84R11058 JRR-F
By: Ellis S.B. No. 770
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Commission on Criminal and
Juvenile Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 415 to read as follows:
CHAPTER 415. TEXAS COMMISSION ON CRIMINAL AND JUVENILE JUSTICE
Sec. 415.001. DEFINITION. In this chapter, "commission"
means the Texas Commission on Criminal and Juvenile Justice.
Sec. 415.002. CREATION; MISSION. (a) The Texas Commission
on Criminal and Juvenile Justice is created.
(b) The mission of the commission is to enhance public
safety, protect the rights of crime victims, save taxpayer money,
and ensure justice and the fair treatment of all residents of this
state by focusing on:
(1) evidence-based recidivism reduction initiatives;
and
(2) cost-effective uses of public resources.
Sec. 415.003. COMPOSITION. (a) The commission is composed
of:
(1) the public safety director of the Department of
Public Safety or the director's designee;
(2) the executive director of the Texas Department of
Criminal Justice or the executive director's designee;
(3) the executive commissioner of the Health and Human
Services Commission or the executive commissioner's designee;
(4) the executive director of the Texas Juvenile
Justice Department or the executive director's designee;
(5) the administrative director of the Office of Court
Administration of the Texas Judicial System or the director's
designee;
(6) the president of the Texas Criminal Defense
Lawyers Association or the president's designee;
(7) the president of the Texas District and County
Attorneys Association or a district attorney appointed by the
president;
(8) the executive director of the Texas Indigent
Defense Commission or the executive director's designee, if the
designee is the director of a public defender office in this state
or a representative of an organization with significant knowledge
and experience in the issues under consideration by the commission;
(9) the chair of the Senate Committee on Criminal
Justice;
(10) the chair of the House Committee on Corrections;
and
(11) 11 members appointed by the governor, consisting
of:
(A) one representative of a police department who
is a peace officer;
(B) one representative of a sheriff's department
who is a peace officer;
(C) one representative of a community
supervision and corrections department;
(D) one representative of a substance abuse
treatment provider or mental health treatment provider who, under a
contract with a community supervision and corrections department,
provides treatment to individuals supervised by that department;
(E) one representative of a crime victims' rights
organization;
(F) one representative of a nonprofit entity that
specializes in criminal justice research and reform;
(G) one law professor at a law school in this
state;
(H) one professor at a university in this state;
(I) one district court judge;
(J) one county court judge; and
(K) one county commissioner.
(b) A person is not eligible to be appointed under
Subsection (a) or serve as a designee unless the person has
significant knowledge and experience in the issues under
consideration by the commission.
Sec. 415.004. DUTIES; ANNUAL REPORT. (a) The commission
shall:
(1) conduct an empirical analysis of and collect
evidence-based data on law enforcement policies and practices and
sentencing policies and practices in this state, including an
evaluation of the effectiveness of the sentences imposed in
reducing recidivism;
(2) investigate the effectiveness of alternatives to
incarceration in reducing recidivism, the factors that contribute
to recidivism, evidence-based recidivism reduction initiatives
implemented in other states, and crime and juvenile delinquency
prevention programs that have been implemented in other states and
have proven to be cost-effective;
(3) study evidence-based practices related to bail and
pretrial release;
(4) investigate and conduct an analysis of racial or
economic disparities, including the causes of the disparities,
relating to arrests of defendants or custodial actions involving
juveniles made by law enforcement, charging decisions, the
composition of juries or grand juries, and sentencing policies and
practices in this state;
(5) conduct and review existing studies and other
resources, including studies and resources conducted or compiled by
other states, concerning sentencing policies and practices in
criminal and juvenile justice systems;
(6) cooperate with other boards, task forces, research
organizations, universities, or commissions that study or address
criminal or juvenile justice issues;
(7) make findings and recommendations concerning ways
in which to improve the efficiency and effectiveness of the
criminal and juvenile justice systems in this state, including ways
to reduce disparities described by Subdivision (4); and
(8) evaluate the implementation of the
recommendations made by the commission.
(b) Not later than September 1 of each even-numbered year,
the commission shall deliver a report of the commission's findings
and recommendations to the governor, the lieutenant governor, the
speaker of the house of representatives, and the standing
committees of each house of the legislature with primary
jurisdiction over criminal and juvenile justice matters.
Sec. 415.005. APPOINTMENT OF ADVISORY COMMITTEES. The
commission may establish advisory committees it considers
necessary to accomplish the purposes of this chapter.
Sec. 415.006. TENURE OF MEMBERS. (a) An appointed member
of the commission serves at the pleasure of the appointing officer.
(b) A member who serves on the commission by virtue of the
member's office serves on the commission for the period during
which the member holds that office.
Sec. 415.007. COMPENSATION AND REIMBURSEMENT. A member of
the commission or an advisory committee established by the
commission serves without compensation but, from funds
appropriated to the Department of Public Safety, is entitled to
reimbursement for actual and necessary expenses incurred in the
performance of official commission or committee duties as provided
by Chapter 660.
Sec. 415.008. PRESIDING OFFICERS. The governor shall
designate one member of the commission to serve as presiding
officer of the commission and one member of the commission to serve
as assistant presiding officer of the commission.
Sec. 415.009. MEETINGS. The commission shall meet at least
once a month and more frequently at the call of the presiding
officer.
Sec. 415.010. TECHNICAL AND ADMINISTRATIVE ASSISTANCE. The
Department of Public Safety, the Texas Department of Criminal
Justice, and the Texas Juvenile Justice Department shall provide
the commission with resources for:
(1) data collection, research, and analysis; and
(2) publication of the commission's findings and
reports.
Sec. 415.011. GIFTS, GRANTS, AND DONATIONS. (a) For the
purpose of funding any activity of the commission under this
chapter, the commission may:
(1) apply for and accept:
(A) gifts, grants, and donations from any
organization described in Section 501(c)(3) or (4) of the Internal
Revenue Code of 1986; and
(B) federal grants; and
(2) accept donations from an individual or a private
entity.
(b) All gifts, grants, and donations must be reported in the
public records of the commission with the name of the donor and
purpose of the gift, grant, or donation accepted.
(c) The commission may authorize and disburse subgrants of
funds from those funds that the commission may accept from time to
time under this section for appropriate programs, services, and
activities related to and in accord with the purposes and
activities of the commission.
Sec. 415.012. SUNSET PROVISION; COMMISSION ABOLISHED. The
commission is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission
is abolished and this chapter expires September 1, 2027.
SECTION 2. (a) Not later than the 60th day after the
effective date of this Act, the governor shall make the
appointments required by Chapter 415, Government Code, as added by
this Act.
(b) The Texas Commission on Criminal and Juvenile Justice
shall submit the first report required by Section 415.004,
Government Code, as added by this Act, not later than September 1,
2016.
SECTION 3. 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, 2015.