Texas 2019 - 86th Regular

Texas House Bill HB1653 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R20299 JRR-D
2		-	By: White, et al. H.B. No. 1653
3		-	Substitute the following for H.B. No. 1653:
4		-	By: Sherman, Sr. C.S.H.B. No. 1653
	1	+	86R8717 JRR-D
	2	+	By: White H.B. No. 1653
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to pretrial diversion programs funded by the community
10		-	justice assistance division of the Texas Department of Criminal
11		-	Justice.
	7	+	relating to certain criminal justice reforms, including measures
	8	+	related to reentry and reintegration of state jail felony
	9	+	defendants and pretrial intervention programs that provide an
	10	+	alternative to incarceration.
12	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 509.001(1), Government Code, is amended
14		-	to read as follows:
15		-	(1) "Community corrections facility" means a physical
16		-	structure, established by the judges described by Section 76.002
17		-	after authorization of the establishment of the structure has been
18		-	included in a department's strategic plan, that is operated by the
19		-	department or operated for the department by an entity under
20		-	contract with the department, for the purpose of treating persons
21		-	who have been placed on community supervision or who are
22		-	participating in a pretrial diversion [intervention] program
23		-	operated under Section 76.011 or a drug court program established
24		-	under Chapter 123 or former law and providing services and programs
25		-	to modify criminal behavior, deter criminal activity, protect the
26		-	public, and restore victims of crime. The term includes:
27		-	(A) a restitution center;
28		-	(B) a court residential treatment facility;
29		-	(C) a substance abuse treatment facility;
30		-	(D) a custody facility or boot camp;
31		-	(E) a facility for an offender with a mental
32		-	impairment, as defined by Section 614.001, Health and Safety Code;
33		-	and
34		-	(F) an intermediate sanction facility.
35		-	SECTION 2. Section 509.003(a), Government Code, is amended
	12	+	SECTION 1. Chapter 2, Code of Criminal Procedure, is
	13	+	amended by adding Article 2.026 to read as follows:
	14	+	Art. 2.026. REPORTING FINAL DISPOSITION OF OFFENSE
	15	+	INVOLVING PLACEMENT IN PRETRIAL INTERVENTION PROGRAM. As soon as
	16	+	practicable after final disposition of an offense for which the
	17	+	defendant was placed in a pretrial intervention program, the
	18	+	attorney representing the state in the defendant's case shall
	19	+	report the disposition of the offense to the Office of Court
	20	+	Administration of the Texas Judicial System.
	21	+	SECTION 2. Subchapter B, Chapter 507, Government Code, is
	22	+	amended by adding Section 507.035 to read as follows:
	23	+	Sec. 507.035. REENTRY AND REINTEGRATION GRANT PROGRAM. (a)
	24	+	The department shall establish a grant program to provide grants to
	25	+	community-based nonprofit organizations that provide reentry and
	26	+	reintegration services to defendants released from state jail
	27	+	felony facilities.
	28	+	(b) The department shall contract with a nonprofit
	29	+	organization to administer the grant program. In administering the
	30	+	grant program, the nonprofit organization shall:
	31	+	(1) give priority in awarding grants to
	32	+	community-based nonprofit organizations serving communities in
	33	+	which the rate of state jail felony arrests significantly exceeds
	34	+	the statewide average;
	35	+	(2) provide technical and administrative assistance,
	36	+	as appropriate, to grant recipients;
	37	+	(3) establish performance and reporting standards for
	38	+	grant recipients, subject to approval by the department; and
	39	+	(4) regularly report to the department information
	40	+	regarding the results of the grant program and any other
	41	+	information required by the department.
	42	+	(c) Reentry and reintegration services provided by a
	43	+	recipient of a grant under this section:
	44	+	(1) must include peer support services; and
	45	+	(2) may include educational, vocational, housing, or
	46	+	other services designed to reduce recidivism and support the
	47	+	successful reentry and reintegration of defendants released from
	48	+	state jail felony facilities.
	49	+	(d) Not later than December 31 of each year, the department
	50	+	shall submit to the governor, lieutenant governor, and speaker of
	51	+	the house of representatives a report on the administration of the
	52	+	grant program. The report must include information on the
	53	+	recidivism rates of defendants released from state jail felony
	54	+	facilities who received reentry and reintegration services from a
	55	+	recipient of a grant under this section.
	56	+	(e) The department shall adopt any rules necessary to
	57	+	implement this section.
