapter 469, Health and Safety Code. The legislature shall
appropriate money from the account solely to the criminal justice
division of the governor's office for distribution to drug court
programs that apply for the money.
(i) Funds collected under this article are subject to audit
by the comptroller.
SECTION 12. Section 469.001, Health and Safety Code, is
amended to read as follows:
Sec. 469.001. DRUG COURT PROGRAM DEFINED; PROCEDURES FOR
CERTAIN DEFENDANTS. (a) In this chapter, "drug court program"
means a program that has the following essential characteristics:
(1) the integration of alcohol and other drug
treatment services in the processing of cases in the judicial
system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to a continuum of alcohol, drug, and other
related treatment and rehabilitative services;
(5) monitoring of abstinence through weekly alcohol
and other drug testing;
(6) a coordinated strategy to govern program responses
to participants' compliance;
(7) ongoing judicial interaction with program
participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(10) development of partnerships with public agencies
and community organizations.
(b) If a defendant enters a drug court program following an
arrest for an offense punishable as a state jail felony under
Chapter 481, the court, with the consent of the attorney
representing the state, may defer the proceedings without accepting
a plea of guilty or nolo contendere or entering an adjudication of
guilt. If the defendant successfully completes the program, on
motion of the attorney representing the state, the court may
dismiss the indictment or information charging the defendant with
the commission of the offense. If the defendant fails to
successfully complete the program, the court may proceed as if the
case had never been stayed.
(c) On ex parte petition or other request of a defendant,
the court shall enter an order of nondisclosure under Section
411.081, Government Code, as if the defendant had received a
discharge and dismissal under Section 5(c), Article 42.12, Code of
Criminal Procedure, with respect to all records and files related
to the defendant's arrest for the offense for which the defendant
entered the drug court program if the defendant:
(1) has not been previously convicted of a felony
offense; and
(2) is not arrested or convicted for any other felony
offense before the second anniversary of the defendant's successful
completion of the drug court program.
SECTION 13. Section 469.002, Health and Safety Code, is
amended to read as follows:
Sec. 469.002. AUTHORITY TO ESTABLISH PROGRAM. The [Except
as provided by Section 469.006, the] commissioners court of a
county may establish the following types of [a] drug court
programs:
(1) drug courts for [~~program for~~] persons arrested
for, charged with, or convicted of:
(A) [~~(1)~~] an offense in which an element of the
offense is the use or possession of alcohol or the use, possession,
or sale of a controlled substance, a controlled substance analogue,
or marihuana; or
(B) [~~(2)~~] an offense in which the use of alcohol
or a controlled substance is suspected to have significantly
contributed to the commission of the offense and the offense did not
involve:
(i) [~~(A)~~] carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) [~~(B)~~] the use of force against the
person of another; or
(iii) [~~(C)~~] the death of or serious bodily
injury to another;
(2) drug courts for juveniles detained for, taken into
custody for, or adjudicated as having engaged in:
(A) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which an element of the conduct is the use or possession of alcohol
or the use, possession, or sale of a controlled substance, a
controlled substance analogue, or marihuana; or
(B) delinquent conduct, including habitual
felony conduct, or conduct indicating a need for supervision in
which the use of alcohol or a controlled substance is suspected to
have significantly contributed to the commission of the conduct and
the conduct did not involve:
(i) carrying, possessing, or using a
firearm or other dangerous weapon;
(ii) the use of force against the person of
another; or
(iii) the death of or serious bodily injury
to another;
(3) reentry drug courts for persons with a
demonstrated history of using alcohol or a controlled substance who
may benefit from a program designed to facilitate the person's
transition and reintegration into the community on release from a
state or local correctional facility;
(4) family dependency drug treatment courts for family
members involved in a suit affecting the parent-child relationship
in which a parent's use of alcohol or a controlled substance is a
primary consideration in the outcome of the suit; or
(5) programs for other persons not precisely described
by Subdivisions (1)-(4) who may benefit from a program that has the
essential characteristics described by Section 469.001.
SECTION 14. Section 469.003, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) A drug court program established under Section 469.002
may:
(1) notify the criminal justice division of the
governor's office before or on implementation of the program; and
(2) provide information regarding the performance of
the program to the division on request.
