83R9865 PEP-F
By: Allen H.B. No. 2653
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a procedure for providing
incentives for or imposing intermediate sanctions on a person who
violates certain conditions of community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 76, Government Code, is amended by
adding Section 76.0021 to read as follows:
Sec. 76.0021. SYSTEM OF INCENTIVES AND PROGRESSIVE
INTERMEDIATE SANCTIONS. (a) In addition to performing the duties
delegated under Section 76.002, the judges described by that
section shall, for the district courts and county courts at law in
the judicial district that try criminal cases:
(1) adopt a single system of incentives for consistent
exemplary conduct while on community supervision and progressive
intermediate sanctions for violations of conditions of community
supervision that includes:
(A) incentives for consistent exemplary conduct,
such as earned time credits, reduced reporting, certificates of
recognition, and other positive responses to reinforce a pattern of
exemplary behavior;
(B) sanctions for a failure to report, to
participate in a program or service, to refrain from the use of
alcohol or a controlled substance, or to pay fines, fees, and costs;
and
(C) sanctions targeted for special cases or high
risk offenders; and
(2) establish a review process to follow in
considering a reduction in or early termination of community
supervision.
(b) In adopting a system of incentives and progressive
intermediate sanctions under this section, the judges described by
Section 76.002 shall consider and may adopt the model list of
incentives and progressive intermediate sanctions established
under Section 509.017, Government Code.
SECTION 2. Section 10, Article 42.12, Code of Criminal
Procedure, is amended by amending Subsections (a), (d), and (e) and
adding Subsections (d-1) and (d-2) to read as follows:
(a) Only the court in which the defendant was tried may
grant community supervision, impose conditions, revoke the
community supervision, or discharge the defendant, unless the judge
has transferred jurisdiction of the case to another court with the
latter's consent. Except as provided by Subsections [Subsection]
(d) and (d-1) [of this section], only the judge may alter conditions
of community supervision. In a felony case, only the judge who
originally sentenced the defendant may suspend execution thereof
and place the defendant under community supervision pursuant to
Section 6 [of this article]. If the judge who originally sentenced
the defendant is deceased or disabled or if the office is vacant and
the judge who originally sentenced the defendant is deceased or
disabled or if the office is vacant and a motion is filed in
accordance with Section 6 [of this article], the clerk of the court
shall promptly forward a copy of the motion to the presiding judge
of the administrative judicial district for that court, who may
deny the motion without a hearing or appoint a judge to hold a
hearing on the motion.
(d) A judge that places a defendant on community supervision
may authorize the supervision officer supervising the defendant [or
a magistrate appointed by the district courts in the county that
give preference to criminal cases] to modify the conditions of
community supervision for the limited purpose of imposing an
intermediate sanction under Subsection (d-1) [transferring the
defendant to different programs within the community supervision
continuum of programs and sanctions]. Before imposing an
intermediate sanction, a supervision officer shall provide written
notice to the defendant of the nature of the violation or violations
involved, the date on which each violation occurred, and the
intermediate sanction to be imposed.
(d-1) The imposition of an intermediate sanction under this
section must conform with the system of incentives and progressive
intermediate sanctions adopted under Section 76.0021, Government
Code. On receipt of notice under Subsection (d), the defendant
shall immediately accept or object to the imposition of the
intermediate sanction. A defendant who objects to the imposition
of the intermediate sanction is entitled to an administrative
review to be conducted by the community supervision and corrections
department supervising the defendant not later than the fifth day
after the date the defendant received the notice. At the conclusion
of the administrative review, the director of the community
supervision and corrections department, or the director's
designee, shall dismiss or affirm the imposition of the
intermediate sanction. If the director or director's designee, as
applicable, affirms the imposition of the intermediate sanction,
the intermediate sanction becomes effective immediately. On
successful completion of an intermediate sanction, the court may
not revoke community supervision, proceed to an adjudication in the
case, or impose any other sanction based on the violation for which
the intermediate sanction was imposed.
(d-2) A supervision officer may not:
(1) impose an intermediate sanction under Subsection
(d) or (d-1) in response to a violation of the terms of community
supervision if the violation is based on the commission of a felony
offense; or
(2) impose as an intermediate sanction under
Subsection (d) or (d-1) any condition extending the term of
community supervision, increasing a fine, or placing a defendant in
a correctional facility, as defined by Section 1.07, Penal Code.
(e) A [If a] supervision officer who [or magistrate]
modifies the conditions of community supervision by imposing an
intermediate sanction[, the officer or magistrate] shall:
(1) deliver a copy of the modified conditions to the
defendant;
(2) [, shall] file a copy of the modified conditions
with the sentencing court; [,] and
(3) [shall] note the date of delivery of the copy in
the defendant's file. [If the defendant agrees to the modification
in writing, the officer or magistrate shall file a copy of the
modified conditions with the district clerk and the conditions
shall be enforced as modified. If the defendant does not agree to
the modification in writing, the supervision officer or magistrate
shall refer the case to the judge of the court for modification in
the manner provided by Section 22 of this article.]
