1 | 1 | | 86R14272 JRR-F |
---|
2 | 2 | | By: White H.B. No. 4604 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to pretrial diversion programs funded by the community |
---|
8 | 8 | | justice assistance division of the Texas Department of Criminal |
---|
9 | 9 | | Justice and the provision of training and technical assistance |
---|
10 | 10 | | provided by the division. |
---|
11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 12 | | SECTION 1. Section 509.001(1), Government Code, is amended |
---|
13 | 13 | | to read as follows: |
---|
14 | 14 | | (1) "Community corrections facility" means a physical |
---|
15 | 15 | | structure, established by the judges described by Section 76.002 |
---|
16 | 16 | | after authorization of the establishment of the structure has been |
---|
17 | 17 | | included in a department's strategic plan, that is operated by the |
---|
18 | 18 | | department or operated for the department by an entity under |
---|
19 | 19 | | contract with the department, for the purpose of treating persons |
---|
20 | 20 | | who have been placed on community supervision or who are |
---|
21 | 21 | | participating in a pretrial diversion [intervention] program |
---|
22 | 22 | | operated under Section 76.011 or a drug court program established |
---|
23 | 23 | | under Chapter 123 or former law and providing services and programs |
---|
24 | 24 | | to modify criminal behavior, deter criminal activity, protect the |
---|
25 | 25 | | public, and restore victims of crime. The term includes: |
---|
26 | 26 | | (A) a restitution center; |
---|
27 | 27 | | (B) a court residential treatment facility; |
---|
28 | 28 | | (C) a substance abuse treatment facility; |
---|
29 | 29 | | (D) a custody facility or boot camp; |
---|
30 | 30 | | (E) a facility for an offender with a mental |
---|
31 | 31 | | impairment, as defined by Section 614.001, Health and Safety Code; |
---|
32 | 32 | | and |
---|
33 | 33 | | (F) an intermediate sanction facility. |
---|
34 | 34 | | SECTION 2. Section 509.003(a), Government Code, is amended |
---|
35 | 35 | | to read as follows: |
---|
36 | 36 | | (a) The division shall propose and the board shall adopt |
---|
37 | 37 | | reasonable rules establishing: |
---|
38 | 38 | | (1) minimum standards for programs, community |
---|
39 | 39 | | corrections facilities and other facilities, equipment, and other |
---|
40 | 40 | | aspects of the operation of departments; |
---|
41 | 41 | | (2) a list and description of core services that |
---|
42 | 42 | | should be provided by each department; |
---|
43 | 43 | | (3) methods for measuring the success of community |
---|
44 | 44 | | supervision and corrections programs, including methods for |
---|
45 | 45 | | measuring rates of diversion, program completion, and recidivism; |
---|
46 | 46 | | (4) a format for strategic plans; [and] |
---|
47 | 47 | | (5) minimum standards for the operation of substance |
---|
48 | 48 | | abuse facilities and programs funded through the division; and |
---|
49 | 49 | | (6) minimum standards for the operation of pretrial |
---|
50 | 50 | | diversion programs funded through the division. |
---|
51 | 51 | | SECTION 3. Chapter 509, Government Code, is amended by |
---|
52 | 52 | | adding Section 509.0045 to read as follows: |
---|
53 | 53 | | Sec. 509.0045. PRETRIAL DIVERSION INFORMATION MANAGEMENT |
---|
54 | 54 | | SYSTEM; REPORTING OF INFORMATION. (a) The division shall |
---|
55 | 55 | | establish and operate an information management system to be used |
---|
56 | 56 | | by departments, municipalities, and counties that receive funds |
---|
57 | 57 | | under this chapter for pretrial diversion programs. |
---|
58 | 58 | | (b) The system established under Subsection (a) must assist |
---|
59 | 59 | | departments, municipalities, and counties in: |
---|
60 | 60 | | (1) identifying defendants who are eligible for |
---|
61 | 61 | | pretrial diversion programs; |
---|