SECTION 15. Section 469.004, Health and Safety Code, is
amended to read as follows:
Sec. 469.004. FEES. (a) A drug court program established
under Section 469.002 may collect from a participant in the
program:
(1) a reasonable program fee not to exceed $1,000[,
which may be paid on a periodic basis or on a deferred payment
schedule at the discretion of the judge, magistrate, or program
director administering the program]; and
(2) an alcohol or controlled substance [~~a urinalysis~~]
testing, [~~and~~] counseling, and treatment fee[:
[(A) based on the participant's ability to pay;
and
[~~(B)~~] in an amount necessary to cover the costs
of the testing, [~~and~~] counseling, and treatment.
(b) Fees collected under this section may be paid on a
periodic basis or on a deferred payment schedule at the discretion
of the judge, magistrate, or program director administering the
program. The fees must be:
(1) [A drug court program may require a participant to
pay all treatment costs incurred while participating in the
program,] based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
SECTION 16. Section 469.006, Health and Safety Code, is
amended to read as follows:
Sec. 469.006. PROGRAM IN CERTAIN COUNTIES MANDATORY. (a)
The commissioners court of a county with a population of more than
200,000 [~~550,000~~] shall establish a drug court program under
Subdivision (1) of Section 469.002.
(b) [A drug court program required under this section to be
established must have at least 100 participants during the first
four months in which the program is operating.
[~~(c)~~] A county required under this section to establish a
drug court program shall apply for [~~to the~~] federal and state
[~~government for any~~] funds available to pay the costs of the
program. The criminal justice division of the governor's office
may assist a county in applying for federal funds as required by
this subsection[, including providing financial assistance to the
county].
(c) Notwithstanding Subsection (a), a county is required to
establish a drug program under this section only if the county
receives federal or state funding specifically for that purpose.
(d) A county that does not establish a drug court program as
required by this section and maintain the program is ineligible to
receive from the state:
(1) funds for a community supervision and corrections
department; and
(2) grants for substance abuse treatment programs
administered by the criminal justice division of the governor's
office.
SECTION 17. Section 76.002(a), Government Code, is amended
to read as follows:
(a) The district judge or district judges trying criminal
cases in each judicial district and the statutory county court
judges trying criminal cases in the county or counties served by the
judicial district shall:
(1) establish a community supervision and corrections
department; and
(2) approve the department's budget and community
justice plan [employ district personnel as necessary to conduct
presentence investigations, supervise and rehabilitate defendants
placed on community supervision, enforce the conditions of
community supervision, and staff community corrections
facilities].
SECTION 18. Section 76.003(a), Government Code, is amended
to read as follows:
(a) A community justice council must be established by the
[~~district judge or district~~] judges described by Section 76.002 in
each jurisdiction served by a department, unless a board or council
that was in existence on September 1, 1991, is performing duties
substantially similar to those imposed on a community justice
council under this section. The council shall provide continuing
policy guidance and direction for the development of community
justice plans and community corrections facilities and programs.
SECTION 19. Section 76.004, Government Code, is amended to
read as follows:
Sec. 76.004. DEPARTMENT DIRECTOR; FISCAL OFFICER. (a) The
[~~district judge or~~] judges described by Section 76.002 shall
appoint a department director who must meet, at a minimum, the
eligibility requirements for officers established under Section
76.005.
(a-1) The department director shall perform or delegate the
responsibility for performing the following duties:
(1) overseeing the daily operations of the department;
(2) preparing annually or biennially a budget for the
department;
(3) negotiating and entering into contracts on behalf
of the department;
(4) establishing policies and procedures for all
functions of the department;
(5) developing personnel policies and procedures,
including disciplinary proceedings; and
(6) establishing procedures and practices through
which the department will address an employment-related grievance.
(b) The department director shall employ a sufficient
number of officers and other employees to conduct presentence
investigations, supervise and rehabilitate defendants placed on
community supervision, enforce the conditions of community
supervision, and staff community corrections facilities. A person
employed under this subsection is an employee of the department and
not of the judges or judicial districts [perform the professional
and clerical work of the department].
(c) The [~~district judge or~~] judges described by Section
76.002 may appoint for the department a fiscal officer, other than
the county auditor. The fiscal officer is responsible for:
(1) managing and protecting funds, fees, state aid,
and receipts to the same extent that a county auditor manages county
funds and funds of other local entities;
(2) ensuring that financial transactions of the
department are lawful and allowable; and
(3) prescribing accounting procedures for the
department.
