LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 19, 2009 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB2340 by Averitt (Relating to the electronic monitoring of certain defendants as an alternative to confinement.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to authorize a court to require a defendant to participate in an electronic monitoring program rather than being confined in the county jail if the program is operated by either a community supervision and corrections department (CSCD) that serves the county in which the court is located and operates a program approved by the Community Justice Assistance Division of the Texas Department of Criminal Justice (TDCJ-CJAD), by a commissioners court, or by a private vendor under contract with the commissioners court. Under current statute, a court may require electronic monitoring of a defendant only if the county is served by a CSCD that has a program approved by TDCJ-CJAD. The bill would authorize a county commissioners court to operate an electronic monitoring program or to contract with a private vendor to operate a program. The requirements of operation and oversight of the program would be established by provisions of the bill. A commissioners court would be authorized to use money that a defendant is ordered to pay a county for costs of electronic monitoring to pay for the services of a private vendor to operate an electronic monitoring program. A commissioners court would be authorized to subsidize all or part of the costs of a defendant's participation in the program if the defendant is indigent. Local Government Impact It is assumed that a county commissioners court would establish and operate or contract with a vendor to operate an electronic monitoring program if sufficient resources or collections from defendants are available to meet the costs and if there is not a CSCD that has an electronic monitoring program in the county. No significant fiscal implication to units of local government is anticipated. Source Agencies:696 Department of Criminal Justice LBB Staff: JOB, ESi, DB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 19, 2009
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB2340 by Averitt (Relating to the electronic monitoring of certain defendants as an alternative to confinement.), As Introduced
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB2340 by Averitt (Relating to the electronic monitoring of certain defendants as an alternative to confinement.), As Introduced
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
SB2340 by Averitt (Relating to the electronic monitoring of certain defendants as an alternative to confinement.), As Introduced
SB2340 by Averitt (Relating to the electronic monitoring of certain defendants as an alternative to confinement.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure to authorize a court to require a defendant to participate in an electronic monitoring program rather than being confined in the county jail if the program is operated by either a community supervision and corrections department (CSCD) that serves the county in which the court is located and operates a program approved by the Community Justice Assistance Division of the Texas Department of Criminal Justice (TDCJ-CJAD), by a commissioners court, or by a private vendor under contract with the commissioners court. Under current statute, a court may require electronic monitoring of a defendant only if the county is served by a CSCD that has a program approved by TDCJ-CJAD. The bill would authorize a county commissioners court to operate an electronic monitoring program or to contract with a private vendor to operate a program. The requirements of operation and oversight of the program would be established by provisions of the bill. A commissioners court would be authorized to use money that a defendant is ordered to pay a county for costs of electronic monitoring to pay for the services of a private vendor to operate an electronic monitoring program. A commissioners court would be authorized to subsidize all or part of the costs of a defendant's participation in the program if the defendant is indigent.
The bill would amend the Code of Criminal Procedure to authorize a court to require a defendant to participate in an electronic monitoring program rather than being confined in the county jail if the program is operated by either a community supervision and corrections department (CSCD) that serves the county in which the court is located and operates a program approved by the Community Justice Assistance Division of the Texas Department of Criminal Justice (TDCJ-CJAD), by a commissioners court, or by a private vendor under contract with the commissioners court. Under current statute, a court may require electronic monitoring of a defendant only if the county is served by a CSCD that has a program approved by TDCJ-CJAD.
The bill would authorize a county commissioners court to operate an electronic monitoring program or to contract with a private vendor to operate a program. The requirements of operation and oversight of the program would be established by provisions of the bill. A commissioners court would be authorized to use money that a defendant is ordered to pay a county for costs of electronic monitoring to pay for the services of a private vendor to operate an electronic monitoring program. A commissioners court would be authorized to subsidize all or part of the costs of a defendant's participation in the program if the defendant is indigent.
Local Government Impact
It is assumed that a county commissioners court would establish and operate or contract with a vendor to operate an electronic monitoring program if sufficient resources or collections from defendants are available to meet the costs and if there is not a CSCD that has an electronic monitoring program in the county. No significant fiscal implication to units of local government is anticipated.
It is assumed that a county commissioners court would establish and operate or contract with a vendor to operate an electronic monitoring program if sufficient resources or collections from defendants are available to meet the costs and if there is not a CSCD that has an electronic monitoring program in the county.
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 696 Department of Criminal Justice
696 Department of Criminal Justice
LBB Staff: JOB, ESi, DB
JOB, ESi, DB