By: Geren (Senate Sponsor - Birdwell) H.B. No. 3391
(In the Senate - Received from the House May 15, 2017;
May 15, 2017, read first time and referred to Committee on State
Affairs; May 19, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a specialty court for certain public
safety employees who commit a criminal offense; imposing fees for
participation and testing, counseling, and treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle K, Title 2, Government Code, is amended
by adding Chapter 129 to read as follows:
CHAPTER 129. PUBLIC SAFETY EMPLOYEES TREATMENT COURT PROGRAM
Sec. 129.001. DEFINITION. In this chapter, "public safety
employee" means a peace officer, firefighter, detention officer,
county jailer, or emergency medical services employee of this state
or a political subdivision of this state.
Sec. 129.002. PUBLIC SAFETY EMPLOYEES TREATMENT COURT
PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this
chapter, "public safety employees treatment court program" means a
program that has the following essential characteristics:
(1) the integration of services in the processing of
cases in the judicial system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to a continuum of alcohol, controlled
substance, mental health, and other related treatment and
rehabilitative services;
(5) careful monitoring of treatment and services
provided to program participants;
(6) a coordinated strategy to govern program responses
to participants' compliance;
(7) ongoing judicial interaction with program
participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote
effective program planning, implementation, and operations;
(10) development of partnerships with public agencies
and community organizations; and
(11) inclusion of a participant's family members who
agree to be involved in the treatment and services provided to the
participant under the program.
(b) If a defendant successfully completes a public safety
employees treatment court program, after notice to the attorney
representing the state and a hearing in the public safety employees
treatment court at which that court determines that a dismissal is
in the best interest of justice, the court in which the criminal
case is pending shall dismiss the case against the defendant.
Sec. 129.003. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
(a) The commissioners court of a county may establish a public
safety employees treatment court program for persons arrested for
or charged with any misdemeanor or felony offense. A defendant is
eligible to participate in a public safety employees treatment
court program established under this chapter only if the attorney
representing the state consents to the defendant's participation in
the program and if the court in which the criminal case is pending
finds that the defendant is a current or former public safety
employee who:
(1) suffers from a brain injury, mental illness, or
mental disorder, including post-traumatic stress disorder, that:
(A) occurred during or resulted from the
defendant's duties as a public safety employee; and
(B) affected the defendant's criminal conduct at
issue in the case; or
(2) is a defendant whose participation in a public
safety employees treatment court program, considering the
circumstances of the defendant's conduct, personal and social
background, and criminal history, is likely to achieve the
objective of ensuring public safety through rehabilitation of the
public safety employee in the manner provided by Section 1.02(1),
Penal Code.
(b) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to proceed through
the public safety employees treatment court program or otherwise
through the criminal justice system.
(c) Proof of matters described by Subsection (a) may be
submitted to the court in which the criminal case is pending in any
form the court determines to be appropriate, including medical
records or testimony or affidavits of other public safety
employees. The court's findings must accompany any docketed case.
Sec. 129.004. DUTIES OF PUBLIC SAFETY EMPLOYEES TREATMENT
COURT PROGRAM. (a) A public safety employees treatment court
program established under this chapter must:
(1) ensure that a defendant eligible for participation
in the program is provided legal counsel before volunteering to
proceed through the program and while participating in the program;
(2) allow a participant to withdraw from the program
at any time before a trial on the merits has been initiated;
(3) provide a participant with a court-ordered
individualized treatment plan indicating the services that will be
provided to the participant; and
(4) ensure that the jurisdiction of the public safety
employees treatment court continues for a period of not less than
six months but does not continue beyond the period of community
supervision for the offense charged.
(b) A public safety employees treatment court program
established under this chapter shall make, establish, and publish
local procedures to ensure maximum participation of eligible
defendants in the county or counties in which those defendants
reside.
(c) A public safety employees treatment court program may
allow a participant to comply with the participant's court-ordered
individualized treatment plan or to fulfill certain other court
obligations through the use of videoconferencing software or other
Internet-based communications.
(d) This chapter does not prevent the initiation of
procedures under Chapter 46B, Code of Criminal Procedure.
Sec. 129.005. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The
commissioners courts of two or more counties may elect to establish
a regional public safety employees treatment court program under
this chapter for the participating counties.
