Texas 2013 - 83rd Regular

Texas Senate Bill SB462 Compare Versions

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1	1	83R24622 KEL-D
2	2	By: Huffman S.B. No. 462
3	3	(Lewis)
4	4	Substitute the following for S.B. No. 462: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to specialty court programs in this state.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. SPECIALTY COURT PROGRAMS
12	12	SECTION 1.01. Title 2, Government Code, is amended by
13	13	adding Subtitle K to read as follows:
14	14	SUBTITLE K. SPECIALTY COURTS
15	15	CHAPTER 121. GENERAL PROVISIONS
16	16	Sec. 121.001. DEFINITION. In this subtitle, "specialty
17	17	court" means a court established under this subtitle or former law.
18	18	Sec. 121.002. OVERSIGHT. (a) The lieutenant governor and
19	19	the speaker of the house of representatives may assign to
20	20	appropriate legislative committees duties relating to the
21	21	oversight of specialty court programs.
22	22	(b) For the purpose of determining the eligibility of a
23	23	specialty court program to receive state or federal grant funds
24	24	administered by a state agency, the governor or a legislative
25	25	committee to which duties are assigned under Subsection (a) may
26	26	request the state auditor to perform a management, operations, or
27	27	financial or accounting audit of the program.
28	28	(c) Notwithstanding any other law, a specialty court
29	29	program may not operate until the judge, magistrate, or
30	30	coordinator:
31	31	(1) provides to the criminal justice division of the
32	32	governor's office:
33	33	(A) written notice of the program;
34	34	(B) any resolution or other official declaration
35	35	under which the program was established; and
36	36	(C) a copy of the applicable community justice
37	37	plan that incorporates duties related to supervision that will be
38	38	required under the program; and
39	39	(2) receives from the division written verification of
40	40	the program's compliance with Subdivision (1).
41	41	(d) A specialty court program shall:
42	42	(1) comply with all programmatic best practices
43	43	recommended by the Specialty Courts Advisory Council under Section
44	44	772.0061(b)(2) and approved by the Texas Judicial Council; and
45	45	(2) report to the criminal justice division any
46	46	information required by the division regarding the performance of
47	47	the program.
48	48	(e) A specialty court program that fails to comply with
49	49	Subsections (c) and (d) is not eligible to receive any state or
50	50	federal grant funds administered by any state agency.
51	51	SECTION 1.02. Subchapter J, Chapter 264, Family Code, is
52	52	transferred to Subtitle K, Title 2, Government Code, as added by
53	53	this Act, redesignated as Chapter 122, Government Code, and amended
54	54	to read as follows:
55	55	CHAPTER 122 [SUBCHAPTER J]. FAMILY DRUG COURT PROGRAM
56	56	Sec. 122.001 [264.801]. FAMILY DRUG COURT PROGRAM DEFINED.
57	57	In this chapter [subchapter], "family drug court program" means a
58	58	program that has the following essential characteristics:
59	59	(1) the integration of substance abuse treatment
60	60	services in the processing of civil cases in the child welfare
61	61	system with the goal of family reunification;
62	62	(2) the use of a comprehensive case management
63	63	approach involving Department of Family and Protective Services
64	64	[department] caseworkers, court-appointed case managers, and
65	65	court-appointed special advocates to rehabilitate a parent who has
66	66	had a child removed from the parent's care by the department because
67	67	of suspected child abuse or neglect and who is suspected of
68	68	substance abuse;
69	69	(3) early identification and prompt placement of
70	70	eligible parents who volunteer to participate in the program;
71	71	(4) comprehensive substance abuse needs assessment
72	72	and referral to an appropriate substance abuse treatment agency;
73	73	(5) a progressive treatment approach with specific
74	74	requirements that a parent must meet to advance to the next phase of
75	75	the program;
76	76	(6) monitoring of abstinence through periodic alcohol
77	77	or other drug testing;
78	78	(7) ongoing judicial interaction with program
79	79	participants;
80	80	(8) monitoring and evaluation of program goals and
81	81	effectiveness;
82	82	(9) continuing interdisciplinary education to promote
83	83	effective program planning, implementation, and operations; and
84	84	(10) development of partnerships with public agencies
85	85	and community organizations.
86	86	Sec. 122.002 [264.802]. AUTHORITY TO ESTABLISH PROGRAM.
87	87	The commissioners court of a county may establish a family drug
88	88	court program for persons who:
89	89	(1) have had a child removed from their care by the
90	90	Department of Family and Protective Services [department]; and
91	91	(2) are suspected by the Department of Family and
92	92	Protective Services [department] or a court of having a substance
93	93	abuse problem.
94	94	[Sec. 264.803. OVERSIGHT. (a) The lieutenant governor and
95	95	the speaker of the house of representatives may assign to
96	96	appropriate legislative committees duties relating to the
97	97	oversight of family drug court programs established under this
98	98	subchapter.
99	99	[(b) A legislative committee or the governor may request the
100	100	state auditor to perform a management, operations, or financial or
101	101	accounting audit of a family drug court program established under
102	102	this subchapter.]
103	103	Sec. 122.003 [264.804]. PARTICIPANT PAYMENT FOR TREATMENT
104	104	AND SERVICES. A family drug court program may require a participant
105	105	to pay the cost of all treatment and services received while
106	106	participating in the program, based on the participant's ability to
107	107	pay.
108	108	Sec. 122.004 [264.805]. FUNDING. A county creating a
109	109	family drug court under this chapter shall explore the possibility
110	110	of using court improvement project funds to finance the family drug
111	111	court in the county. The county shall also explore the availability
112	112	of federal and state matching funds to finance the court.