62 | 62 | | (2) collecting and accessing information relating to |
---|
63 | 63 | | the defendants; |
---|
64 | 64 | | (3) selecting appropriate release conditions for the |
---|
65 | 65 | | defendants; |
---|
66 | 66 | | (4) monitoring the defendants' compliance with release |
---|
67 | 67 | | conditions; and |
---|
68 | 68 | | (5) performing other functions related to defendants |
---|
69 | 69 | | participating in pretrial diversion programs. |
---|
70 | 70 | | (c) The division shall require each department, |
---|
71 | 71 | | municipality, and county that receives funds under this chapter for |
---|
72 | 72 | | a pretrial diversion program to report, in the manner prescribed by |
---|
73 | 73 | | the division, information requested by the division that relates |
---|
74 | 74 | | to: |
---|
75 | 75 | | (1) the development or operation of the pretrial |
---|
76 | 76 | | diversion program for which the recipient receives funds under this |
---|
77 | 77 | | chapter; or |
---|
78 | 78 | | (2) a defendant participating in a pretrial diversion |
---|
79 | 79 | | program described by Subdivision (1). |
---|
80 | 80 | | SECTION 4. Section 509.0071(f), Government Code, is amended |
---|
81 | 81 | | to read as follows: |
---|
82 | 82 | | (f) A department or regional partnership of departments may |
---|
83 | 83 | | use funds received under Subsection (e) to provide any program or |
---|
84 | 84 | | service that a department is authorized to provide under other law, |
---|
85 | 85 | | including implementing, administering, and supporting |
---|
86 | 86 | | evidence-based community supervision strategies, electronic |
---|
87 | 87 | | monitoring, substance abuse and mental health counseling and |
---|
88 | 88 | | treatment, specialized community supervision caseloads, |
---|
89 | 89 | | intermediate sanctions, victims' services, restitution collection, |
---|
90 | 90 | | short-term incarceration in county jails, specialized courts, |
---|
91 | 91 | | pretrial services, pretrial diversion [and intervention] programs, |
---|
92 | 92 | | and work release and day reporting centers. |
---|
93 | 93 | | SECTION 5. Section 509.009, Government Code, is amended to |
---|
94 | 94 | | read as follows: |
---|
95 | 95 | | Sec. 509.009. TRAINING. The division shall [may] provide |
---|
96 | 96 | | pre-service, in-service, and educational training and technical |
---|
97 | 97 | | assistance to departments to promote compliance with the standards |
---|
98 | 98 | | under this chapter and to assist departments in improving the |
---|
99 | 99 | | operation of department services. |
---|
100 | 100 | | SECTION 6. Sections 509.011(a), (b), (e), and (f), |
---|
101 | 101 | | Government Code, are amended to read as follows: |
---|
102 | 102 | | (a) If the division determines that a department complies |
---|
103 | 103 | | with division standards and if the department has submitted a |
---|
104 | 104 | | strategic plan under Section 509.007 and the supporting information |
---|
105 | 105 | | required by the division and the division determines the plan and |
---|
106 | 106 | | supporting information are acceptable, the division shall prepare |
---|
107 | 107 | | and submit to the comptroller vouchers for payment to the |
---|
108 | 108 | | department as follows: |
---|
109 | 109 | | (1) for per capita funding, a per diem amount for each |
---|
110 | 110 | | felony defendant on community supervision who is directly |
---|
111 | 111 | | supervised by the department pursuant to lawful authority; |
---|
112 | 112 | | (2) for per capita funding, a per diem amount for a |
---|
113 | 113 | | period not to exceed 182 days for each defendant on community |
---|
114 | 114 | | supervision who is supervised by the department pursuant to lawful |
---|
115 | 115 | | authority, other than a [felony] defendant described by Subdivision |
---|
116 | 116 | | (1); [and] |
---|
117 | 117 | | (3) for per capita funding, a per diem amount for each |