SECTION 3. Section 11(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) The judge of the court having jurisdiction of the case
shall determine the conditions of community supervision and may, at
any time during the period of community supervision, alter or
modify the conditions. The judge may impose any reasonable
condition that is designed to protect or restore the community,
protect or restore the victim, or punish, rehabilitate, or reform
the defendant. Conditions of community supervision may include,
but shall not be limited to, the conditions that the defendant
shall:
(1) Commit no offense against the laws of this State or
of any other State or of the United States;
(2) Avoid injurious or vicious habits;
(3) Avoid persons or places of disreputable or harmful
character, including any person, other than a family member of the
defendant, who is an active member of a criminal street gang;
(4) Report to the supervision officer as directed by
the judge or supervision officer, [and] obey all rules and
regulations of the community supervision and corrections
department, and comply with any intermediate sanction imposed by
the supervision officer under Section 10, unless the director of
the community supervision and corrections department, or the
director's designee, as applicable, dismisses the imposition of the
sanction under that section;
(5) Permit the supervision officer to visit the
defendant at the defendant's home or elsewhere;
(6) Work faithfully at suitable employment as far as
possible;
(7) Remain within a specified place;
(8) Pay the defendant's fine, if one is assessed, and
all court costs whether a fine is assessed or not, in one or several
sums;
(9) Support the defendant's dependents;
(10) Participate, for a time specified by the judge,
in any community-based program, including a community-service work
program under Section 16 [of this article];
(11) Reimburse the county in which the prosecution was
instituted for compensation paid to appointed counsel for defending
the defendant in the case, if counsel was appointed, or if the
defendant was represented by a public defender's office, in an
amount that would have been paid to an appointed attorney had the
county not had a public defender's office;
(12) Remain under custodial supervision in a community
corrections facility, obey all rules and regulations of the
facility, and pay a percentage of the defendant's income to the
facility for room and board;
(13) Pay a percentage of the defendant's income to the
defendant's dependents for their support while under custodial
supervision in a community corrections facility;
(14) Submit to testing for alcohol or controlled
substances;
(15) Attend counseling sessions for substance abusers
or participate in substance abuse treatment services in a program
or facility approved or licensed by the Department of State Health
Services;
(16) With the consent of the victim of a misdemeanor
offense or of any offense under Title 7, Penal Code, participate in
victim-defendant mediation;
(17) Submit to electronic monitoring;
(18) Reimburse the compensation to victims of crime
fund for any amounts paid from that fund to or on behalf of a victim,
as defined by Article 56.32, of the defendant's offense or if no
reimbursement is required, make one payment to the compensation to
victims of crime fund in an amount not to exceed $50 if the offense
is a misdemeanor or not to exceed $100 if the offense is a felony;
(19) Reimburse a law enforcement agency for the
analysis, storage, or disposal of raw materials, controlled
substances, chemical precursors, drug paraphernalia, or other
materials seized in connection with the offense;
(20) Pay all or part of the reasonable and necessary
costs incurred by the victim for psychological counseling made
necessary by the offense or for counseling and education relating
to acquired immune deficiency syndrome or human immunodeficiency
virus made necessary by the offense;
(21) Make one payment in an amount not to exceed $50 to
a crime stoppers organization as defined by Section 414.001,
Government Code, and as certified by the Texas Crime Stoppers
Council;
(22) Submit a DNA sample to the Department of Public
Safety under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant;
(23) In any manner required by the judge, provide
public notice of the offense for which the defendant was placed on
community supervision in the county in which the offense was
committed; and
(24) Reimburse the county in which the prosecution was
instituted for compensation paid to any interpreter in the case.
SECTION 4. Chapter 509, Government Code, is amended by
adding Section 509.017 to read as follows:
Sec. 509.017. MODEL LIST OF INCENTIVES AND PROGRESSIVE
INTERMEDIATE SANCTIONS. The division shall establish a model list
of incentives and progressive intermediate sanctions that may be
adopted in a judicial district under Section 76.0021.
SECTION 5. (a) The judges described by Section 76.002,
Government Code, shall adopt the system and establish the review
process required by Section 76.0021, Government Code, as added by
this Act, not later than January 1, 2014.
(b) The community justice assistance division of the Texas
Department of Criminal Justice shall adopt the model list of
incentives and progressive intermediate sanctions as required by
Section 509.017, Government Code, as added by this Act, not later
than November 1, 2013.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.