	58	+	SECTION 3. Section 509.003(a), Government Code, is amended
36	59		to read as follows:
37	60		(a) The division shall propose and the board shall adopt
38	61		reasonable rules establishing:
39	62		(1) minimum standards for programs, community
40	63		corrections facilities and other facilities, equipment, and other
41	64		aspects of the operation of departments;
42	65		(2) a list and description of core services that
43	66		should be provided by each department;
44	67		(3) methods for measuring the success of community
45	68		supervision and corrections programs, including methods for
46	69		measuring rates of diversion, program completion, and recidivism;
47	70		(4) a format for strategic plans; [and]
48	71		(5) minimum standards for the operation of substance
49	72		abuse facilities and programs funded through the division; and
50	73		(6) minimum standards for the operation of pretrial
51		-	diversion programs funded through the division.
52		-	SECTION 3. Chapter 509, Government Code, is amended by
53		-	adding Section 509.0045 to read as follows:
54		-	Sec. 509.0045. PRETRIAL DIVERSION INFORMATION MANAGEMENT
55		-	SYSTEM; REPORTING OF INFORMATION. (a) The division shall
56		-	establish and operate an information management system to be used
57		-	by departments, municipalities, and counties that receive funds
58		-	under this chapter for pretrial diversion programs.
59		-	(b) The system established under Subsection (a) must assist
60		-	departments, municipalities, and counties in:
61		-	(1) identifying defendants who are eligible for
62		-	pretrial diversion programs;
63		-	(2) collecting and accessing information relating to
64		-	the defendants;
65		-	(3) selecting appropriate release conditions for the
66		-	defendants;
67		-	(4) monitoring the defendants' compliance with release
68		-	conditions; and
69		-	(5) performing other functions related to defendants
70		-	participating in pretrial diversion programs.
71		-	(c) The division shall require each department,
72		-	municipality, and county that receives funds under this chapter for
73		-	a pretrial diversion program to report, in the manner prescribed by
74		-	the division, information requested by the division that relates
75		-	to:
76		-	(1) the development or operation of the pretrial
77		-	diversion program for which the recipient receives funds under this
78		-	chapter; or
79		-	(2) a defendant participating in a pretrial diversion
80		-	program described by Subdivision (1).
81		-	SECTION 4. Section 509.0071(f), Government Code, is amended
82		-	to read as follows:
83		-	(f) A department or regional partnership of departments may
84		-	use funds received under Subsection (e) to provide any program or
85		-	service that a department is authorized to provide under other law,
86		-	including implementing, administering, and supporting
87		-	evidence-based community supervision strategies, electronic
88		-	monitoring, substance abuse and mental health counseling and
89		-	treatment, specialized community supervision caseloads,
90		-	intermediate sanctions, victims' services, restitution collection,
91		-	short-term incarceration in county jails, specialized courts,
92		-	pretrial services, pretrial diversion [and intervention] programs,
93		-	and work release and day reporting centers.
94		-	SECTION 5. Sections 509.011(a), (b), (e), and (f),
95		-	Government Code, are amended to read as follows:
	74	+	intervention programs funded through the division.
	75	+	SECTION 4. Section 509.011, Government Code, is amended by
	76	+	amending Subsections (a), (e), and (f) and adding Subsections (a-1)
	77	+	and (f-1) to read as follows:
96	78		(a) If the division determines that a department complies
97	79		with division standards and if the department has submitted a
98	80		strategic plan under Section 509.007 and the supporting information
99	81		required by the division and the division determines the plan and
100	82		supporting information are acceptable, the division shall prepare
101	83		and submit to the comptroller vouchers for payment to the
102	84		department as follows:
103	85		(1) for per capita funding, a per diem amount for each
104		-	felony defendant on community supervision who is directly
105		-	supervised by the department pursuant to lawful authority;
	86	+	[felony] defendant directly supervised by the department pursuant
	87	+	to lawful authority for an offense punishable as:
	88	+	(A) a felony; or
	89	+	(B) a misdemeanor under Section 30.04,
	90	+	31.03(e)(3), 43.02(c), 49.04, 49.05, 49.06, or 49.065, Penal Code;
106	91		(2) for per capita funding, a per diem amount for a
107		-	period not to exceed 182 days for each defendant on community
108		-	supervision who is supervised by the department pursuant to lawful
109		-	authority, other than a [felony] defendant described by Subdivision
110		-	(1); [and]
111		-	(3) for per capita funding, a per diem amount for each
112		-	felony defendant participating in a pretrial diversion program who
113		-	is directly supervised by the department pursuant to lawful
114		-	authority;
115		-	(4) for per capita funding, a per diem amount for a
116		-	period not to exceed 182 days for each defendant participating in a
117		-	pretrial diversion program who is supervised by the department
118		-	pursuant to lawful authority, other than a defendant described by
119		-	Subdivision (3); and
120		-	(5) for formula funding, an annual amount as computed
	92	+	period not to exceed 182 days for each defendant supervised by the
	93	+	department pursuant to lawful authority for a misdemeanor
	94	+	offense[,] other than an offense described by Subdivision (1)(B) [a
	95	+	felony defendant]; and
	96	+	(3) for formula funding, an annual amount as computed
121	97		by multiplying a percentage determined by the allocation formula
122	98		established under Subsection (f) times the total amount provided in
123	99		the General Appropriations Act for payments under this subdivision.