---|
118 | 118 | | felony defendant participating in a pretrial diversion program who |
---|
119 | 119 | | is directly supervised by the department pursuant to lawful |
---|
120 | 120 | | authority; |
---|
121 | 121 | | (4) for per capita funding, a per diem amount for a |
---|
122 | 122 | | period not to exceed 182 days for each defendant participating in a |
---|
123 | 123 | | pretrial diversion program who is supervised by the department |
---|
124 | 124 | | pursuant to lawful authority, other than a defendant described by |
---|
125 | 125 | | Subdivision (3); and |
---|
126 | 126 | | (5) for formula funding, an annual amount as computed |
---|
127 | 127 | | by multiplying a percentage determined by the allocation formula |
---|
128 | 128 | | established under Subsection (f) times the total amount provided in |
---|
129 | 129 | | the General Appropriations Act for payments under this subdivision. |
---|
130 | 130 | | (b) The division may use discretionary grant funds to |
---|
131 | 131 | | further the purposes of this chapter by contracting for services |
---|
132 | 132 | | with state agencies or nonprofit organizations. The division may |
---|
133 | 133 | | also make discretionary grants to departments, municipalities, or |
---|
134 | 134 | | counties for the following purposes: |
---|
135 | 135 | | (1) development and operation of pretrial and |
---|
136 | 136 | | presentencing services; |
---|
137 | 137 | | (2) development and operation of pretrial diversion |
---|
138 | 138 | | programs that meet the standards adopted under Section |
---|
139 | 139 | | 509.003(a)(6); |
---|
140 | 140 | | (3) electronic monitoring services, surveillance |
---|
141 | 141 | | supervision programs, and controlled substances testing services; |
---|
142 | 142 | | (4) [(3)] research projects to evaluate the |
---|
143 | 143 | | effectiveness of community corrections programs, if the research is |
---|
144 | 144 | | conducted in cooperation with the Criminal Justice Policy Council; |
---|
145 | 145 | | (5) [(4)] contract services for felony defendants; |
---|
146 | 146 | | (6) [(5)] residential services for misdemeanor |
---|
147 | 147 | | defendants who exhibit levels of risk or needs indicating a need for |
---|
148 | 148 | | confinement and treatment, as described by Section 509.005(b); |
---|
149 | 149 | | (7) [(6)] establishment or operation of county |
---|
150 | 150 | | correctional centers under Subchapter H, Chapter 351, Local |
---|
151 | 151 | | Government Code, or community corrections facilities for which the |
---|
152 | 152 | | division has established standards under Section 509.006; |
---|
153 | 153 | | (8) [(7)] development and operation of treatment |
---|
154 | 154 | | alternative to incarceration programs under Section 76.017; and |
---|
155 | 155 | | (9) [(8)] other purposes determined appropriate by |
---|
156 | 156 | | the division and approved by the board. |
---|
157 | 157 | | (e) In establishing per diem payments authorized by |
---|
158 | 158 | | Subsections (a)(1), [and] (a)(2), (a)(3), and (a)(4), the division |
---|
159 | 159 | | shall consider the amounts appropriated in the General |
---|
160 | 160 | | Appropriations Act for basic supervision as sufficient to provide |
---|
161 | 161 | | basic supervision in each year of the fiscal biennium. |
---|
162 | 162 | | (f) The division annually shall compute for each department |
---|
163 | 163 | | for community corrections program formula funding a percentage |
---|
164 | 164 | | determined by assigning equal weights to the percentage of the |
---|
165 | 165 | | state's population residing in the counties served by the |
---|
166 | 166 | | department and the department's percentage of all felony defendants |
---|
167 | 167 | | in the state under direct community supervision or pretrial |
---|
168 | 168 | | diversion supervision. The division shall use the most recent |
---|