113	113	SECTION 1.03. Subsection (a), Section 76.011, Government
114	114	Code, is amended to read as follows:
115	115	(a) The department may operate programs for:
116	116	(1) the supervision and rehabilitation of persons in
117	117	pretrial intervention programs;
118	118	(2) the supervision of persons released on bail under:
119	119	(A) Chapter 11, Code of Criminal Procedure;
120	120	(B) Chapter 17, Code of Criminal Procedure;
121	121	(C) Article 44.04, Code of Criminal Procedure; or
122	122	(D) any other law;
123	123	(3) the supervision of a person subject to, or the
124	124	verification of compliance with, a court order issued under:
125	125	(A) Article 17.441, Code of Criminal Procedure,
126	126	requiring a person to install a deep-lung breath analysis mechanism
127	127	on each vehicle owned or operated by the person;
128	128	(B) Chapter 123 of this code or former law [469,
129	129	Health and Safety Code], issuing an occupational driver's license;
130	130	(C) Section 49.09(h), Penal Code, requiring a
131	131	person to install a deep-lung breath analysis mechanism on each
132	132	vehicle owned or operated by the person; or
133	133	(D) Subchapter L, Chapter 521, Transportation
134	134	Code, granting a person an occupational driver's license; and
135	135	(4) the supervision of a person not otherwise
136	136	described by Subdivision (1), (2), or (3), if a court orders the
137	137	person to submit to the supervision of, or to receive services from,
138	138	the department.
139	139	SECTION 1.04. Chapter 469, Health and Safety Code, is
140	140	transferred to Subtitle K, Title 2, Government Code, as added by
141	141	this Act, redesignated as Chapter 123, Government Code, and amended
142	142	to read as follows:
143	143	CHAPTER 123 [469]. DRUG COURT PROGRAMS
144	144	Sec. 123.001 [469.001]. DRUG COURT PROGRAM DEFINED;
145	145	PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "drug
146	146	court program" means a program that has the following essential
147	147	characteristics:
148	148	(1) the integration of alcohol and other drug
149	149	treatment services in the processing of cases in the judicial
150	150	system;
151	151	(2) the use of a nonadversarial approach involving
152	152	prosecutors and defense attorneys to promote public safety and to
153	153	protect the due process rights of program participants;
154	154	(3) early identification and prompt placement of
155	155	eligible participants in the program;
156	156	(4) access to a continuum of alcohol, drug, and other
157	157	related treatment and rehabilitative services;
158	158	(5) monitoring of abstinence through weekly alcohol
159	159	and other drug testing;
160	160	(6) a coordinated strategy to govern program responses
161	161	to participants' compliance;
162	162	(7) ongoing judicial interaction with program
163	163	participants;
164	164	(8) monitoring and evaluation of program goals and
165	165	effectiveness;
166	166	(9) continuing interdisciplinary education to promote
167	167	effective program planning, implementation, and operations; and
168	168	(10) development of partnerships with public agencies
169	169	and community organizations.
170	170	(b) If a defendant successfully completes a drug court
171	171	program, regardless of whether the defendant was convicted of the
172	172	offense for which the defendant entered the program or whether the
173	173	court deferred further proceedings without entering an
174	174	adjudication of guilt, after notice to the state and a hearing on
175	175	whether the defendant is otherwise entitled to the petition and
176	176	whether issuance of the order is in the best interest of justice,
177	177	the court shall enter an order of nondisclosure under Section
178	178	411.081[, Government Code,] as if the defendant had received a
179	179	discharge and dismissal under Section 5(c), Article 42.12, Code of
180	180	Criminal Procedure, with respect to all records and files related
181	181	to the defendant's arrest for the offense for which the defendant
182	182	entered the program if the defendant:
183	183	(1) has not been previously convicted of an [a felony]
184	184	offense listed in Section 3g, Article 42.12, Code of Criminal
185	185	Procedure, or a sexually violent offense, as defined by Article
186	186	62.001, Code of Criminal Procedure; and
187	187	(2) is not convicted for any [other] felony offense
188	188	between the date on which the defendant successfully completed the
189	189	program and [before] the second anniversary of that date [the
190	190	defendant's successful completion of the program].
191	191	(c) Notwithstanding Subsection (b), a defendant is not
192	192	entitled to petition the court for an order of nondisclosure
193	193	following successful completion of a drug court program if the
194	194	defendant's entry into the program arose as the result of a
195	195	conviction for an offense involving the operation of a motor
196	196	vehicle while intoxicated.
197	197	Sec. 123.002 [469.002]. AUTHORITY TO ESTABLISH PROGRAM.
198	198	The commissioners court of a county or governing body of a
199	199	municipality may establish the following types of drug court
200	200	programs:
201	201	(1) drug courts for persons arrested for, charged
202	202	with, or convicted of:
203	203	(A) an offense in which an element of the offense
204	204	is the use or possession of alcohol or the use, possession, or sale
205	205	of a controlled substance, a controlled substance analogue, or
206	206	marihuana; or
207	207	(B) an offense in which the use of alcohol or a
208	208	controlled substance is suspected to have significantly
209	209	contributed to the commission of the offense and the offense did not
210	210	involve:
211	211	(i) carrying, possessing, or using a
212	212	firearm or other dangerous weapon;
213	213	(ii) the use of force against the person of
214	214	another; or
215	215	(iii) the death of or serious bodily injury
216	216	to another;
217	217	(2) drug courts for juveniles detained for, taken into
218	218	custody for, or adjudicated as having engaged in:
219	219	(A) delinquent conduct, including habitual
220	220	felony conduct, or conduct indicating a need for supervision in
221	221	which an element of the conduct is the use or possession of alcohol
222	222	or the use, possession, or sale of a controlled substance, a
223	223	controlled substance analogue, or marihuana; or
224	224	(B) delinquent conduct, including habitual
225	225	felony conduct, or conduct indicating a need for supervision in
226	226	which the use of alcohol or a controlled substance is suspected to
227	227	have significantly contributed to the commission of the conduct and
228	228	the conduct did not involve:
229	229	(i) carrying, possessing, or using a
230	230	firearm or other dangerous weapon;
231	231	(ii) the use of force against the person of
232	232	another; or
233	233	(iii) the death of or serious bodily injury
234	234	to another;
235	235	(3) reentry drug courts for persons with a
236	236	demonstrated history of using alcohol or a controlled substance who
237	237	may benefit from a program designed to facilitate the person's
238	238	transition and reintegration into the community on release from a
239	239	state or local correctional facility;
240	240	(4) family dependency drug treatment courts for family
241	241	members involved in a suit affecting the parent-child relationship
242	242	in which a parent's use of alcohol or a controlled substance is a
243	243	primary consideration in the outcome of the suit; or
244	244	(5) programs for other persons not precisely described
245	245	by Subdivisions (1)-(4) who may benefit from a program that has the
246	246	essential characteristics described by Section 123.001 [469.001].
