Texas House Bill HB809

Texas 2011 - 82nd Regular

• Introduced: 1/21/11
• Refer: 2/23/11

Caption

Relating to the use of certain fees collected for pretrial intervention programs offered in a county.

Impact

The financial aspect of HB 809 aims to streamline funding for pretrial interventions, ensuring that counties can adequately cover the costs incurred by their prosecutorial offices. Significantly, it establishes a special fund within the county treasury, which would be managed by the prosecuting attorneys. Remaining funds after covering intervention expenses may be allocated for further operational costs of the prosecutor's office, but not for supplemental salaries, thus maintaining a focus on public service rather than personal financial gain.

Summary

House Bill 809 deals with the management and usage of fees collected for pretrial intervention programs at the county level. The bill amends existing provisions in the Code of Criminal Procedure, specifically targeting the financial administration of these fees. Under the proposed law, district attorneys, criminal district attorneys, and county attorneys are authorized to collect a fee of up to $500 from defendants participating in these programs. This fee is intended to reimburse the county for the administrative costs associated with managing participants in pretrial intervention programs.

Sentiment

The sentiment surrounding the bill is generally supportive from those within the criminal justice system who advocate for better funding mechanisms for pretrial intervention programs. These programs are seen as vital for diverting individuals from incarceration and facilitating rehabilitation. However, there is a concern from some community members about whether such fees could disproportionately impact lower-income defendants, potentially discouraging participation in these beneficial programs due to financial constraints.

Contention

A notable point of contention tied to HB 809 is the potential ethical implications of charging fees to defendants seeking help through pretrial intervention programs. Critics argue that imposing financial barriers can exacerbate disparities within the judicial system, as those with fewer resources may be unable to afford participation, thereby reducing the effectiveness of the program. As the bill moves forward, discussions around equity and accessibility for all defendants will likely continue to be a focal point in legislative debates.