169 | 169 | | information available in making computations under this |
---|
170 | 170 | | subsection. The board by rule may adopt a policy limiting for all |
---|
171 | 171 | | departments the percentage of benefit or loss that may be realized |
---|
172 | 172 | | as a result of the operation of the formula. |
---|
173 | 173 | | SECTION 7. Section 509.013, Government Code, is amended by |
---|
174 | 174 | | adding Subsection (c) to read as follows: |
---|
175 | 175 | | (c) In awarding a grant for the development or operation of |
---|
176 | 176 | | a pretrial diversion program, the division shall give priority to |
---|
177 | 177 | | programs that: |
---|
178 | 178 | | (1) establish pretrial diversion programs for state |
---|
179 | 179 | | jail felony defendants; |
---|
180 | 180 | | (2) place eligible defendants into pretrial diversion |
---|
181 | 181 | | programs as soon as practicable after each defendant's arrest; or |
---|
182 | 182 | | (3) seek to ensure that defendants successfully |
---|
183 | 183 | | satisfy the requirements of the program in a timely and efficient |
---|
184 | 184 | | manner. |
---|
185 | 185 | | SECTION 8. Article 42A.602(a), Code of Criminal Procedure, |
---|
186 | 186 | | is amended to read as follows: |
---|
187 | 187 | | (a) If a judge requires as a condition of community |
---|
188 | 188 | | supervision or participation in a pretrial diversion |
---|
189 | 189 | | [intervention] program operated under Section 76.011, Government |
---|
190 | 190 | | Code, or a drug court program established under Chapter 123, |
---|
191 | 191 | | Government Code, or former law that the defendant serve a term of |
---|
192 | 192 | | confinement in a community corrections facility, the term may not |
---|
193 | 193 | | exceed 24 months. |
---|
194 | 194 | | SECTION 9. Article 42A.604(a), Code of Criminal Procedure, |
---|
195 | 195 | | is amended to read as follows: |
---|
196 | 196 | | (a) As directed by the judge, the community corrections |
---|
197 | 197 | | facility director shall file with the community supervision and |
---|
198 | 198 | | corrections department director or administrator of a drug court |
---|
199 | 199 | | program, as applicable, a copy of an evaluation made by the facility |
---|
200 | 200 | | director of the defendant's behavior and attitude at the facility. |
---|
201 | 201 | | The community supervision and corrections department director or |
---|
202 | 202 | | program administrator shall examine the evaluation, make written |
---|
203 | 203 | | comments on the evaluation that the director or administrator |
---|
204 | 204 | | considers relevant, and file the evaluation and comments with the |
---|
205 | 205 | | judge who granted community supervision to the defendant or placed |
---|
206 | 206 | | the defendant in a pretrial diversion [intervention] program or |
---|
207 | 207 | | drug court program. If the evaluation indicates that the defendant |
---|
208 | 208 | | has made significant progress toward compliance with court-ordered |
---|
209 | 209 | | conditions of community supervision or objectives of placement in |
---|
210 | 210 | | the program, as applicable, the judge may release the defendant |
---|
211 | 211 | | from the community corrections facility. A defendant who served a |
---|
212 | 212 | | term in the facility as a condition of community supervision shall |
---|
213 | 213 | | serve the remainder of the defendant's community supervision under |
---|
214 | 214 | | any terms and conditions the court imposes under this chapter. |
---|
215 | 215 | | SECTION 10. Article 55.01(a), Code of Criminal Procedure, |
---|
216 | 216 | | is amended to read as follows: |
---|
217 | 217 | | (a) A person who has been placed under a custodial or |
---|
218 | 218 | | noncustodial arrest for commission of either a felony or |
---|
219 | 219 | | misdemeanor is entitled to have all records and files relating to |
---|
220 | 220 | | the arrest expunged if: |