124		-	(b) The division may use discretionary grant funds to
125		-	further the purposes of this chapter by contracting for services
126		-	with state agencies or nonprofit organizations. The division may
127		-	also make discretionary grants to departments, municipalities, or
128		-	counties for the following purposes:
129		-	(1) development and operation of pretrial and
130		-	presentencing services;
131		-	(2) development and operation of pretrial diversion
132		-	programs that meet the standards adopted under Section
133		-	509.003(a)(6);
134		-	(3) electronic monitoring services, surveillance
135		-	supervision programs, and controlled substances testing services;
136		-	(4) [(3)] research projects to evaluate the
137		-	effectiveness of community corrections programs, if the research is
138		-	conducted in cooperation with the Criminal Justice Policy Council;
139		-	(5) [(4)] contract services for felony defendants;
140		-	(6) [(5)] residential services for misdemeanor
141		-	defendants who exhibit levels of risk or needs indicating a need for
142		-	confinement and treatment[, as described by Section 509.005(b)];
143		-	(7) [(6)] establishment or operation of county
144		-	correctional centers under Subchapter H, Chapter 351, Local
145		-	Government Code, or community corrections facilities for which the
146		-	division has established standards under Section 509.006;
147		-	(8) [(7)] development and operation of treatment
148		-	alternative to incarceration programs under Section 76.017; and
149		-	(9) [(8)] other purposes determined appropriate by
150		-	the division and approved by the board.
	100	+	(a-1) The division may provide to a department,
	101	+	municipality, or county operating a pretrial intervention program
	102	+	that meets the standards adopted under Section 509.003(a)(6) per
	103	+	capita funding that is a per diem amount for each felony defendant
	104	+	participating in the program.
151	105		(e) In establishing per diem payments authorized by
152		-	Subsections (a)(1), [and] (a)(2), ~~(a)(3),~~ and (a~~)(4~~), the division
153		-	~~shall~~ consider the amounts appropriated in the General
154		-	~~Appropriations Act~~ for basic supervision as sufficient to provide
155		-	~~basic supervision in~~ each year of the fiscal biennium.
	106	+	Subsections (a)(1), [and] (a)(2), and (a-1), the division shall
	107	+	consider the amounts appropriated in the General Appropriations Act
	108	+	for basic supervision as sufficient to provide basic supervision in
	109	+	each year of the fiscal biennium.
156	110		(f) The division annually shall compute for each department
157	111		for community corrections program formula funding a percentage
158		-	determined by assigning equal weights to the percentage of the
159		-	state's population residing in the counties served by the
160		-	department and the department's percentage of all felony defendants
161		-	in the state under direct community supervision or pretrial
162		-	diversion supervision. The division shall use the most recent
163		-	information available in making computations under this
164		-	subsection. The board by rule may adopt a policy limiting for all
	112	+	determined by assigning equal weights to:
	113	+	(1) the percentage of the state's population residing
	114	+	in the counties served by the department; and
	115	+	(2) the [department's] percentage of all felony
	116	+	defendants in the state who are:
	117	+	(A) on [under direct] community supervision and
	118	+	directly supervised by the department; and
	119	+	(B) participating in a pretrial intervention
	120	+	program that is funded wholly or partly by the division and that is
	121	+	located in a county served by the department, regardless of whether
	122	+	the program is operated by the department.
	123	+	(f-1) The division shall use the most recent information
	124	+	available in making computations under Subsection (f) [this
	125	+	subsection]. The board by rule may adopt a policy limiting for all
165	126		departments the percentage of benefit or loss that may be realized
166		-	as a result of the operation of the formula.
