LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION May 25, 2015 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3184 by McClendon (Relating to the establishment, operation, and funding of victim-offender mediation programs; authorizing fees.), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. The bill would allow for the establishment, operation and funding of pretrial victim-offender mediation programs. The bill would permit a commissioners court or a governing body of a municipality in coordination with the attorney representing the state to adopt administrative and local rules necessary to implement or operate the program. The pretrial victim-offender mediation program would be established by the commissioners court of a county or governing body of a municipality and made available to persons who have been arrested for or charged with a misdemeanor under Penal Code, Title 7, and have not been previously convicted of a felony or a misdemeanor other than a misdemeanor traffic violation punishable by fine only. Under the provisions of the bill, a court that established a mediation program before September 1, 2015 would be permitted to elect to apply certain provisions in implementing the program. Local Government Impact The bill would require collection of a program participation fee not to exceed $500 from defendants in the program. The $500 program fee is designated to cover many of the costs of the program. The bill would also require payment of $15 in court costs by defendants who successfully complete the program. There could be costs to a local entity that chose to establish a victim-offender mediation program; including additional staff, training costs and technical support. However, it is assumed that a local entity would establish a victim-offender mediation program only if sufficient funds were available or it would not result in a negative fiscal impact; therefore, no significant fiscal impact is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 644 Juvenile Justice Department, 304 Comptroller of Public Accounts LBB Staff: UP, EK, KJo, SD, ESi, KKR, TB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
May 25, 2015
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3184 by McClendon (Relating to the establishment, operation, and funding of victim-offender mediation programs; authorizing fees.), Committee Report 2nd House, Substituted
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB3184 by McClendon (Relating to the establishment, operation, and funding of victim-offender mediation programs; authorizing fees.), Committee Report 2nd House, Substituted
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB3184 by McClendon (Relating to the establishment, operation, and funding of victim-offender mediation programs; authorizing fees.), Committee Report 2nd House, Substituted
HB3184 by McClendon (Relating to the establishment, operation, and funding of victim-offender mediation programs; authorizing fees.), Committee Report 2nd House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would allow for the establishment, operation and funding of pretrial victim-offender mediation programs. The bill would permit a commissioners court or a governing body of a municipality in coordination with the attorney representing the state to adopt administrative and local rules necessary to implement or operate the program. The pretrial victim-offender mediation program would be established by the commissioners court of a county or governing body of a municipality and made available to persons who have been arrested for or charged with a misdemeanor under Penal Code, Title 7, and have not been previously convicted of a felony or a misdemeanor other than a misdemeanor traffic violation punishable by fine only. Under the provisions of the bill, a court that established a mediation program before September 1, 2015 would be permitted to elect to apply certain provisions in implementing the program.
The bill would allow for the establishment, operation and funding of pretrial victim-offender mediation programs. The bill would permit a commissioners court or a governing body of a municipality in coordination with the attorney representing the state to adopt administrative and local rules necessary to implement or operate the program. The pretrial victim-offender mediation program would be established by the commissioners court of a county or governing body of a municipality and made available to persons who have been arrested for or charged with a misdemeanor under Penal Code, Title 7, and have not been previously convicted of a felony or a misdemeanor other than a misdemeanor traffic violation punishable by fine only. Under the provisions of the bill, a court that established a mediation program before September 1, 2015 would be permitted to elect to apply certain provisions in implementing the program.
Local Government Impact
The bill would require collection of a program participation fee not to exceed $500 from defendants in the program. The $500 program fee is designated to cover many of the costs of the program. The bill would also require payment of $15 in court costs by defendants who successfully complete the program. There could be costs to a local entity that chose to establish a victim-offender mediation program; including additional staff, training costs and technical support. However, it is assumed that a local entity would establish a victim-offender mediation program only if sufficient funds were available or it would not result in a negative fiscal impact; therefore, no significant fiscal impact is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 644 Juvenile Justice Department, 304 Comptroller of Public Accounts
212 Office of Court Administration, Texas Judicial Council, 644 Juvenile Justice Department, 304 Comptroller of Public Accounts
LBB Staff: UP, EK, KJo, SD, ESi, KKR, TB
UP, EK, KJo, SD, ESi, KKR, TB