---|
221 | 221 | | (1) the person is tried for the offense for which the |
---|
222 | 222 | | person was arrested and is: |
---|
223 | 223 | | (A) acquitted by the trial court, except as |
---|
224 | 224 | | provided by Subsection (c); or |
---|
225 | 225 | | (B) convicted and subsequently: |
---|
226 | 226 | | (i) pardoned for a reason other than that |
---|
227 | 227 | | described by Subparagraph (ii); or |
---|
228 | 228 | | (ii) pardoned or otherwise granted relief |
---|
229 | 229 | | on the basis of actual innocence with respect to that offense, if |
---|
230 | 230 | | the applicable pardon or court order clearly indicates on its face |
---|
231 | 231 | | that the pardon or order was granted or rendered on the basis of the |
---|
232 | 232 | | person's actual innocence; or |
---|
233 | 233 | | (2) the person has been released and the charge, if |
---|
234 | 234 | | any, has not resulted in a final conviction and is no longer pending |
---|
235 | 235 | | and there was no court-ordered community supervision under Chapter |
---|
236 | 236 | | 42A for the offense, unless the offense is a Class C misdemeanor, |
---|
237 | 237 | | provided that: |
---|
238 | 238 | | (A) regardless of whether any statute of |
---|
239 | 239 | | limitations exists for the offense and whether any limitations |
---|
240 | 240 | | period for the offense has expired, an indictment or information |
---|
241 | 241 | | charging the person with the commission of a misdemeanor offense |
---|
242 | 242 | | based on the person's arrest or charging the person with the |
---|
243 | 243 | | commission of any felony offense arising out of the same |
---|
244 | 244 | | transaction for which the person was arrested: |
---|
245 | 245 | | (i) has not been presented against the |
---|
246 | 246 | | person at any time following the arrest, and: |
---|
247 | 247 | | (a) at least 180 days have elapsed |
---|
248 | 248 | | from the date of arrest if the arrest for which the expunction was |
---|
249 | 249 | | sought was for an offense punishable as a Class C misdemeanor and if |
---|
250 | 250 | | there was no felony charge arising out of the same transaction for |
---|
251 | 251 | | which the person was arrested; |
---|
252 | 252 | | (b) at least one year has elapsed from |
---|
253 | 253 | | the date of arrest if the arrest for which the expunction was sought |
---|
254 | 254 | | was for an offense punishable as a Class B or A misdemeanor and if |
---|
255 | 255 | | there was no felony charge arising out of the same transaction for |
---|
256 | 256 | | which the person was arrested; |
---|
257 | 257 | | (c) at least three years have elapsed |
---|
258 | 258 | | from the date of arrest if the arrest for which the expunction was |
---|
259 | 259 | | sought was for an offense punishable as a felony or if there was a |
---|
260 | 260 | | felony charge arising out of the same transaction for which the |
---|
261 | 261 | | person was arrested; or |
---|
262 | 262 | | (d) the attorney representing the |
---|
263 | 263 | | state certifies that the applicable arrest records and files are |
---|
264 | 264 | | not needed for use in any criminal investigation or prosecution, |
---|
265 | 265 | | including an investigation or prosecution of another person; or |
---|
266 | 266 | | (ii) if presented at any time following the |
---|
267 | 267 | | arrest, was dismissed or quashed, and the court finds that the |
---|
268 | 268 | | indictment or information was dismissed or quashed because: |
---|
269 | 269 | | (a) the person completed a veterans |
---|
270 | 270 | | treatment court program created under Chapter 124, Government Code, |
---|
271 | 271 | | or former law, subject to Subsection (a-3); |
---|
272 | 272 | | (b) the person completed a pretrial |
---|
273 | 273 | | diversion [intervention] program authorized under Section 76.011, |
---|
274 | 274 | | Government Code, other than a veterans treatment court program |
---|