167		-	SECTION 6. Section 509.013, Government Code, is amended by
168		-	adding Subsection (c) to read as follows:
169		-	(c) In awarding a grant for the development or operation of
170		-	a pretrial diversion program, the division shall give priority to
171		-	programs that:
172		-	(1) establish pretrial diversion programs for state
173		-	jail felony defendants;
174		-	(2) place eligible defendants into pretrial diversion
175		-	programs as soon as practicable after each defendant's arrest; or
176		-	(3) seek to ensure that defendants successfully
177		-	satisfy the requirements of the program in a timely and efficient
178		-	manner.
179		-	SECTION 7. Article 42A.602(a), Code of Criminal Procedure,
180		-	is amended to read as follows:
181		-	(a) If a judge requires as a condition of community
182		-	supervision or participation in a pretrial diversion
183		-	[intervention] program operated under Section 76.011, Government
184		-	Code, or a drug court program established under Chapter 123,
185		-	Government Code, or former law that the defendant serve a term of
186		-	confinement in a community corrections facility, the term may not
187		-	exceed 24 months.
188		-	SECTION 8. Article 42A.604(a), Code of Criminal Procedure,
189		-	is amended to read as follows:
190		-	(a) As directed by the judge, the community corrections
191		-	facility director shall file with the community supervision and
192		-	corrections department director or administrator of a drug court
193		-	program, as applicable, a copy of an evaluation made by the facility
194		-	director of the defendant's behavior and attitude at the facility.
195		-	The community supervision and corrections department director or
196		-	program administrator shall examine the evaluation, make written
197		-	comments on the evaluation that the director or administrator
198		-	considers relevant, and file the evaluation and comments with the
199		-	judge who granted community supervision to the defendant or placed
200		-	the defendant in a pretrial diversion [intervention] program or
201		-	drug court program. If the evaluation indicates that the defendant
202		-	has made significant progress toward compliance with court-ordered
203		-	conditions of community supervision or objectives of placement in
204		-	the program, as applicable, the judge may release the defendant
205		-	from the community corrections facility. A defendant who served a
206		-	term in the facility as a condition of community supervision shall
207		-	serve the remainder of the defendant's community supervision under
208		-	any terms and conditions the court imposes under this chapter.
209		-	SECTION 9. Article 55.01(a), Code of Criminal Procedure, is
210		-	amended to read as follows:
211		-	(a) A person who has been placed under a custodial or
212		-	noncustodial arrest for commission of either a felony or
213		-	misdemeanor is entitled to have all records and files relating to
214		-	the arrest expunged if:
215		-	(1) the person is tried for the offense for which the
216		-	person was arrested and is:
217		-	(A) acquitted by the trial court, except as
218		-	provided by Subsection (c); or
219		-	(B) convicted and subsequently:
220		-	(i) pardoned for a reason other than that
221		-	described by Subparagraph (ii); or
222		-	(ii) pardoned or otherwise granted relief
223		-	on the basis of actual innocence with respect to that offense, if
224		-	the applicable pardon or court order clearly indicates on its face
225		-	that the pardon or order was granted or rendered on the basis of the
226		-	person's actual innocence; or
227		-	(2) the person has been released and the charge, if
228		-	any, has not resulted in a final conviction and is no longer pending
229		-	and there was no court-ordered community supervision under Chapter
230		-	42A for the offense, unless the offense is a Class C misdemeanor,
231		-	provided that:
232		-	(A) regardless of whether any statute of
233		-	limitations exists for the offense and whether any limitations
234		-	period for the offense has expired, an indictment or information
235		-	charging the person with the commission of a misdemeanor offense
236		-	based on the person's arrest or charging the person with the
237		-	commission of any felony offense arising out of the same
238		-	transaction for which the person was arrested:
239		-	(i) has not been presented against the
240		-	person at any time following the arrest, and:
241		-	(a) at least 180 days have elapsed
242		-	from the date of arrest if the arrest for which the expunction was
243		-	sought was for an offense punishable as a Class C misdemeanor and if
244		-	there was no felony charge arising out of the same transaction for
245		-	which the person was arrested;
246		-	(b) at least one year has elapsed from
247		-	the date of arrest if the arrest for which the expunction was sought
248		-	was for an offense punishable as a Class B or A misdemeanor and if
249		-	there was no felony charge arising out of the same transaction for
250		-	which the person was arrested;
251		-	(c) at least three years have elapsed
252		-	from the date of arrest if the arrest for which the expunction was
253		-	sought was for an offense punishable as a felony or if there was a
254		-	felony charge arising out of the same transaction for which the
255		-	person was arrested; or
256		-	(d) the attorney representing the
257		-	state certifies that the applicable arrest records and files are
258		-	not needed for use in any criminal investigation or prosecution,
259		-	including an investigation or prosecution of another person; or
260		-	(ii) if presented at any time following the
261		-	arrest, was dismissed or quashed, and the court finds that the
262		-	indictment or information was dismissed or quashed because:
263		-	(a) the person completed a veterans
264		-	treatment court program created under Chapter 124, Government Code,
265		-	or former law, subject to Subsection (a-3);
266		-	(b) the person completed a pretrial
267		-	diversion [intervention] program authorized under Section 76.011,
268		-	Government Code, other than a veterans treatment court program
269		-	created under Chapter 124, Government Code, or former law;
270		-	(c) the presentment had been made
271		-	because of mistake, false information, or other similar reason
272		-	indicating absence of probable cause at the time of the dismissal to
273		-	believe the person committed the offense; or
274		-	(d) the indictment or information was
275		-	void; or
276		-	(B) prosecution of the person for the offense for
277		-	which the person was arrested is no longer possible because the
278		-	limitations period has expired.