247	247	Sec. 123.003 [469.0025]. ESTABLISHMENT OF REGIONAL
248	248	PROGRAM. (a) The commissioners courts of two or more counties, or
249	249	the governing bodies of two or more municipalities, may elect to
250	250	establish a regional drug court program under this chapter for the
251	251	participating counties or municipalities.
252	252	(b) For purposes of this chapter, each county or
253	253	municipality that elects to establish a regional drug court program
254	254	under this section is considered to have established the program
255	255	and is entitled to retain fees under Article 102.0178, Code of
256	256	Criminal Procedure, in the same manner as if the county or
257	257	municipality had established a drug court program without
258	258	participating in a regional program.
259	259	[Sec. 469.003. OVERSIGHT. (a) The lieutenant governor and
260	260	the speaker of the house of representatives may assign to
261	261	appropriate legislative committees duties relating to the
262	262	oversight of drug court programs established under this chapter.
263	263	[(b) A legislative committee or the governor may request the
264	264	state auditor to perform a management, operations, or financial or
265	265	accounting audit of a drug court program established under this
266	266	chapter.
267	267	[(c) A drug court program established under this chapter
268	268	shall:
269	269	[(1) notify the criminal justice division of the
270	270	governor's office before or on implementation of the program; and
271	271	[(2) provide information regarding the performance of
272	272	the program to the division on request.]
273	273	Sec. 123.004 [469.004]. FEES. (a) A drug court program
274	274	established under this chapter may collect from a participant in
275	275	the program:
276	276	(1) a reasonable program fee not to exceed $1,000; and
277	277	(2) an alcohol or controlled substance testing,
278	278	counseling, and treatment fee in an amount necessary to cover the
279	279	costs of the testing, counseling, and treatment.
280	280	(b) Fees collected under this section may be paid on a
281	281	periodic basis or on a deferred payment schedule at the discretion
282	282	of the judge, magistrate, or coordinator [program director
283	283	administering the program]. The fees must be:
284	284	(1) based on the participant's ability to pay; and
285	285	(2) used only for purposes specific to the program.
286	286	Sec. 123.005 [469.005]. DRUG COURT PROGRAMS EXCLUSIVELY
287	287	FOR CERTAIN INTOXICATION OFFENSES. (a) The commissioners court of
288	288	a county may establish under this chapter a drug court program
289	289	exclusively for persons arrested for, charged with, or convicted of
290	290	an offense involving the operation of a motor vehicle while
291	291	intoxicated.
292	292	(b) A county that establishes a drug court program under
293	293	this chapter but does not establish a separate program under this
294	294	section must employ procedures designed to ensure that a person
295	295	arrested for, charged with, or convicted of a second or subsequent
296	296	offense involving the operation of a motor vehicle while
297	297	intoxicated participates in the county's existing drug court
298	298	program.
299	299	Sec. 123.006 [469.006]. PROGRAM IN CERTAIN COUNTIES
300	300	MANDATORY. (a) The commissioners court of a county with a
301	301	population of more than 200,000 shall:
302	302	(1) establish a drug court program under [Subdivision
303	303	(1) of] Section 123.002(1); and
304	304	(2) direct the judge, magistrate, or coordinator to
305	305	comply with Section 121.002(c)(1) [469.002].
306	306	(b) A county required under this section to establish a drug
307	307	court program shall apply for federal and state funds available to
308	308	pay the costs of the program. The criminal justice division of the
309	309	governor's office may assist a county in applying for federal funds
310	310	as required by this subsection.
311	311	(c) Notwithstanding Subsection (a), a county is required to
312	312	establish a drug court program under this section only if:
313	313	(1) the county receives federal or state funding,
314	314	including funding under Article 102.0178, Code of Criminal
315	315	Procedure, specifically for that purpose; and
316	316	(2) the judge, magistrate, or coordinator receives the
317	317	verification described by Section 121.002(c)(2).
318	318	(d) A county that does not establish a drug court program as
319	319	required by this section and maintain the program is ineligible to
320	320	receive from the state:
321	321	(1) funds for a community supervision and corrections
322	322	department; and
323	323	(2) grants for substance abuse treatment programs
324	324	administered by the criminal justice division of the governor's
325	325	office.
326	326	Sec. 123.007 [469.007]. USE OF OTHER DRUG AND ALCOHOL
327	327	AWARENESS PROGRAMS. In addition to using a drug court program
328	328	established under this chapter, the commissioners court of a county
329	329	or a court may use other drug awareness or drug and alcohol driving
330	330	awareness programs to treat persons convicted of drug or alcohol
331	331	related offenses.
332	332	Sec. 123.008 [469.008]. SUSPENSION OR DISMISSAL OF
333	333	COMMUNITY SERVICE REQUIREMENT. (a) Notwithstanding Sections 13
334	334	and 16, Article 42.12, Code of Criminal Procedure, to encourage
335	335	participation in a drug court program established under this
336	336	chapter, the judge or magistrate administering the program may
337	337	suspend any requirement that, as a condition of community
338	338	supervision, a participant in the program work a specified number
339	339	of hours at a community service project or projects.