275 | 275 | | created under Chapter 124, Government Code, or former law; |
---|
276 | 276 | | (c) the presentment had been made |
---|
277 | 277 | | because of mistake, false information, or other similar reason |
---|
278 | 278 | | indicating absence of probable cause at the time of the dismissal to |
---|
279 | 279 | | believe the person committed the offense; or |
---|
280 | 280 | | (d) the indictment or information was |
---|
281 | 281 | | void; or |
---|
282 | 282 | | (B) prosecution of the person for the offense for |
---|
283 | 283 | | which the person was arrested is no longer possible because the |
---|
284 | 284 | | limitations period has expired. |
---|
285 | 285 | | SECTION 11. Article 102.012, Code of Criminal Procedure, is |
---|
286 | 286 | | amended to read as follows: |
---|
287 | 287 | | Art. 102.012. FEES FOR PRETRIAL DIVERSION [INTERVENTION] |
---|
288 | 288 | | PROGRAMS. (a) A court that authorizes a defendant to participate |
---|
289 | 289 | | in a pretrial diversion [intervention] program established under |
---|
290 | 290 | | Section 76.011, Government Code, may order the defendant to pay to |
---|
291 | 291 | | the court a supervision fee in an amount not more than $60 per month |
---|
292 | 292 | | as a condition of participating in the program. |
---|
293 | 293 | | (b) In addition to or in lieu of the supervision fee |
---|
294 | 294 | | authorized by Subsection (a), the court may order the defendant to |
---|
295 | 295 | | pay or reimburse a community supervision and corrections department |
---|
296 | 296 | | for any other expense that is: |
---|
297 | 297 | | (1) incurred as a result of the defendant's |
---|
298 | 298 | | participation in the pretrial diversion [intervention] program, |
---|
299 | 299 | | other than an expense described by Article 102.0121; or |
---|
300 | 300 | | (2) necessary to the defendant's successful completion |
---|
301 | 301 | | of the program. |
---|
302 | 302 | | SECTION 12. Article 102.0121, Code of Criminal Procedure, |
---|
303 | 303 | | is amended to read as follows: |
---|
304 | 304 | | Art. 102.0121. FEES FOR CERTAIN EXPENSES RELATED TO |
---|
305 | 305 | | PRETRIAL DIVERSION [INTERVENTION] PROGRAMS. (a) A district |
---|
306 | 306 | | attorney, criminal district attorney, or county attorney may |
---|
307 | 307 | | collect a fee in an amount not to exceed $500 to be used to reimburse |
---|
308 | 308 | | a county for expenses, including expenses of the district |
---|
309 | 309 | | attorney's, criminal district attorney's, or county attorney's |
---|
310 | 310 | | office, related to a defendant's participation in a pretrial |
---|
311 | 311 | | diversion [intervention] program offered in that county. |
---|
312 | 312 | | (b) The district attorney, criminal district attorney, or |
---|
313 | 313 | | county attorney may collect the fee from any defendant who |
---|
314 | 314 | | participates in a pretrial diversion [intervention] program |
---|
315 | 315 | | administered in any part by the attorney's office. |
---|
316 | 316 | | (c) Fees collected under this article shall be deposited in |
---|
317 | 317 | | the county treasury in a special fund to be used solely to |
---|
318 | 318 | | administer the pretrial diversion [intervention] program. An |
---|
319 | 319 | | expenditure from the fund may be made only in accordance with a |
---|
320 | 320 | | budget approved by the commissioners court. |
---|
321 | 321 | | SECTION 13. Sections 76.011(a) and (c), Government Code, |
---|
322 | 322 | | are amended to read as follows: |
---|
323 | 323 | | (a) The department may operate programs for: |
---|
324 | 324 | | (1) the supervision and rehabilitation of persons in |
---|
325 | 325 | | pretrial diversion [intervention] programs; |
---|
326 | 326 | | (2) the supervision of persons released on bail under: |
---|
327 | 327 | | (A) Chapter 11, Code of Criminal Procedure; |
---|
328 | 328 | | (B) Chapter 17, Code of Criminal Procedure; |