279		-	SECTION 10. Article 102.012, Code of Criminal Procedure, is
280		-	amended to read as follows:
281		-	Art. 102.012. FEES FOR PRETRIAL DIVERSION [INTERVENTION]
282		-	PROGRAMS. (a) A court that authorizes a defendant to participate
283		-	in a pretrial diversion [intervention] program established under
284		-	Section 76.011, Government Code, may order the defendant to pay to
285		-	the court a supervision fee in an amount not more than $60 per month
286		-	as a condition of participating in the program.
287		-	(b) In addition to or in lieu of the supervision fee
288		-	authorized by Subsection (a), the court may order the defendant to
289		-	pay or reimburse a community supervision and corrections department
290		-	for any other expense that is:
291		-	(1) incurred as a result of the defendant's
292		-	participation in the pretrial diversion [intervention] program,
293		-	other than an expense described by Article 102.0121; or
294		-	(2) necessary to the defendant's successful completion
295		-	of the program.
296		-	SECTION 11. Article 102.0121, Code of Criminal Procedure,
297		-	is amended to read as follows:
298		-	Art. 102.0121. FEES FOR CERTAIN EXPENSES RELATED TO
299		-	PRETRIAL DIVERSION [INTERVENTION] PROGRAMS. (a) A district
300		-	attorney, criminal district attorney, or county attorney may
301		-	collect a fee in an amount not to exceed $500 to be used to reimburse
302		-	a county for expenses, including expenses of the district
303		-	attorney's, criminal district attorney's, or county attorney's
304		-	office, related to a defendant's participation in a pretrial
305		-	diversion [intervention] program offered in that county.
306		-	(b) The district attorney, criminal district attorney, or
307		-	county attorney may collect the fee from any defendant who
308		-	participates in a pretrial diversion [intervention] program
309		-	administered in any part by the attorney's office.
310		-	(c) Fees collected under this article shall be deposited in
311		-	the county treasury in a special fund to be used solely to
312		-	administer the pretrial diversion [intervention] program. An
313		-	expenditure from the fund may be made only in accordance with a
314		-	budget approved by the commissioners court.
315		-	SECTION 12. Sections 76.011(a) and (c), Government Code,
316		-	are amended to read as follows:
317		-	(a) The department may operate programs for:
318		-	(1) the supervision and rehabilitation of persons in
319		-	pretrial diversion [intervention] programs;
320		-	(2) the supervision of persons released on bail under:
321		-	(A) Chapter 11, Code of Criminal Procedure;
322		-	(B) Chapter 17, Code of Criminal Procedure;
323		-	(C) Article 44.04, Code of Criminal Procedure; or
324		-	(D) any other law;
325		-	(3) the supervision of a person subject to, or the
326		-	verification of compliance with, a court order issued under:
327		-	(A) Article 17.441, Code of Criminal Procedure,
328		-	requiring a person to install a deep-lung breath analysis mechanism
329		-	on each vehicle owned or operated by the person;
330		-	(B) Chapter 123 of this code or former law,
331		-	issuing an occupational driver's license;
332		-	(C) Section 49.09(h), Penal Code, requiring a
333		-	person to install a deep-lung breath analysis mechanism on each
334		-	vehicle owned or operated by the person; or
335		-	(D) Subchapter L, Chapter 521, Transportation
336		-	Code, granting a person an occupational driver's license; and
337		-	(4) the supervision of a person not otherwise
338		-	described by Subdivision (1), (2), or (3), if a court orders the
339		-	person to submit to the supervision of, or to receive services from,
340		-	the department.