340	340	(b) On a participant's successful completion of a drug court
341	341	program, a judge or magistrate may excuse the participant from any
342	342	condition of community supervision previously suspended under
343	343	Subsection (a).
344	344	Sec. 123.009 [469.009]. OCCUPATIONAL DRIVER'S LICENSE.
345	345	Notwithstanding Section 521.242, Transportation Code, if a
346	346	participant's driver's license has been suspended as a result of an
347	347	alcohol-related or drug-related enforcement contact, as defined by
348	348	Section 524.001, Transportation Code, or as a result of a
349	349	conviction under Section 49.04, 49.07, or 49.08, Penal Code, the
350	350	judge or magistrate administering a drug court program under this
351	351	chapter may order that an occupational license be issued to the
352	352	participant. An order issued under this section is subject to
353	353	Sections 521.248-521.252, Transportation Code, except that any
354	354	reference to a petition under Section 521.242 of that code does not
355	355	apply.
356	356	SECTION 1.05. Chapter 617, Health and Safety Code, is
357	357	transferred to Subtitle K, Title 2, Government Code, as added by
358	358	this Act, redesignated as Chapter 124, Government Code, and amended
359	359	to read as follows:
360	360	CHAPTER 124 [617]. VETERANS COURT PROGRAM
361	361	Sec. 124.001 [617.001]. VETERANS COURT PROGRAM DEFINED;
362	362	PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans
363	363	court program" means a program that has the following essential
364	364	characteristics:
365	365	(1) the integration of services in the processing of
366	366	cases in the judicial system;
367	367	(2) the use of a nonadversarial approach involving
368	368	prosecutors and defense attorneys to promote public safety and to
369	369	protect the due process rights of program participants;
370	370	(3) early identification and prompt placement of
371	371	eligible participants in the program;
372	372	(4) access to a continuum of alcohol, controlled
373	373	substance, mental health, and other related treatment and
374	374	rehabilitative services;
375	375	(5) careful monitoring of treatment and services
376	376	provided to program participants;
377	377	(6) a coordinated strategy to govern program responses
378	378	to participants' compliance;
379	379	(7) ongoing judicial interaction with program
380	380	participants;
381	381	(8) monitoring and evaluation of program goals and
382	382	effectiveness;
383	383	(9) continuing interdisciplinary education to promote
384	384	effective program planning, implementation, and operations; and
385	385	(10) development of partnerships with public agencies
386	386	and community organizations, including the United States
387	387	Department of Veterans Affairs.
388	388	(b) If a defendant successfully completes a veterans court
389	389	program[,] as authorized under Section 76.011, [Government Code,]
390	390	after notice to the attorney representing the state and a hearing in
391	391	the veterans court at which that court determines that a dismissal
392	392	is in the best interest of justice, the court in which the criminal
393	393	case is pending shall dismiss the criminal action against the
394	394	defendant.
395	395	Sec. 124.002 [617.002]. AUTHORITY TO ESTABLISH PROGRAM;
396	396	ELIGIBILITY. (a) The commissioners court of a county may
397	397	establish a veterans court program for persons arrested for or
398	398	charged with any misdemeanor or felony offense. A defendant is
399	399	eligible to participate in a veterans court program established
400	400	under this chapter only if the attorney representing the state
401	401	consents to the defendant's participation in the program and if the
402	402	court in which the criminal case is pending finds that the
403	403	defendant:
404	404	(1) is a veteran or current member of the United States
405	405	armed forces, including a member of the reserves, national guard,
406	406	or state guard; and
407	407	(2) suffers from a brain injury, mental illness, or
408	408	mental disorder, including post-traumatic stress disorder, that:
409	409	(A) resulted from the defendant's military
410	410	service in a combat zone or other similar hazardous duty area; and
411	411	(B) materially affected the defendant's criminal
412	412	conduct at issue in the case.
413	413	(b) The court in which the criminal case is pending shall
414	414	allow an eligible defendant to choose whether to proceed through
415	415	the veterans court program or otherwise through the criminal
416	416	justice system.
417	417	(c) Proof of matters described by Subsection (a) may be
418	418	submitted to the court in which the criminal case is pending in any
419	419	form the court determines to be appropriate, including military
420	420	service and medical records, previous determinations of a
421	421	disability by a veteran's organization or by the United States
422	422	Department of Veterans Affairs, testimony or affidavits of other
423	423	veterans or service members, and prior determinations of
424	424	eligibility for benefits by any state or county veterans office.
425	425	The court's findings must accompany any docketed case.
426	426	Sec. 124.003 [617.003]. DUTIES OF VETERANS COURT. (a) A
427	427	veterans court program established under this chapter must:
428	428	(1) ensure a person eligible for the program is
429	429	provided legal counsel before volunteering to proceed through the
430	430	program and while participating in the program;
431	431	(2) allow a participant to withdraw from the program
432	432	at any time before a trial on the merits has been initiated;
433	433	(3) provide a participant with a court-ordered
434	434	individualized treatment plan indicating the services that will be
435	435	provided to the participant; and
436	436	(4) ensure that the jurisdiction of the veterans court
437	437	continues for a period of not less than six months but does not
438	438	continue beyond the period of community supervision for the offense
439	439	charged.
440	440	(b) A veterans court program established under this chapter
441	441	shall make, establish, and publish local procedures to ensure
442	442	maximum participation of eligible defendants in the county or
443	443	counties in which those defendants reside.
444	444	(c) This chapter does not prevent the initiation of
445	445	procedures under Chapter 46B, Code of Criminal Procedure.
446	446	Sec. 124.004 [617.004]. ESTABLISHMENT OF REGIONAL PROGRAM.
447	447	(a) The commissioners courts of two or more counties may elect to
448	448	establish a regional veterans court program under this chapter for
449	449	the participating counties.
