Texas 2017 - 85th Regular

Texas House Bill HB3303

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of a pretrial drug diversion program

Impact

This bill has the potential to alter existing laws regarding how drug offenders are treated within the Texas criminal justice system. By creating a structured framework for pretrial diversion, the legislation aims to reduce incarceration rates for drug-related offenses, focusing instead on rehabilitation through community corrections facilities. It mandates that the director of these facilities must evaluate and report on a participant's progress, allowing more personalized supervision tailored to individual rehabilitation needs. The desired outcome is to improve both the rates of recovery among participants and overall public safety.

Summary

House Bill 3303 establishes a pretrial drug diversion program aimed at providing alternatives to incarceration for individuals charged with drug-related offenses. This legislation seeks to enhance community supervision efforts by imposing conditions that may allow for rehabilitation rather than traditional punitive measures. A significant aspect of the bill is that while individuals are placed in community corrections facilities, their maximum term cannot exceed 24 months unless further sanctioned by a judge, encouraging a structured approach to recovery and reintegration into society.

Contention

There are notable points of contention surrounding HB 3303. Advocates argue that this bill is a progressive step towards reforming the criminal justice system, as it emphasizes rehabilitation over punishment. However, critics express concerns about potential loopholes in the program's implementation, including the effectiveness of the community corrections facilities in genuinely facilitating recovery as opposed to merely serving as another form of incarceration. Additionally, some stakeholders worry that resources allocated to these programs might divert funding away from other critical areas of criminal justice and social services.

Companion Bills

TX SB1399

Identical Relating to confinement in a community corrections facility of a defendant participating in a pretrial intervention program.

Previously Filed As

TX HB1977

Relating to the creation of a pretrial intervention program for certain youth offenders; authorizing a fee.

TX HB4379

Relating to citations and arrests for criminal offenses and pretrial detention and release.

TX HB4398

Relating to the powers and duties of a personal bond or personal bond and pretrial supervision office.

TX HB5183

Relating to educational programs for persons whose driver's license is suspended following conviction of certain drug offenses.

TX HB4998

Relating to the creation of a mental health jail diversion pilot program in Bexar County.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB1907

Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.

TX SB686

Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.

TX HB1520

Relating to the continuation and functions of the Texas Juvenile Justice Department and the functions of the office of independent ombudsman for the Texas Juvenile Justice Department.

TX HB44

Relating to measures to ensure the safety and welfare of the southern border region of this state, including protection from ongoing criminal activity and public health threats; creating a criminal offense; creating a civil penalty.

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