Texas 2015 - 84th Regular

Texas House Bill HB1930 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: White of Tyler, Flynn H.B. No. 1930
2		-	(Senate Sponsor - Menéndez)
3		-	(In the Senate - Received from the House May 11, 2015;
4		-	May 12, 2015, read first time and referred to Committee on Criminal
5		-	Justice; May 22, 2015, reported favorably by the following vote:
6		-	Yeas 6, Nays 1; May 22, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 1930
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to strategic planning for the operation of community
13	6		supervision and corrections departments.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Section 76.002(a), Government Code, is amended
16	9		to read as follows:
17	10		(a) The district judge or district judges trying criminal
18	11		cases in each judicial district and the statutory county court
19	12		judges trying criminal cases in the county or counties served by the
20	13		judicial district shall:
21	14		(1) establish a community supervision and corrections
22	15		department; and
23	16		(2) approve the department's budget and strategic
24	17		[community justice] plan.
25	18		SECTION 2. Sections 76.003(a) and (b), Government Code, are
26	19		amended to read as follows:
27	20		(a) A community justice council may [must] be established by
28	21		the commissioners court of a county [judges described by Section
29	22		76.002 who are served by a department], unless a board or council
30	23		that was in existence on September 1, 1991, is performing duties
31	24		substantially similar to those imposed on a community justice
32	25		council under this section. The council shall provide continuing
33	26		policy guidance and direction for criminal [the development of
34	27		community] justice planning [plans and community corrections
35	28		facilities], programs, and initiatives [conditions of community
36	29		supervision].
37	30		(b) A council may [should] consist of the following persons
38	31		or their designees:
39	32		(1) a sheriff of a county served by the department,
40	33		chosen by the sheriffs of the counties to be served by the
41	34		department;
42	35		(2) a county commissioner or a county judge from a
43	36		county served by the department, chosen by the county commissioners
44	37		and county judges of the counties served by the department;
45	38		(3) a city council member of the most populous
46	39		municipality in a county served by the department, chosen by the
47	40		members of the city councils of cities served by the department;
48	41		(4) not more than two state legislators elected from a
49	42		county served by the department, or in a county with a population of
50	43		one million or more to be served by the department, not more than
51	44		one state senator and one state representative elected from the
52	45		county, chosen by the state legislators elected from the county or
53	46		counties served by the department;
54	47		(5) the presiding judge from a judicial district
55	48		served by the department, chosen by the district judges from the
56	49		judicial districts served by the department;
57	50		(6) a judge of a statutory county court exercising
58	51		criminal jurisdiction in a county served by the department, chosen
59	52		by the judges of statutory county courts with criminal jurisdiction
60	53		in the counties served by the department;
61	54		(7) a county attorney with criminal jurisdiction from
62	55		a county served by the department, chosen by the county attorneys
63	56		with criminal jurisdiction from the counties served by the
64	57		department;
65	58		(8) a district attorney or criminal district attorney
66	59		from a judicial district served by the department, chosen by the
67	60		district attorneys or criminal district attorneys from the judicial
68	61		districts served by the department;
69	62		(9) an elected member of the board of trustees of an
70	63		independent school district in a county served by the department,
71	64		chosen by the members of the boards of trustees of independent
72	65		school districts located in counties served by the department; and
73	66		(10) the department director.
74	67		SECTION 3. Section 76.006(j), Government Code, is amended
75	68		to read as follows:
76	69		(j) The attorney general shall defend a statutory county
77	70		court judge in an action in state or federal court if:
78	71		(1) the cause of action is the result of the judge
79	72		performing a duty described by Section 76.002[, 76.003,] or 76.004;
80	73		and
81	74		(2) the judge requests the attorney general's
82	75		assistance in the defense.
83	76		SECTION 4. Section 76.010(c), Government Code, is amended
84	77		to read as follows:
85	78		(c) The department may authorize expenditures of funds
86	79		provided by the division to the department for the purposes of
87	80		providing facilities, equipment, and utilities for community
88	81		corrections facilities or state jail felony facilities if:
89	82		(1) the judges described by Section 76.002 recommend
90	83		[community justice council recommends] the expenditures; and
91	84		(2) the division, or the correctional institutions
92	85		division of the Texas Department of Criminal Justice in the case of
93	86		a state jail felony facility, provides funds for the purpose of
94	87		assisting in the establishment or improvement of the facilities.