450	450	(b) For purposes of this chapter, each county that elects to
451	451	establish a regional veterans court program under this section is
452	452	considered to have established the program and is entitled to
453	453	retain fees under Article 102.0178, Code of Criminal Procedure, in
454	454	the same manner as if the county had established a veterans court
455	455	program without participating in a regional program.
456	456	[Sec. 617.005. OVERSIGHT. (a) The lieutenant governor and
457	457	the speaker of the house of representatives may assign to
458	458	appropriate legislative committees duties relating to the
459	459	oversight of veterans court programs established under this
460	460	chapter.
461	461	[(b) A legislative committee or the governor may request the
462	462	state auditor to perform a management, operations, or financial or
463	463	accounting audit of a veterans court program established under this
464	464	chapter.
465	465	[(c) A veterans court program established under this
466	466	chapter shall:
467	467	[(1) notify the criminal justice division of the
468	468	governor's office before or on implementation of the program; and
469	469	[(2) provide information regarding the performance of
470	470	the program to that division on request.]
471	471	Sec. 124.005 [617.006]. FEES. (a) A veterans court
472	472	program established under this chapter may collect from a
473	473	participant in the program:
474	474	(1) a reasonable program fee not to exceed $1,000; and
475	475	(2) a testing, counseling, and treatment fee in an
476	476	amount necessary to cover the costs of any testing, counseling, or
477	477	treatment performed or provided under the program.
478	478	(b) Fees collected under this section may be paid on a
479	479	periodic basis or on a deferred payment schedule at the discretion
480	480	of the judge, magistrate, or coordinator [program director
481	481	administering the program]. The fees must be:
482	482	(1) based on the participant's ability to pay; and
483	483	(2) used only for purposes specific to the program.
484	484	SECTION 1.06. Chapter 616, Health and Safety Code, is
485	485	transferred to Subtitle K, Title 2, Government Code, as added by
486	486	this Act, redesignated as Chapter 125, Government Code, and amended
487	487	to read as follows:
488	488	CHAPTER 125 [616]. MENTAL HEALTH COURT PROGRAMS
489	489	Sec. 125.001 [616.001]. MENTAL HEALTH COURT PROGRAM
490	490	DEFINED. In this chapter, "mental health court program" means a
491	491	program that has the following essential characteristics:
492	492	(1) the integration of mental illness treatment
493	493	services and mental retardation services in the processing of cases
494	494	in the judicial system;
495	495	(2) the use of a nonadversarial approach involving
496	496	prosecutors and defense attorneys to promote public safety and to
497	497	protect the due process rights of program participants;
498	498	(3) early identification and prompt placement of
499	499	eligible participants in the program;
500	500	(4) access to mental illness treatment services and
501	501	mental retardation services;
502	502	(5) ongoing judicial interaction with program
503	503	participants;
504	504	(6) diversion of potentially mentally ill or mentally
505	505	retarded defendants to needed services as an alternative to
506	506	subjecting those defendants to the criminal justice system;
507	507	(7) monitoring and evaluation of program goals and
508	508	effectiveness;
509	509	(8) continuing interdisciplinary education to promote
510	510	effective program planning, implementation, and operations; and
511	511	(9) development of partnerships with public agencies
512	512	and community organizations, including local mental retardation
513	513	authorities.
514	514	Sec. 125.002 [616.002]. AUTHORITY TO ESTABLISH PROGRAM.
515	515	The commissioners court of a county may establish a mental health
516	516	court program for persons who:
517	517	(1) have been arrested for or charged with a
518	518	misdemeanor or felony; and
519	519	(2) are suspected by a law enforcement agency or a
520	520	court of having a mental illness or mental retardation.
521	521	Sec. 125.003 [616.003]. PROGRAM. (a) A mental health
522	522	court program established under Section 125.002 [616.002]:
523	523	(1) may handle all issues arising under Articles 16.22
524	524	and 17.032, Code of Criminal Procedure, and Chapter 46B, Code of
525	525	Criminal Procedure; and
526	526	(2) must:
527	527	(A) ensure a person eligible for the program is
528	528	provided legal counsel before volunteering to proceed through the
529	529	mental health court program and while participating in the program;
530	530	(B) allow a person, if eligible for the program,
531	531	to choose whether to proceed through the mental health court
532	532	program or proceed through the regular criminal justice system;
533	533	(C) allow a participant to withdraw from the
534	534	mental health court program at any time before a trial on the merits
535	535	has been initiated;
536	536	(D) provide a participant with a court-ordered
537	537	individualized treatment plan indicating the services that will be
538	538	provided to the participant; and
539	539	(E) ensure that the jurisdiction of the mental
540	540	health court extends at least six months but does not extend beyond
541	541	the probationary period for the offense charged if the probationary
542	542	period is longer than six months.
543	543	(b) The issues shall be handled by a magistrate, as
544	544	designated by Article 2.09, Code of Criminal Procedure, who is part
545	545	of a mental health court program established under Section 125.002
546	546	[616.002].
547	547	[Sec. 616.004. OVERSIGHT. (a) The lieutenant governor and
548	548	the speaker of the house of representatives may assign to
549	549	appropriate legislative committees duties relating to the
550	550	oversight of mental health court programs established under Section
551	551	616.002.
552	552	[(b) A legislative committee or the governor may request the
553	553	state auditor to perform a management, operations, or financial or
554	554	accounting audit of a mental health court program established under
555	555	Section 616.002.]
556	556	Sec. 125.004 [616.005]. PARTICIPANT PAYMENT FOR TREATMENT
557	557	AND SERVICES. A mental health court program may require a
558	558	participant to pay the cost of all treatment and services received
559	559	while participating in the program, based on the participant's
560	560	ability to pay.
