Texas Senate Bill SB382

Texas 2011 - 82nd Regular

• Introduced: 1/20/11
• Refer: 2/2/11

Caption

Relating to an administrative fee for defendants required by a court to perform community service in lieu of serving a term of confinement in county jail.

Impact

The implementation of SB382 is likely to have implications for both defendants and the judicial system in Texas. Defendants opting for community service in place of jail time can expect to incur this additional financial obligation. While the aim of the bill is to cover administrative costs, this could be perceived as adding a financial burden on defendants trying to comply with court-ordered community service, possibly impacting those with limited financial resources. Furthermore, it sets a precedent for similar fees in future criminal justice reforms.

Summary

SB382 introduces a provision that allows courts in Texas to impose an administrative fee on defendants who are ordered to engage in community service instead of serving jail time. This fee can be up to $50 and is intended to cover the costs associated with the administration of community service programs. The bill modifies the Texas Code of Criminal Procedure and the Government Code to include this fee structure. The changes apply only to offenses committed on or after the effective date and ensure that prior cases are still governed under the old laws.

Sentiment

Discussions around SB382's introduction have indicated a mixed sentiment, with potential support from those advocating for the efficiency of court administration and criticism from those who argue it adds to the economic burden on defendants. Supporters may view the act as a necessary adjustment to ensure that community service programs are adequately funded and managed. Critics may argue that it penalizes individuals who are already in a vulnerable position following a court ruling.

Contention

Notable points of contention regarding SB382 revolve around the fairness of imposing an additional fee on individuals who are already facing possible incarceration. Opponents may argue that this approach undermines the purpose of community service, which is designed as a rehabilitative and less punitive measure for certain offenses. The inclusion of the administrative fee could lead to debates on whether financial penalties further entrench systemic inequalities within the criminal justice system, particularly impacting low-income individuals more severely.