95	88		SECTION 5. Section 121.002(c), Government Code, is amended
96	89		to read as follows:
97	90		(c) Notwithstanding any other law, a specialty court
98	91		program may not operate until the judge, magistrate, or
99	92		coordinator:
100	93		(1) provides to the criminal justice division of the
101	94		governor's office:
102	95		(A) written notice of the program;
103	96		(B) any resolution or other official declaration
104	97		under which the program was established; and
105	98		(C) a copy of the applicable strategic [community
106	99		justice] plan that incorporates duties related to supervision that
107	100		will be required under the program; and
108	101		(2) receives from the division written verification of
109	102		the program's compliance with Subdivision (1).
110	103		SECTION 6. Section 509.001(1), Government Code, is amended
111	104		to read as follows:
112	105		(1) "Community corrections facility" means a physical
113	106		structure, established by the judges described by Section 76.002
114	107		after authorization of the establishment of the structure has been
115	108		included in a department's strategic [the local community justice]
116	109		plan, that is operated by the [a] department or operated for the [a]
117	110		department by an entity under contract with the department, for the
118	111		purpose of treating persons who have been placed on community
119	112		supervision or who are participating in a drug court program
120	113		established under Chapter 123 or former law and providing services
121	114		and programs to modify criminal behavior, deter criminal activity,
122	115		protect the public, and restore victims of crime. The term
123	116		includes:
124	117		(A) a restitution center;
125	118		(B) a court residential treatment facility;
126	119		(C) a substance abuse treatment facility;
127	120		(D) a custody facility or boot camp;
128	121		(E) a facility for an offender with a mental
129	122		impairment, as defined by Section 614.001, Health and Safety Code;
130	123		and
131	124		(F) an intermediate sanction facility.
132	125		SECTION 7. Section 509.003(a), Government Code, is amended
133	126		to read as follows:
134	127		(a) The division shall propose and the board shall adopt
135	128		reasonable rules establishing:
136	129		(1) minimum standards for programs, community
137	130		corrections facilities and other facilities, equipment, and other
138	131		aspects of the operation of departments;
139	132		(2) a list and description of core services that
140	133		should be provided by each department;
141	134		(3) methods for measuring the success of community
142	135		supervision and corrections programs, including methods for
143	136		measuring rates of diversion, program completion, and recidivism;
144	137		(4) a format for strategic [community justice] plans;
145	138		and
146	139		(5) minimum standards for the operation of substance
147	140		abuse facilities and programs funded through the division.
148	141		SECTION 8. Sections 509.004(a) and (c), Government Code,
149	142		are amended to read as follows:
150	143		(a) The division shall require each department to:
151	144		(1) keep financial and statistical records determined
152	145		necessary by the division;
153	146		(2) submit a strategic [community justice] plan and
154	147		all supporting information requested by the division;
155	148		(3) present data requested by the division as
156	149		necessary to determine the amount of state aid for which the
157	150		department is eligible;
158	151		(4) submit periodic financial audits and statistical
159	152		reports to the division; and
160	153		(5) submit to the Department of Public Safety the full
161	154		name, address, date of birth, social security number, and driver's
162	155		license number of each person restricted to the operation of a motor
163	156		vehicle equipped with a device that uses a deep-lung breath
164	157		analysis mechanism to make impractical the operation of the motor
165	158		vehicle if ethyl alcohol is detected in the breath of the restricted
166	159		operator.
167	160		(c) The division shall prepare a report that contains a
168	161		[detailed] summary of the programs and services provided by
169	162		departments, as described in each strategic [community justice]
170	163		plan submitted to the division under Section 509.007. [The report
171	164		must include:
172	165		[(1) all financial information relating to the
173	166		programs and services described in each community justice plan; and
174	167		[(2) information concerning the amount of state aid
175	168		and funding that is not state aid used to support each program or
176	169		service provided by a department.]
177	170		SECTION 9. Section 509.007, Government Code, is amended to
178	171		read as follows:
179	172		Sec. 509.007. STRATEGIC [COMMUNITY JUSTICE] PLAN. (a) The
180	173		division shall require as a condition to payment of state aid to a
181	174		department or county under Section 509.011 [and eligibility for
182	175		payment of costs under Section 499.124] that a strategic [community
183	176		justice] plan be submitted for the department. The department
184	177		[community justice council] shall submit the plan required by this
185	178		subsection. A department [community justice council] may not
186	179		submit a plan under this section unless the plan is first approved
187	180		by the judges described by Section 76.002 who established the
188	181		department [served by the council]. The department [council]
189	182		shall submit a revised plan to the division each even-numbered year
190	183		not later than March 1. A plan may be amended at any time with the
191	184		approval of the division.