561	561	SECTION 1.07. Subsection (b), Section 509.007, Government
562	562	Code, is amended to read as follows:
563	563	(b) A community justice plan required under this section
564	564	must include:
565	565	(1) a statement of goals and priorities and of
566	566	commitment by the community justice council, the judges described
567	567	by Section 76.002 who established the department, and the
568	568	department director to achieve a targeted level of alternative
569	569	sanctions;
570	570	(2) a description of methods for measuring the success
571	571	of programs provided by the department or provided by an entity
572	572	served by the department;
573	573	(3) a proposal for the use of state jail felony
574	574	facilities and, at the discretion of the community justice council,
575	575	a regional proposal for the construction, operation, maintenance,
576	576	or management of a state jail felony facility by a county, a
577	577	community supervision and corrections department, or a private
578	578	vendor under a contract with a county or a community supervision and
579	579	corrections department;
580	580	(4) a description of the programs and services the
581	581	department provides or intends to provide, including a separate
582	582	description of:
583	583	(A) any services the department intends to
584	584	provide in relation to a specialty court program; and
585	585	(B) any programs or other services the department
586	586	intends to provide to enhance public safety, reduce recidivism,
587	587	strengthen the investigation and prosecution of criminal offenses,
588	588	improve programs and services available to victims of crime, and
589	589	increase the amount of restitution collected from persons
590	590	supervised by the department; and
591	591	(5) an outline of the department's projected
592	592	programmatic and budgetary needs, based on the programs and
593	593	services the department both provides and intends to provide.
594	594	SECTION 1.08. Subdivision (2), Subsection (a), Section
595	595	772.0061, Government Code, is amended to read as follows:
596	596	(2) "Specialty court" means:
597	597	(A) a family drug court program established under
598	598	Chapter 122 or former law;
599	599	(B) a drug court program established under
600	600	Chapter 123 or former law [469, Health and Safety Code];
601	601	(C) a veterans court program established under
602	602	Chapter 124 or former law; and
603	603	(D) [(B)] a mental health court program
604	604	established under Chapter 125 or former law [616, Health and Safety
605	605	Code; and
606	606	[(C) a veterans court program established under
607	607	Chapter 617, Health and Safety Code].
608	608	SECTION 1.09. Section 772.0061, Government Code, is amended
609	609	by amending Subsections (b), (c), (d), and (e) and adding
610	610	Subsection (j) to read as follows:
611	611	(b) The governor shall establish the Specialty Courts
612	612	Advisory Council within the criminal justice division established
613	613	under Section 772.006 to:
614	614	(1) evaluate applications for grant funding for
615	615	specialty courts in this state and to make funding recommendations
616	616	to the criminal justice division; and
617	617	(2) make recommendations to the criminal justice
618	618	division regarding best practices for specialty courts established
619	619	under Chapter 122, 123, 124, or 125 or former law.
620	620	(c) The council is composed of nine [seven] members
621	621	appointed by the governor as follows:
622	622	(1) one member with experience as the judge of a
623	623	specialty court described by Subsection (a)(2)(A);
624	624	(2) one member with experience as the judge of a
625	625	specialty court described by Subsection (a)(2)(B);
626	626	(3) one member with experience as the judge of a
627	627	specialty court described by Subsection (a)(2)(C);
628	628	(4) one member with experience as the judge of a
629	629	specialty court described by Subsection (a)(2)(D) [three members
630	630	with experience as judges of a specialty court]; and
631	631	(5) five [(2) four] members who represent the public.
632	632	(d) The members appointed under Subsection (c)(5) [(c)(2)]
633	633	must:
634	634	(1) reside in various geographic regions of the state;
635	635	and
636	636	(2) have experience practicing law in a specialty
637	637	court or possess knowledge and expertise in a field relating to
638	638	behavioral or mental health issues or to substance abuse treatment.
639	639	(e) Members are appointed for staggered six-year terms,
640	640	with the[. The] terms of [either two or] three members expiring[,
641	641	as applicable, expire] February 1 of each odd-numbered year.
642	642	(j) A member of the council may not receive compensation for
643	643	service on the council. The member may receive reimbursement from
644	644	the criminal justice division for actual and necessary expenses
645	645	incurred in performing council functions as provided by Section
646	646	2110.004.
647	647	ARTICLE 2. CONFORMING AMENDMENTS
648	648	SECTION 2.01. Subsection (b), Section 18, Article 42.12,
649	649	Code of Criminal Procedure, is amended to read as follows:
650	650	(b) If a judge requires as a condition of community
651	651	supervision or participation in a drug court program established
652	652	under Chapter 123, Government [469, Health and Safety] Code, or
653	653	former law that the defendant serve a term in a community
654	654	corrections facility, the term may not be more than 24 months.
655	655	SECTION 2.02. Subsection (f), Article 59.062, Code of
656	656	Criminal Procedure, is amended to read as follows:
657	657	(f) A civil penalty collected under this article shall be
658	658	deposited to the credit of the drug court account in the general
659	659	revenue fund to help fund drug court programs established under
660	660	Chapter 122, 123, 124, or 125, Government [469, Health and Safety]
661	661	Code, or former law.
662	662	SECTION 2.03. Subsection (g), Section 102.0178, Code of
663	663	Criminal Procedure, is amended to read as follows:
664	664	(g) The comptroller shall deposit the funds received under
665	665	this article to the credit of the drug court account in the general
666	666	revenue fund to help fund drug court programs established under
667	667	Chapter 122, 123, 124, or 125, Government [469, Health and Safety]
668	668	Code, or former law. The legislature shall appropriate money from
669	669	the account solely to the criminal justice division of the
670	670	governor's office for distribution to drug court programs that
671	671	apply for the money.
672	672	SECTION 2.04. Subsection (c-1), Section 58.003, Family
673	673	Code, is amended to read as follows:
674	674	(c-1) Notwithstanding Subsections (a) and (c) and subject
675	675	to Subsection (b), a juvenile court may order the sealing of records
676	676	concerning a child adjudicated as having engaged in delinquent
677	677	conduct or conduct indicating a need for supervision that violated
678	678	a penal law of the grade of misdemeanor or felony if the child
679	679	successfully completed a drug court program under Chapter 123,
680	680	Government [469, Health and Safety] Code, or former law. The court
681	681	may:
682	682	(1) order the sealing of the records immediately and
683	683	without a hearing; or
684	684	(2) hold a hearing to determine whether to seal the
685	685	records.