(d) The [~~district judge or~~] judges described by Section
76.002 may appoint a person as fiscal officer only after
investigating the person and determining that the person is:
(1) a person of unquestionably good moral character
and intelligence; and
(2) a financial officer with at least two years'
experience in auditing and accounting.
(e) A fiscal officer appointed under this section, before
beginning employment and not later than the 20th day after the date
of appointment, shall:
(1) take an oath stating that the person meets the
qualifications required by this section and will not have a
personal interest in any contract entered into by the department;
and
(2) execute a good and sufficient surety bond that:
(A) is in the amount of $5,000 or more;
(B) is approved by and payable to the [district
judge or] judges described by Section 76.002; and
(C) is conditioned on the faithful performance by
the fiscal officer of the officer's duties.
(f) The [~~district judge or~~] judges described by Section
76.002 shall set the annual compensation of a fiscal officer
appointed under this section, and the department shall pay all
costs related to the functions of the fiscal officer.
(g) Subsections (c)-(f) do not diminish the rights of the
following officers or entities to examine and audit accounts,
records, receipts, and expenditures of a department:
(1) the county auditor of a county served by the
department;
(2) the comptroller; [~~and~~]
(3) the state auditor; and
(4) the division.
SECTION 20. Chapter 76, Government Code, is amended by
adding Section 76.0045 to read as follows:
Sec. 76.0045. JUDICIAL RESPONSIBILITIES; IMMUNITY. (a)
The responsibility of a judge described by Section 76.002 for
personnel decisions is limited to the appointment of a department
director and a fiscal officer.
(b) The responsibility of a judge described by Section
76.002 for budgetary decisions is limited to:
(1) appointment of a fiscal officer; and
(2) approval of the department's budget.
(c) A judge described by Section 76.002 has judicial
immunity in a suit arising from:
(1) the performance of a duty described by Section
76.002(a); or
(2) the appointment of a department director or a
fiscal officer or an act or failure to act by a department employee
or by a department director or fiscal officer.
SECTION 21. Section 76.0051, Government Code, is amended to
read as follows:
Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is
authorized to carry a weapon while engaged in the actual discharge
of the officer's duties only if:
(1) the officer possesses a certificate of firearms
proficiency issued by the Commission on Law Enforcement Officer
Standards and Education under Section 1701.257, Occupations Code
[~~415.038~~]; and
(2) the director of the department agrees [and the
judges participating in the management of the department agree] to
the authorization.
SECTION 22. Section 76.006, Government Code, is amended by
amending Subsections (a) and (h) and adding Subsection (j) to read
as follows:
(a) Except as provided by Subsection (c), department
employees are not state employees. The department shall contract
for all employee benefits with one county served by the department
and designated for that purpose by the [~~district judge or~~] judges
described by Section 76.002. To the extent that employee benefits
are provided by a county under this subsection, the employees are
governed by personnel policies and benefits equal to personnel
policies for and benefits of other employees of that county. This
subsection does not apply to employee benefits for group insurance
and related coverages provided to employees of a department through
the group benefits program for state employees under Chapter 1551,
Insurance Code.
(h) If under Subsection (a) the [~~district judge or~~] judges
described by Section 76.002 change the designation of the county
providing employee benefits, the [~~district judge or~~] judges may not
subsequently change that designation before the 10th anniversary of
the date on which the previous designation was made.
(j) The attorney general shall defend a statutory county
court judge in an action in state or federal court if:
(1) the cause of action is the result of the judge
performing a duty described by Section 76.002, 76.003, or 76.004;
and
(2) the judge requests the attorney general's
assistance in the defense.
SECTION 23. Section 76.009(a), Government Code, is amended
to read as follows:
(a) The [~~district judge or~~] judges described by Section
76.002 may expend district funds in order to provide expanded
facilities, equipment, and utilities if:
(1) the department needs to increase its personnel in
order to provide more effective services or to meet workload
requirements established under Chapter 509;
(2) the county or counties certify to the [~~judge or~~]
judges described by Section 76.002 that they have neither adequate
space in county-owned buildings nor adequate funds to lease
additional physical facilities, purchase additional equipment, or
pay for additional utilities required by the department; and
(3) the county or counties provide facilities,
equipment, and utilities at or above the levels required by the
division.