(b) For purposes of this chapter, each county that elects to
establish a regional public safety employees treatment court
program under this section is considered to have established the
program and is entitled to retain fees under Article 102.0178, Code
of Criminal Procedure, in the same manner as if the county had
established a public safety employees treatment court program
without participating in a regional program.
Sec. 129.006. FEES. (a) A public safety employees
treatment court program established under this chapter may collect
from a participant in the program:
(1) a reasonable program fee not to exceed $1,000; and
(2) a testing, counseling, and treatment fee in an
amount necessary to cover the costs of any testing, counseling, or
treatment performed or provided under the program.
(b) Fees collected under this section may be paid on a
periodic basis or on a deferred payment schedule at the discretion
of the judge, magistrate, or coordinator. The fees must be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
Sec. 129.007. COURTESY SUPERVISION. (a) A public safety
employees treatment court program that accepts placement of a
defendant may transfer responsibility for supervising the
defendant's participation in the program to another public safety
employees treatment court program that is located in the county
where the defendant works or resides. The defendant's supervision
may be transferred under this section only with the consent of both
public safety employees treatment court programs and the defendant.
(b) A defendant who consents to the transfer of the
defendant's supervision must agree to abide by all rules,
requirements, and instructions of the public safety employees
treatment court program that accepts the transfer.
(c) If a defendant whose supervision is transferred under
this section does not successfully complete the program, the public
safety employees treatment court program supervising the defendant
shall return the responsibility for the defendant's supervision to
the public safety employees treatment court program that initiated
the transfer.
(d) If a defendant is charged with an offense in a county
that does not operate a public safety employees treatment court
program, the court in which the criminal case is pending may place
the defendant in a public safety employees treatment court program
located in the county where the defendant works or resides,
provided that a program is operated in that county and the defendant
agrees to the placement. A defendant placed in a public safety
employees treatment court program in accordance with this
subsection must agree to abide by all rules, requirements, and
instructions of the program.
SECTION 2. Article 59.062(f), Code of Criminal Procedure,
is amended to read as follows:
(f) A civil penalty collected under this article shall be
deposited to the credit of the drug court account in the general
revenue fund to help fund specialty [drug] court programs
established under Chapter 122, 123, 124, [or] 125, or 129,
Government Code, or former law.
SECTION 3. Article 102.0178(g), Code of Criminal Procedure,
is amended to read as follows:
(g) The comptroller shall deposit the funds received under
this article to the credit of the drug court account in the general
revenue fund to help fund drug court programs established under
Chapter 122, 123, 124, [or] 125, or 129, Government Code, or former
law. The legislature shall appropriate money from the account
solely to the criminal justice division of the governor's office
for distribution to drug court programs that apply for the money.
SECTION 4. Subchapter B, Chapter 103, Government Code, is
amended by adding Sections 103.02714 and 103.02715 to read as
follows:
Sec. 103.02714. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
GOVERNMENT CODE. A program fee for a public safety employees
treatment court program established under Section 129.003 shall be
collected under Section 129.006 in a reasonable amount not to
exceed $1,000.
Sec. 103.02715. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
GOVERNMENT CODE. A participant in a public safety employees
treatment court program administered under Chapter 129 shall pay a
fee in an amount necessary to cover the costs of any testing,
counseling, or treatment performed or provided to the participant
under the program.
SECTION 5. Section 772.0061(a)(2), Government Code, is
amended to read as follows:
(2) "Specialty court" means:
(A) a commercially sexually exploited persons
court program established under Chapter 126 or former law;
(B) a family drug court program established under
Chapter 122 or former law;
(C) a drug court program established under
Chapter 123 or former law;
(D) a veterans treatment court program
established under Chapter 124 or former law; [and]
(E) a mental health court program established
under Chapter 125 or former law; and
(F) a public safety employees treatment court
program established under Chapter 129.
SECTION 6. Section 772.0061(b), Government Code, is amended
to read as follows:
(b) The governor shall establish the Specialty Courts
Advisory Council within the criminal justice division established
under Section 772.006 to:
(1) evaluate applications for grant funding for
specialty courts in this state and to make funding recommendations
to the criminal justice division; and
(2) make recommendations to the criminal justice
division regarding best practices for specialty courts established
under Chapter 122, 123, 124, [or] 125, or 129 or former law.
SECTION 7. This Act takes effect September 1, 2017.
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