686	686	SECTION 2.05. Section 54.1801, Government Code, is amended
687	687	to read as follows:
688	688	Sec. 54.1801. DEFINITION. In this subchapter, "drug court"
689	689	or "drug court program" has the meaning assigned by Section 123.001
690	690	[469.001, Health and Safety Code].
691	691	SECTION 2.06. Subchapter C, Chapter 71, Government Code, is
692	692	amended by adding Section 71.037 to read as follows:
693	693	Sec. 71.037. SPECIALTY COURT BEST PRACTICES. The council
694	694	shall review and as appropriate approve recommendations made by the
695	695	Special Courts Advisory Council under Section 772.0061(b)(2).
696	696	SECTION 2.07. Subsection (d), Section 76.017, Government
697	697	Code, is amended to read as follows:
698	698	(d) After a person is screened and evaluated, a
699	699	representative of the department shall meet with the participating
700	700	criminal justice and treatment agencies to review the person's case
701	701	and to determine if the person should be referred for treatment. If
702	702	a person is considered appropriate for referral, the person may be
703	703	referred to community-based treatment in accordance with
704	704	applicable law or any other treatment program deemed appropriate.
705	705	A magistrate may order a person to participate in a treatment
706	706	program recommended under this section, including treatment in a
707	707	drug court program established under Chapter 123 or former law
708	708	[469, Health and Safety Code], as a condition of bond or condition
709	709	of pretrial release.
710	710	SECTION 2.08. Section 102.021, Government Code, is amended
711	711	to read as follows:
712	712	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
713	713	PROCEDURE. A person convicted of an offense shall pay the following
714	714	under the Code of Criminal Procedure, in addition to all other
715	715	costs:
716	716	(1) court cost on conviction of any offense, other
717	717	than a conviction of an offense relating to a pedestrian or the
718	718	parking of a motor vehicle (Art. 102.0045, Code of Criminal
719	719	Procedure) . . . $4;
720	720	(2) a fee for services of prosecutor (Art. 102.008,
721	721	Code of Criminal Procedure) . . . $25;
722	722	(3) fees for services of peace officer:
723	723	(A) issuing a written notice to appear in court
724	724	for certain violations (Art. 102.011, Code of Criminal Procedure)
725	725	. . . $5;
726	726	(B) executing or processing an issued arrest
727	727	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
728	728	Procedure) . . . $50;
729	729	(C) summoning a witness (Art. 102.011, Code of
730	730	Criminal Procedure) . . . $5;
731	731	(D) serving a writ not otherwise listed (Art.
732	732	102.011, Code of Criminal Procedure) . . . $35;
733	733	(E) taking and approving a bond and, if
734	734	necessary, returning the bond to courthouse (Art. 102.011, Code of
735	735	Criminal Procedure) . . . $10;
736	736	(F) commitment or release (Art. 102.011, Code of
737	737	Criminal Procedure) . . . $5;
738	738	(G) summoning a jury (Art. 102.011, Code of
739	739	Criminal Procedure) . . . $5;
740	740	(H) attendance of a prisoner in habeas corpus
741	741	case if prisoner has been remanded to custody or held to bail (Art.
742	742	102.011, Code of Criminal Procedure) . . . $8 each day;
743	743	(I) mileage for certain services performed (Art.
744	744	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
745	745	(J) services of a sheriff or constable who serves
746	746	process and attends examining trial in certain cases (Art. 102.011,
747	747	Code of Criminal Procedure) . . . not to exceed $5;
748	748	(4) services of a peace officer in conveying a witness
749	749	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
750	750	$10 per day or part of a day, plus actual necessary travel expenses;
751	751	(5) overtime of peace officer for time spent
752	752	testifying in the trial or traveling to or from testifying in the
753	753	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
754	754	(6) court costs on an offense relating to rules of the
755	755	road, when offense occurs within a school crossing zone (Art.
756	756	102.014, Code of Criminal Procedure) . . . $25;
757	757	(7) court costs on an offense of passing a school bus
758	758	(Art. 102.014, Code of Criminal Procedure) . . . $25;
759	759	(8) court costs on an offense of truancy or
760	760	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
761	761	. . . $20;
762	762	(9) cost for visual recording of intoxication arrest
763	763	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
764	764	$15;
765	765	(10) cost of certain evaluations (Art. 102.018, Code
766	766	of Criminal Procedure) . . . actual cost;
767	767	(11) additional costs attendant to certain
768	768	intoxication convictions under Chapter 49, Penal Code, for
769	769	emergency medical services, trauma facilities, and trauma care
770	770	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
771	771	(12) additional costs attendant to certain child
772	772	sexual assault and related convictions, for child abuse prevention
773	773	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
774	774	(13) court cost for DNA testing for certain felonies
775	775	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
776	776	(14) court cost for DNA testing for the offense of
777	777	public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
778	778	Criminal Procedure) . . . $50;
779	779	(15) court cost for DNA testing for certain felonies
780	780	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
781	781	(16) if required by the court, a restitution fee for
782	782	costs incurred in collecting restitution installments and for the
783	783	compensation to victims of crime fund (Art. 42.037, Code of
784	784	Criminal Procedure) . . . $12;
785	785	(17) if directed by the justice of the peace or
786	786	municipal court judge hearing the case, court costs on conviction
787	787	in a criminal action (Art. 45.041, Code of Criminal Procedure)
788	788	. . . part or all of the costs as directed by the judge; and
789	789	(18) costs attendant to convictions under Chapter 49,
790	790	Penal Code, and under Chapter 481, Health and Safety Code, to help
791	791	fund drug court programs established under Chapter 122, 123, 124,
792	792	or 125, Government [469, Health and Safety] Code, or former law
793	793	(Art. 102.0178, Code of Criminal Procedure) . . . $60.