341		-	(c) A person in a pretrial diversion [intervention] program
342		-	operated by the department under Subsection (a) may be supervised
343		-	for a period not to exceed two years.
344		-	SECTION 13. Section 103.021, Government Code, is amended to
345		-	read as follows:
346		-	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
347		-	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
348		-	or a party to a civil suit, as applicable, shall pay the following
349		-	fees and costs under the Code of Criminal Procedure if ordered by
350		-	the court or otherwise required:
351		-	(1) a personal bond fee (Art. 17.42, Code of Criminal
352		-	Procedure) . . . the greater of $20 or three percent of the amount
353		-	of the bail fixed for the accused;
354		-	(2) cost of electronic monitoring as a condition of
355		-	release on personal bond (Art. 17.43, Code of Criminal Procedure)
356		-	. . . actual cost;
357		-	(3) a fee for verification of and monitoring of motor
358		-	vehicle ignition interlock (Art. 17.441, Code of Criminal
359		-	Procedure) . . . not to exceed $10;
360		-	(3-a) costs associated with operating a global
361		-	positioning monitoring system as a condition of release on bond
362		-	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
363		-	subject to a determination of indigency;
364		-	(3-b) costs associated with providing a defendant's
365		-	victim with an electronic receptor device as a condition of the
366		-	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
367		-	Procedure) . . . actual costs, subject to a determination of
368		-	indigency;
369		-	(4) repayment of reward paid by a crime stoppers
370		-	organization on conviction of a felony (Art. 37.073, Code of
371		-	Criminal Procedure) . . . amount ordered;
372		-	(5) reimbursement to general revenue fund for payments
373		-	made to victim of an offense as condition of community supervision
374		-	(Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure)
375		-	. . . not to exceed $50 for a misdemeanor offense or $100 for a
376		-	felony offense;
377		-	(6) payment to a crime stoppers organization as
378		-	condition of community supervision (Art. 42A.301(b)(20)
379		-	[42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50;
380		-	(7) children's advocacy center fee (Art. 42A.455, Code
381		-	of Criminal Procedure) . . . not to exceed $50;
382		-	(8) family violence center fee (Art. 42A.504(b), Code
383		-	of Criminal Procedure) . . . $100;
384		-	(9) community supervision fee (Art. 42A.652(a), Code
385		-	of Criminal Procedure) . . . not less than $25 or more than $60 per
386		-	month;
387		-	(10) additional community supervision fee for certain
388		-	offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per
389		-	month;
390		-	(11) for certain financially able sex offenders as a
391		-	condition of community supervision, the costs of treatment,
392		-	specialized supervision, or rehabilitation (Art. 42A.452, Code of
393		-	Criminal Procedure) . . . all or part of the reasonable and
394		-	necessary costs of the treatment, supervision, or rehabilitation as
395		-	determined by the judge;
396		-	(12) fee for failure to appear for trial in a justice
397		-	or municipal court if a jury trial is not waived (Art. 45.026, Code
398		-	of Criminal Procedure) . . . costs incurred for impaneling the
399		-	jury;
400		-	(13) costs of certain testing, assessments, or
401		-	programs during a deferral period (Art. 45.051, Code of Criminal
402		-	Procedure) . . . amount ordered;
403		-	(14) special expense on dismissal of certain
404		-	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
405		-	. . . not to exceed amount of fine assessed;
406		-	(15) an additional fee:
407		-	(A) for a copy of the defendant's driving record
408		-	to be requested from the Department of Public Safety by the judge
409		-	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
410		-	to the sum of the fee established by Section 521.048,
411		-	Transportation Code, and the state electronic Internet portal fee;
412		-	(B) as an administrative fee for requesting a
413		-	driving safety course or a course under the motorcycle operator
414		-	training and safety program for certain traffic offenses to cover
415		-	the cost of administering the article (Art. 45.0511(f)(1), Code of
416		-	Criminal Procedure) . . . not to exceed $10; or
417		-	(C) for requesting a driving safety course or a
418		-	course under the motorcycle operator training and safety program
419		-	before the final disposition of the case (Art. 45.0511(f)(2), Code
420		-	of Criminal Procedure) . . . not to exceed the maximum amount of the
421		-	fine for the offense committed by the defendant;
422		-	(16) a request fee for teen court program (Art.