SECTION 24. Section 76.010(c), Government Code, is amended
to read as follows:
(c) The department [~~district judge or judges~~] may authorize
expenditures of funds provided by the division to the department
for the purposes of providing facilities, equipment, and utilities
for community corrections facilities or state jail felony
facilities if:
(1) the community justice council recommends the
expenditures; and
(2) the division, or the state jail division in the
case of a state jail felony facility, provides funds for the purpose
of assisting in the establishment or improvement of the facilities.
SECTION 25. Section 102.021, Government Code, is amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION. A person
convicted of an offense shall pay, in addition to all other costs:
(1) court costs on conviction of a felony (Sec.
133.102, Local Government Code) . . . $133;
(2) court costs on conviction of a Class A or Class B
misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
(3) court costs on conviction of a nonjailable
misdemeanor offense, including a criminal violation of a municipal
ordinance, other than a conviction of an offense relating to a
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
Government Code) . . . $40;
(4) court costs on certain convictions in statutory
county courts (Sec. 51.702, Government Code) . . . $15;
(5) court costs on certain convictions in certain
county courts (Sec. 51.703, Government Code) . . . $15;
(6) a time payment fee if convicted of a felony or
misdemeanor for paying any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or restitution
(Sec. 133.103, Local Government Code) . . . $25;
(7) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(8) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant or capias (Art. 102.011, Code of Criminal Procedure)
. . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(9) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure)
. . . $10 per day or part of a day, plus actual necessary travel
expenses;
(10) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(11) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(12) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(13) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(14) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure)
. . . $15;
(15) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(16) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(17) cost for DNA testing for certain felonies (Art.
102.020, Code of Criminal Procedure) . . . $250;
(18) court cost on an offense of public lewdness or
indecent exposure (Art. 102.020, Code of Criminal Procedure)
. . . $50;
(19) court cost on conviction of a misdemeanor under
Subtitle C, Title 7, Transportation Code (Sec. 542.403,
Transportation Code) . . . $3;
(20) cost for impoundment of vehicle (Sec. 601.263,
Transportation Code) . . . $15 per day; [~~and~~]
(21) a civil and criminal enforcement cost on
conviction of an offense of, or related to, the nonpayment of a toll
in certain counties (Sec. 284.2031, Transportation Code) . . . $1;
and
(22) additional costs attendant to convictions under
Chapter 49, Penal Code, and under Chapter 481, Health and Safety
Code, to help fund drug court programs established under Chapter
469, Health and Safety Code (Art. 102.0178, Code of Criminal
Procedure) . . . $50.
SECTION 26. Section 509.007, Government Code, is amended to
read as follows:
Sec. 509.007. COMMUNITY JUSTICE PLAN. (a) The division
shall require as a condition to payment of state aid to a department
or county under Section 509.011 [and eligibility for payment of
costs under Section 499.124] that a community justice plan be
submitted for the department. The community justice council shall
submit the plan required by this subsection. A community justice
council may not submit a plan under this section unless the plan is
first approved under Section 76.002 [by the district judges who
manage the department served by the council]. The council shall
submit a revised plan to the division each odd-numbered year by a
date designated by the division. A plan may be amended at any time
with the approval of the division.
(b) A community justice plan required under this section
must include:
(1) a statement of goals and priorities and of
commitment by the community justice council, the [~~district~~] judges
who established the department and approve the department's budget
and community justice plan [~~manage the department~~], and the
department to achieve a targeted level of alternative sanctions;
(2) a description of methods for measuring the success
of programs provided by the department or provided by an entity
served by the department; and
(3) a proposal for the use of state jail felony
facilities and, at the discretion of the community justice council,
a regional proposal for the construction, operation, maintenance,
or management of a state jail felony facility by a county, a
community supervision and corrections department, or a private
vendor under a contract with a county or a community supervision and
corrections department.
SECTION 27. Chapter 509, Government Code, is amended by
adding Section 509.016 to read as follows:
Sec. 509.016. PRISON DIVERSION PILOT PROGRAM. (a) The
division shall establish a pilot program that provides grants to
selected departments for the implementation of a system of
progressive sanctions designed to reduce the revocation rate of
defendants placed on community supervision. The division shall
give priority in providing grants to departments serving counties
in which the revocation rate for defendants on community
supervision significantly exceeds the statewide average.