794	794	SECTION 2.09. (a) Subchapter B, Chapter 103, Government
795	795	Code, is amended by adding Section 103.0271 to read as follows:
796	796	Sec. 103.0271. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
797	797	GOVERNMENT CODE. Fees and costs shall be paid or collected under
798	798	the Government Code as follows:
799	799	(1) a program fee for a drug court program (Sec.
800	800	123.004, Government Code) . . . not to exceed $1,000;
801	801	(2) an alcohol or controlled substance testing,
802	802	counseling, and treatment fee (Sec. 123.004, Government Code) . . .
803	803	the amount necessary to cover the costs of testing, counseling, and
804	804	treatment;
805	805	(3) a reasonable program fee for a veterans court
806	806	program (Sec. 124.005, Government Code) . . . not to exceed $1,000;
807	807	and
808	808	(4) a testing, counseling, and treatment fee for
809	809	testing, counseling, or treatment performed or provided under a
810	810	veterans court program (Sec. 124.005, Government Code) . . . the
811	811	amount necessary to cover the costs of testing, counseling, or
812	812	treatment.
813	813	(b) Subchapter B, Chapter 103, Government Code, is amended
814	814	by adding Section 103.0292 to read as follows:
815	815	Sec. 103.0292. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
816	816	HEALTH AND SAFETY CODE. A nonrefundable program fee for a first
817	817	offender prostitution prevention program established under Section
818	818	169.002, Health and Safety Code, shall be collected under Section
819	819	169.005, Health and Safety Code, in a reasonable amount not to
820	820	exceed $1,000, which includes:
821	821	(1) a counseling and services fee in an amount
822	822	necessary to cover the costs of counseling and services provided by
823	823	the program;
824	824	(2) a victim services fee in an amount equal to 10
825	825	percent of the total fee; and
826	826	(3) a law enforcement training fee in an amount equal
827	827	to five percent of the total fee.
828	828	(c) Sections 103.029 and 103.0291, Government Code, are
829	829	repealed.
830	830	SECTION 2.10. Subsection (a), Section 493.009, Government
831	831	Code, is amended to read as follows:
832	832	(a) The department shall establish a program to confine and
833	833	treat:
834	834	(1) defendants required to participate in the program
835	835	under Section 14, Article 42.12, Code of Criminal Procedure; and
836	836	(2) individuals referred for treatment as part of a
837	837	drug court program established under Chapter 123 [469, Health and
838	838	Safety Code,] or a similar program created under other law.
839	839	SECTION 2.11. Subdivision (1), Section 509.001, Government
840	840	Code, is amended to read as follows:
841	841	(1) "Community corrections facility" means a physical
842	842	structure, established by the judges described by Section 76.002
843	843	after authorization of the establishment of the structure has been
844	844	included in the local community justice plan, that is operated by a
845	845	department or operated for a department by an entity under contract
846	846	with the department, for the purpose of treating persons who have
847	847	been placed on community supervision or who are participating in a
848	848	drug court program established under Chapter 123 or former law
849	849	[469, Health and Safety Code,] and providing services and programs
850	850	to modify criminal behavior, deter criminal activity, protect the
851	851	public, and restore victims of crime. The term includes:
852	852	(A) a restitution center;
853	853	(B) a court residential treatment facility;
854	854	(C) a substance abuse treatment facility;
855	855	(D) a custody facility or boot camp;
856	856	(E) a facility for an offender with a mental
857	857	impairment, as defined by Section 614.001, Health and Safety Code;
858	858	and
859	859	(F) an intermediate sanction facility.
860	860	ARTICLE 3. TRANSITION
861	861	SECTION 3.01. (a) Except as provided by Subsection (b) of
862	862	this section, the change in law made by this Act applies to a
863	863	specialty court as defined by Section 121.001, Government Code, as
864	864	added by this Act, regardless of whether that court was created
865	865	under Subtitle K, Title 2, Government Code, as added by this Act, or
866	866	former law.
867	867	(b) Subsection (b), Section 123.001, Government Code, as
868	868	redesignated and amended by this Act, applies only to an offense
869	869	committed on or after the effective date of this Act. An offense
870	870	committed before the effective date of this Act is governed by the
871	871	law in effect when the offense was committed, and the former law is
872	872	continued in effect for that purpose. For purposes of this
873	873	subsection, an offense was committed before the effective date of
874	874	this Act if any element of the offense occurred before that date.
875	875	(c) Promptly after this Act takes effect, the governor shall
876	876	appoint two additional members to the Specialty Courts Advisory
877	877	Council under Section 772.0061, Government Code, as amended by this
878	878	Act, as follows:
879	879	(1) one member who has experience as a judge of a
880	880	specialty court, to serve a term expiring February 1, 2017; and
881	881	(2) one member who represents the public, to serve a
882	882	term expiring February 1, 2019.
883	883	(d) The change in law made by this Act in the qualifications
884	884	applying to a member of the Specialty Courts Advisory Council does
885	885	not affect the entitlement of a member serving on the council
886	886	immediately before September 1, 2013, to continue to serve and
887	887	function as a member of the council for the remainder of the
888	888	member's term. The change in law in the qualifications applies only
889	889	to a member appointed on or after September 1, 2013. However, as
890	890	the terms of the members serving immediately before September 1,
891	891	2013, expire or become vacant, the governor shall make additional
892	892	appointments to the council as necessary to comply with Section
893	893	772.0061, Government Code, as amended by this Act.
894	894	(e) To the extent of any conflict, this Act prevails over
895	895	another Act of the 83rd Legislature, Regular Session, 2013,
896	896	relating to nonsubstantive additions to and corrections in enacted
897	897	codes.
898	898	ARTICLE 4. EFFECTIVE DATE
899	899	SECTION 4.01. This Act takes effect September 1, 2013.