423		-	45.052, Code of Criminal Procedure) . . . $20, if the court
424		-	ordering the fee is located in the Texas-Louisiana border region,
425		-	but otherwise not to exceed $10;
426		-	(17) a fee to cover costs of required duties of teen
427		-	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
428		-	court ordering the fee is located in the Texas-Louisiana border
429		-	region, but otherwise $10;
430		-	(18) a mileage fee for officer performing certain
431		-	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
432		-	mile;
433		-	(19) certified mailing of notice of hearing date (Art.
434		-	102.006, Code of Criminal Procedure) . . . $1, plus postage;
435		-	(20) certified mailing of certified copies of an order
436		-	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
437		-	plus postage;
438		-	(20-a) a fee to defray the cost of notifying state
439		-	agencies of orders of expungement (Art. 45.0216, Code of Criminal
440		-	Procedure) . . . $30 per application;
441		-	(21) sight orders:
442		-	(A) if the face amount of the check or sight order
443		-	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
444		-	. . . not to exceed $10;
445		-	(B) if the face amount of the check or sight order
446		-	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
447		-	Criminal Procedure) . . . not to exceed $15;
448		-	(C) if the face amount of the check or sight order
449		-	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
450		-	Criminal Procedure) . . . not to exceed $30;
451		-	(D) if the face amount of the check or sight order
452		-	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
453		-	Criminal Procedure) . . . not to exceed $50; and
454		-	(E) if the face amount of the check or sight order
455		-	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
456		-	. . . not to exceed $75;
457		-	(22) fees for a pretrial diversion [intervention]
458		-	program:
459		-	(A) a supervision fee (Art. 102.012(a), Code of
460		-	Criminal Procedure) . . . $60 a month plus expenses; and
461		-	(B) a district attorney, criminal district
462		-	attorney, or county attorney administrative fee (Art. 102.0121,
463		-	Code of Criminal Procedure) . . . not to exceed $500;
464		-	(23) parking fee violations for child safety fund in
465		-	municipalities with populations:
466		-	(A) greater than 850,000 (Art. 102.014, Code of
467		-	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
468		-	(B) less than 850,000 (Art. 102.014, Code of
469		-	Criminal Procedure) . . . not to exceed $5;
470		-	(24) an administrative fee for collection of fines,
471		-	fees, restitution, or other costs (Art. 102.072, Code of Criminal
472		-	Procedure) . . . not to exceed $2 for each transaction;
473		-	(25) a collection fee, if authorized by the
474		-	commissioners court of a county or the governing body of a
475		-	municipality, for certain debts and accounts receivable, including
476		-	unpaid fines, fees, court costs, forfeited bonds, and restitution
477		-	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
478		-	percent of an amount more than 60 days past due; and
479		-	(26) a cost on conviction for the truancy prevention
480		-	and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
481		-	$2.
482		-	SECTION 14. Section 351.184(a), Local Government Code, is
483		-	amended to read as follows:
484		-	(a) To certify county correctional centers as eligible for
485		-	state funding under Section 509.011(b)(7) [509.011(b)(6)],
486		-	Government Code, the community justice assistance division of the
487		-	Texas Department of Criminal Justice, with the assistance of the
488		-	Commission on Jail Standards, shall develop standards for the
489		-	physical plant and operations of county correctional centers.
490		-	SECTION 15. As soon as practicable after the effective date
491		-	of this Act, the Texas Board of Criminal Justice shall adopt rules
492		-	establishing minimum standards for the operation of a pretrial
493		-	diversion program funded by the community justice assistance
494		-	division of the Texas Department of Criminal Justice, as required
495		-	by Section 509.003(a), Government Code, as amended by this Act.
496		-	SECTION 16. Section 509.011(a), Government Code, as amended
497		-	by this Act, applies only to a payment to a community supervision
498		-	and corrections department based on a voucher submitted to the
	127	+	as a result of the operation of the allocation formula established
	128	+	under Subsection (f).
	129	+	SECTION 5. Chapter 509, Government Code, is amended by
	130	+	adding Section 509.0135 to read as follows:
	131	+	Sec. 509.0135. ADDITIONAL REQUIREMENTS FOR CERTAIN GRANT
	132	+	PROGRAMS. (a) This section applies only to a grant awarded under a
	133	+	grant program, as that term is defined by Section 509.013, for the
	134	+	purpose of providing pretrial intervention programs as
	135	+	alternatives to incarceration.