---|
329 | 329 | | (C) Article 44.04, Code of Criminal Procedure; or |
---|
330 | 330 | | (D) any other law; |
---|
331 | 331 | | (3) the supervision of a person subject to, or the |
---|
332 | 332 | | verification of compliance with, a court order issued under: |
---|
333 | 333 | | (A) Article 17.441, Code of Criminal Procedure, |
---|
334 | 334 | | requiring a person to install a deep-lung breath analysis mechanism |
---|
335 | 335 | | on each vehicle owned or operated by the person; |
---|
336 | 336 | | (B) Chapter 123 of this code or former law, |
---|
337 | 337 | | issuing an occupational driver's license; |
---|
338 | 338 | | (C) Section 49.09(h), Penal Code, requiring a |
---|
339 | 339 | | person to install a deep-lung breath analysis mechanism on each |
---|
340 | 340 | | vehicle owned or operated by the person; or |
---|
341 | 341 | | (D) Subchapter L, Chapter 521, Transportation |
---|
342 | 342 | | Code, granting a person an occupational driver's license; and |
---|
343 | 343 | | (4) the supervision of a person not otherwise |
---|
344 | 344 | | described by Subdivision (1), (2), or (3), if a court orders the |
---|
345 | 345 | | person to submit to the supervision of, or to receive services from, |
---|
346 | 346 | | the department. |
---|
347 | 347 | | (c) A person in a pretrial diversion [intervention] program |
---|
348 | 348 | | operated by the department under Subsection (a) may be supervised |
---|
349 | 349 | | for a period not to exceed two years. |
---|
350 | 350 | | SECTION 14. Section 103.021, Government Code, is amended to |
---|
351 | 351 | | read as follows: |
---|
352 | 352 | | Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
---|
353 | 353 | | CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, |
---|
354 | 354 | | or a party to a civil suit, as applicable, shall pay the following |
---|
355 | 355 | | fees and costs under the Code of Criminal Procedure if ordered by |
---|
356 | 356 | | the court or otherwise required: |
---|
357 | 357 | | (1) a personal bond fee (Art. 17.42, Code of Criminal |
---|
358 | 358 | | Procedure) . . . the greater of $20 or three percent of the amount |
---|
359 | 359 | | of the bail fixed for the accused; |
---|
360 | 360 | | (2) cost of electronic monitoring as a condition of |
---|
361 | 361 | | release on personal bond (Art. 17.43, Code of Criminal Procedure) |
---|
362 | 362 | | . . . actual cost; |
---|
363 | 363 | | (3) a fee for verification of and monitoring of motor |
---|
364 | 364 | | vehicle ignition interlock (Art. 17.441, Code of Criminal |
---|
365 | 365 | | Procedure) . . . not to exceed $10; |
---|
366 | 366 | | (3-a) costs associated with operating a global |
---|
367 | 367 | | positioning monitoring system as a condition of release on bond |
---|
368 | 368 | | (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
---|
369 | 369 | | subject to a determination of indigency; |
---|
370 | 370 | | (3-b) costs associated with providing a defendant's |
---|
371 | 371 | | victim with an electronic receptor device as a condition of the |
---|
372 | 372 | | defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
---|
373 | 373 | | Procedure) . . . actual costs, subject to a determination of |
---|
374 | 374 | | indigency; |
---|
375 | 375 | | (4) repayment of reward paid by a crime stoppers |
---|
376 | 376 | | organization on conviction of a felony (Art. 37.073, Code of |
---|
377 | 377 | | Criminal Procedure) . . . amount ordered; |
---|
378 | 378 | | (5) reimbursement to general revenue fund for payments |
---|
379 | 379 | | made to victim of an offense as condition of community supervision |
---|
380 | 380 | | (Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure) |
---|
381 | 381 | | . . . not to exceed $50 for a misdemeanor offense or $100 for a |
---|
382 | 382 | | felony offense; |
---|
383 | 383 | | (6) payment to a crime stoppers organization as |
---|