(b) In determining which departments are proper candidates
for grants under this section, the division shall give preference
to departments that present to the division a plan that will target
medium-risk and high-risk defendants and use progressive sanction
models that adhere to the components set forth in Section 469.001,
Health and Safety Code. As a condition to receiving a grant, a
department must offer a plan that contains some if not all of the
following components:
(1) reduced and specialized caseloads for supervision
officers, which may include electronic monitoring or substance
abuse testing of defendants;
(2) the creation, designation, and fiscal support of
courts and associated infrastructure necessary to increase
judicial oversight and reduce revocations;
(3) increased monitoring and field contact by
supervision officers;
(4) shortened terms of community supervision, with
increased supervision during the earliest part of the term;
(5) graduated sanctions and incentives, offered to a
defendant by both the departments and courts served by the
department;
(6) the use of inpatient and outpatient treatment
options, including substance abuse treatment, mental health
treatment, and cognitive and behavioral programs for defendants;
(7) the use of intermediate sanctions facilities;
(8) the use of community corrections beds;
(9) early termination strategies and capabilities;
(10) gang intervention strategies; and
(11) risk assessment techniques and reassessment
techniques.
(c) The division shall, not later than December 1, 2006,
provide a report to the board. The report must state the number of
departments receiving grants under this section, identify those
departments by name, and describe for each department receiving a
grant the components of the department's program and the success of
the department in reducing revocations. The report must also
contain an analysis of the scope, effectiveness, and cost benefit
of programs funded by grants provided under this section and a
comparison of those programs to similar programs in existence in
various departments before March 1, 2005. The division may include
in the report any other information the division determines will be
beneficial to the board or the legislature. The board shall forward
the report to the lieutenant governor and the speaker of the house
of representatives not later than December 15, 2006.
SECTION 28. Section 132.002, Local Government Code, is
amended by adding Subsection (f) to read as follows:
(f) The director of a community supervision and corrections
department, with the approval of the judges described by Section
76.002, Government Code, may authorize a community supervision
official who collects fees, fines, court costs, and other charges
to:
(1) accept payment by credit card of a fee, fine, court
cost, or other charge; and
(2) collect a fee for processing the payment by credit
card.
SECTION 29. The following provisions are repealed:
(1) Sections 4(c), 16(b), 18(c), and 22A, Article
42.12, Code of Criminal Procedure; and
(2) Section 76.002(b), Government Code.
SECTION 30. (a) Except as otherwise provided by this
subsection, the change in law made by this Act applies to a person
who is on community supervision on or after the effective date of
this Act, regardless of when the person was initially placed on
community supervision. The change in law made by this Act changing
the maximum period of community supervision applies only to a
defendant initially placed on community supervision on or after the
effective date of this Act.
(b) The change in law made by this Act in adding Article
102.0178, Code of Criminal Procedure, and amending Section 102.021,
Government Code, applies only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this subsection, an offense was
committed before the effective date of this Act if any element of
the offense was committed before that date.
(c) The change in law made by this Act in amending Section
469.001, Health and Safety Code, applies to a defendant who enters a
drug court program under Chapter 469, Health and Safety Code,
regardless of whether the defendant committed the offense for which
the defendant enters the program before, on, or after the effective
date of this Act.
(d) The commissioners court of a county required under
Section 469.006, Health and Safety Code, as amended by this Act, to
establish a drug court program shall establish the program not
later than the later of:
(1) September 1, 2006; or
(2) the first anniversary of the initial date on which
the federal census indicates that the county's population exceeds
200,000.
(e) The change in law made by Section 76.0045, Government
Code, as added by this Act, applies only to an act or failure to act
by a judge, a community supervision or corrections department, or a
department director that occurs on or after the effective date of
this Act. An act or failure to act by a judge, a community
supervision and corrections department, or a department director
that occurs before the effective date of this Act is governed by the
law in effect on the date the act or failure to act occurred, and the
former law is continued in effect for that purpose.
(f) The community justice assistance division of the Texas
Department of Criminal Justice shall develop criteria and review
grant proposals, as required by Section 509.016, Government Code,
as added by this Act, as soon as possible after the effective date
of this Act, and shall begin making grants under that section not
later than September 30, 2005.
SECTION 31. This Act takes effect September 1, 2005.