192	185		(b) A strategic [community justice] plan required under
193	186		this section must include:
194	187		(1) a statement of goals and priorities and of
195	188		commitment by the department and [community justice council,] the
196	189		judges described by Section 76.002 who established the department[,
197	190		and the department director] to achieve a targeted level of
198	191		alternative sanctions;
199	192		(2) a description of methods for measuring the success
200	193		of programs provided by the department or provided by an entity
201	194		served by the department;
202	195		(3) a summary [proposal for the use of state jail
203	196		felony facilities and, at the discretion of the community justice
204	197		council, a regional proposal for the construction, operation,
205	198		maintenance, or management of a state jail felony facility by a
206	199		county, a community supervision and corrections department, or a
207	200		private vendor under a contract with a county or a community
208	201		supervision and corrections department;
209	202		[(4) a description] of the programs and services the
210	203		department provides or intends to provide, including a separate
211	204		summary [description] of:
212	205		(A) any services the department intends to
213	206		provide in relation to a specialty court program; and
214	207		(B) any programs or other services the department
215	208		intends to provide to enhance public safety, reduce recidivism,
216	209		strengthen the investigation and prosecution of criminal offenses,
217	210		improve programs and services available to victims of crime, and
218	211		increase the amount of restitution collected from persons
219	212		supervised by the department; and
220	213		(4) [(5)] an outline of the department's projected
221	214		programmatic and budgetary needs, based on the programs and
222	215		services the department both provides and intends to provide.
223	216		SECTION 10. Section 509.0071(a), Government Code, is
224	217		amended to read as follows:
225	218		(a) In addition to submitting a strategic [community
226	219		justice] plan to the division under Section 509.007, a department
227	220		or a regional partnership of departments may submit a commitment
228	221		reduction plan to the division not later than the 60th day after the
229	222		date on which the time for gubernatorial action on the state budget
230	223		has expired under Section 14, Article IV, Texas Constitution.
231	224		SECTION 11. Section 509.010(f), Government Code, is amended
232	225		to read as follows:
233	226		(f) A department, a county, a municipality, or a combination
234	227		involving more than one of those entities may not take an action
235	228		under Section 76.010 unless the [community justice council serving
236	229		the] entity or entities hold [holds] a public meeting before the
237	230		action is taken, with notice provided and the hearing to be held in
238	231		the same manner as provided by Subsections (a) through (e).
239	232		SECTION 12. Sections 509.011(a) and (d), Government Code,
240	233		are amended to read as follows:
241	234		(a) If the division determines that a department complies
242	235		with division standards and if the department [community justice
243	236		council] has submitted a strategic [community justice] plan under
244	237		Section 509.007 and the supporting information required by the
245	238		division and the division determines the plan and supporting
246	239		information are acceptable, the division shall prepare and submit
247	240		to the comptroller vouchers for payment to the department as
248	241		follows:
249	242		(1) for per capita funding, a per diem amount for each
250	243		felony defendant directly supervised by the department pursuant to
251	244		lawful authority;
252	245		(2) for per capita funding, a per diem amount for a
253	246		period not to exceed 182 days for each defendant supervised by the
254	247		department pursuant to lawful authority, other than a felony
255	248		defendant; and
256	249		(3) for formula funding, an annual amount as computed
257	250		by multiplying a percentage determined by the allocation formula
258	251		established under Subsection (f) times the total amount provided in
259	252		the General Appropriations Act for payments under this subdivision.
260	253		(d) The division shall provide state aid to each department
261	254		on a biennial basis, pursuant to the strategic [community justice]
262	255		plan for the biennium submitted by the department. A department
263	256		with prior division approval may transfer funds from one program or
264	257		function to another program or function.
265	258		SECTION 13. Sections 499.151(d) and 507.001(e), Government
266	259		Code, are repealed.
267	260		SECTION 14. This Act takes effect September 1, 2015.
268		-	* * * * *
	261	+	______________________________ ______________________________
	262	+	President of the Senate Speaker of the House
	263	+	I certify that H.B. No. 1930 was passed by the House on May 8,
	264	+	2015, by the following vote: Yeas 142, Nays 0, 2 present, not
	265	+	voting.
	266	+	______________________________
	267	+	Chief Clerk of the House
	268	+	I certify that H.B. No. 1930 was passed by the Senate on May
	269	+	27, 2015, by the following vote: Yeas 30, Nays 1.
	270	+	______________________________
	271	+	Secretary of the Senate
	272	+	APPROVED: _____________________
	273	+	Date
	274	+	_____________________
	275	+	Governor