LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 11, 2011 TO: Honorable Chris Harris, Chair, Senate Committee on Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB1682 by Ellis (Relating to the creation of managed assigned counsel programs.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure to authorize the creation of a managed assigned counsel program by a commissioners court with written approval of a judge of the juvenile court of a county or county court, statutory county court, or district court trying criminal cases. The managed assigned counsel program would be responsible for appointing counsel under specified cases.The commissioners court could appoint a governmental entity, a nonprofit corporation or a bar association to operate a program. The bill would provide procedures and requirements for a managed assigned counsel program, including the requirement of a written plan and a director. A program would be entitled to receive funds for personnel costs and expenses occurred as fixed by the commissioners court. According to the Office of Court Administration (OCA), neither the state grant funding structure nor the amounts of those grants would be modified; therefore, no significant fiscal impact to the State is anticipated. The bill would take effect September 1, 2011. Local Government Impact There could be costs associated with creating and operating a program. It is assumed that a county would create a program only if sufficient resources existed in the countys budget; therefore, no significant fiscal impact is anticipated. Harris County reported the bill would have no fiscal impact on the county. Harris County is currently implementing a hybrid public defender and appointed counsel system and has no plans to implement the system described in the bill. Ward County reported there would only be costs if the judges and commissioners decided to create and implement a program; therefore, no significant fiscal impact is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: JOB, JT, TB, TP
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
April 11, 2011
TO: Honorable Chris Harris, Chair, Senate Committee on Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB1682 by Ellis (Relating to the creation of managed assigned counsel programs.), As Introduced
TO: Honorable Chris Harris, Chair, Senate Committee on Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: SB1682 by Ellis (Relating to the creation of managed assigned counsel programs.), As Introduced
Honorable Chris Harris, Chair, Senate Committee on Jurisprudence
Honorable Chris Harris, Chair, Senate Committee on Jurisprudence
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
SB1682 by Ellis (Relating to the creation of managed assigned counsel programs.), As Introduced
SB1682 by Ellis (Relating to the creation of managed assigned counsel programs.), 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 the creation of a managed assigned counsel program by a commissioners court with written approval of a judge of the juvenile court of a county or county court, statutory county court, or district court trying criminal cases. The managed assigned counsel program would be responsible for appointing counsel under specified cases.The commissioners court could appoint a governmental entity, a nonprofit corporation or a bar association to operate a program. The bill would provide procedures and requirements for a managed assigned counsel program, including the requirement of a written plan and a director. A program would be entitled to receive funds for personnel costs and expenses occurred as fixed by the commissioners court. According to the Office of Court Administration (OCA), neither the state grant funding structure nor the amounts of those grants would be modified; therefore, no significant fiscal impact to the State is anticipated. The bill would take effect September 1, 2011.
The bill would amend the Code of Criminal Procedure to authorize the creation of a managed assigned counsel program by a commissioners court with written approval of a judge of the juvenile court of a county or county court, statutory county court, or district court trying criminal cases. The managed assigned counsel program would be responsible for appointing counsel under specified cases.The commissioners court could appoint a governmental entity, a nonprofit corporation or a bar association to operate a program. The bill would provide procedures and requirements for a managed assigned counsel program, including the requirement of a written plan and a director. A program would be entitled to receive funds for personnel costs and expenses occurred as fixed by the commissioners court.
According to the Office of Court Administration (OCA), neither the state grant funding structure nor the amounts of those grants would be modified; therefore, no significant fiscal impact to the State is anticipated. The bill would take effect September 1, 2011.
Local Government Impact
There could be costs associated with creating and operating a program. It is assumed that a county would create a program only if sufficient resources existed in the countys budget; therefore, no significant fiscal impact is anticipated. Harris County reported the bill would have no fiscal impact on the county. Harris County is currently implementing a hybrid public defender and appointed counsel system and has no plans to implement the system described in the bill. Ward County reported there would only be costs if the judges and commissioners decided to create and implement a program; therefore, no significant fiscal impact is anticipated.
There could be costs associated with creating and operating a program. It is assumed that a county would create a program only if sufficient resources existed in the countys budget; therefore, no significant fiscal impact is anticipated.
Harris County reported the bill would have no fiscal impact on the county. Harris County is currently implementing a hybrid public defender and appointed counsel system and has no plans to implement the system described in the bill.
Ward County reported there would only be costs if the judges and commissioners decided to create and implement a program; therefore, no significant fiscal impact is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: JOB, JT, TB, TP
JOB, JT, TB, TP