	136	+	(b) In awarding a grant described by Subsection (a), the
	137	+	division shall give priority to departments that serve counties
	138	+	that:
	139	+	(1) establish pretrial intervention programs for
	140	+	state jail felony defendants;
	141	+	(2) place eligible defendants into pretrial
	142	+	intervention programs as soon as practicable after each defendant's
	143	+	arrest; or
	144	+	(3) reduce and minimize the average amount of time
	145	+	that defendants spend confined pending trial or placement into a
	146	+	pretrial intervention program.
	147	+	(c) If applicable, the division shall consider a
	148	+	department's performance with respect to the goals established
	149	+	under Subsection (f) in determining whether to award a grant to the
	150	+	department.
	151	+	(d) Each grant recipient shall report to the division, in
	152	+	the manner prescribed by the division, program-specific outcome
	153	+	data for pretrial intervention programs administered by the
	154	+	recipient or a county served by the recipient, as applicable,
	155	+	including:
	156	+	(1) the following information, disaggregated by race
	157	+	and ethnicity:
	158	+	(A) the average amount of time a defendant who is
	159	+	eligible for placement into a pretrial intervention program spends
	160	+	confined pending trial or placement into the program, as
	161	+	applicable; and
	162	+	(B) the percentage of eligible defendants who are
	163	+	placed into a pretrial intervention program;
	164	+	(2) the revocation rates of defendants placed on
	165	+	community supervision; and
	166	+	(3) the percentage of state jail felony defendants who
	167	+	are confined in a state jail felony facility as a condition of
	168	+	community supervision or whose sentence is executed wholly or
	169	+	partly.
	170	+	(e) Not later than December 31 of each year, the division
	171	+	shall:
	172	+	(1) submit to the governor, lieutenant governor, and
	173	+	speaker of the house of representatives a report summarizing the
	174	+	information received by the division under Subsection (d) for the
	175	+	preceding fiscal year; and
	176	+	(2) publish the report on the division's Internet
	177	+	website.
	178	+	(f) The division shall:
	179	+	(1) establish performance goals for grant recipients
	180	+	in the categories described by Subsection (d);
	181	+	(2) require a grant recipient who does not achieve a
	182	+	goal set by the division under Subdivision (1) to develop and submit
	183	+	to the division a corrective action plan establishing the measures
	184	+	the recipient will take to improve the recipient's performance with
	185	+	respect to the goal; and
	186	+	(3) reduce the rate of any per capita funding provided
	187	+	under this chapter to a recipient that:
	188	+	(A) is required to submit a corrective action
	189	+	plan under Subdivision (2); and
	190	+	(B) does not improve the recipient's performance
	191	+	with respect to the applicable goal.
	192	+	(g) The board shall provide notice and a hearing in a manner
	193	+	consistent with the procedures adopted by the board under Section
	194	+	509.012(b) in a case in which the division proposes to reduce the
	195	+	rate of per capita funding under Subsection (f)(3).
	196	+	(h) The board shall adopt any rules necessary to implement
	197	+	this section.
	198	+	SECTION 6. (a) As soon as practicable after the effective
	199	+	date of this Act:
	200	+	(1) the Texas Department of Criminal Justice shall
	201	+	establish the grant program required by Section 507.035, Government
	202	+	Code, as added by this Act, and the Texas Board of Criminal Justice
	203	+	shall adopt any rules necessary to implement that program; and
	204	+	(2) the Texas Board of Criminal Justice shall adopt:
	205	+	(A) rules establishing minimum standards for the
	206	+	operation of a pretrial intervention program funded by the
	207	+	community justice assistance division of the Texas Department of
	208	+	Criminal Justice, as required by Section 509.003(a), Government
	209	+	Code, as amended by this Act; and
	210	+	(B) any rules necessary to implement Section
	211	+	509.0135, Government Code, as added by this Act.
	212	+	(b) Section 509.011(a), Government Code, as amended by this
	213	+	Act, applies only to a payment to a community supervision and
	214	+	corrections department based on a voucher submitted to the
499	215		comptroller on or after the effective date of this Act.
500		-	SECTION 17. This Act takes effect September 1, 2019.
	216	+	SECTION 7. This Act takes effect September 1, 2019.