384 | 384 | | condition of community supervision (Art. 42A.301(b)(20) |
---|
385 | 385 | | [42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50; |
---|
386 | 386 | | (7) children's advocacy center fee (Art. 42A.455, Code |
---|
387 | 387 | | of Criminal Procedure) . . . not to exceed $50; |
---|
388 | 388 | | (8) family violence center fee (Art. 42A.504(b), Code |
---|
389 | 389 | | of Criminal Procedure) . . . $100; |
---|
390 | 390 | | (9) community supervision fee (Art. 42A.652(a), Code |
---|
391 | 391 | | of Criminal Procedure) . . . not less than $25 or more than $60 per |
---|
392 | 392 | | month; |
---|
393 | 393 | | (10) additional community supervision fee for certain |
---|
394 | 394 | | offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per |
---|
395 | 395 | | month; |
---|
396 | 396 | | (11) for certain financially able sex offenders as a |
---|
397 | 397 | | condition of community supervision, the costs of treatment, |
---|
398 | 398 | | specialized supervision, or rehabilitation (Art. 42A.452, Code of |
---|
399 | 399 | | Criminal Procedure) . . . all or part of the reasonable and |
---|
400 | 400 | | necessary costs of the treatment, supervision, or rehabilitation as |
---|
401 | 401 | | determined by the judge; |
---|
402 | 402 | | (12) fee for failure to appear for trial in a justice |
---|
403 | 403 | | or municipal court if a jury trial is not waived (Art. 45.026, Code |
---|
404 | 404 | | of Criminal Procedure) . . . costs incurred for impaneling the |
---|
405 | 405 | | jury; |
---|
406 | 406 | | (13) costs of certain testing, assessments, or |
---|
407 | 407 | | programs during a deferral period (Art. 45.051, Code of Criminal |
---|
408 | 408 | | Procedure) . . . amount ordered; |
---|
409 | 409 | | (14) special expense on dismissal of certain |
---|
410 | 410 | | misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
---|
411 | 411 | | . . . not to exceed amount of fine assessed; |
---|
412 | 412 | | (15) an additional fee: |
---|
413 | 413 | | (A) for a copy of the defendant's driving record |
---|
414 | 414 | | to be requested from the Department of Public Safety by the judge |
---|
415 | 415 | | (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
---|
416 | 416 | | to the sum of the fee established by Section 521.048, |
---|
417 | 417 | | Transportation Code, and the state electronic Internet portal fee; |
---|
418 | 418 | | (B) as an administrative fee for requesting a |
---|
419 | 419 | | driving safety course or a course under the motorcycle operator |
---|
420 | 420 | | training and safety program for certain traffic offenses to cover |
---|
421 | 421 | | the cost of administering the article (Art. 45.0511(f)(1), Code of |
---|
422 | 422 | | Criminal Procedure) . . . not to exceed $10; or |
---|
423 | 423 | | (C) for requesting a driving safety course or a |
---|
424 | 424 | | course under the motorcycle operator training and safety program |
---|
425 | 425 | | before the final disposition of the case (Art. 45.0511(f)(2), Code |
---|
426 | 426 | | of Criminal Procedure) . . . not to exceed the maximum amount of the |
---|
427 | 427 | | fine for the offense committed by the defendant; |
---|
428 | 428 | | (16) a request fee for teen court program (Art. |
---|
429 | 429 | | 45.052, Code of Criminal Procedure) . . . $20, if the court |
---|
430 | 430 | | ordering the fee is located in the Texas-Louisiana border region, |
---|
431 | 431 | | but otherwise not to exceed $10; |
---|
432 | 432 | | (17) a fee to cover costs of required duties of teen |
---|
433 | 433 | | court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
---|
434 | 434 | | court ordering the fee is located in the Texas-Louisiana border |
---|
435 | 435 | | region, but otherwise $10; |
---|
436 | 436 | | (18) a mileage fee for officer performing certain |
---|
437 | 437 | | services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
---|
438 | 438 | | mile; |
---|
439 | 439 | | (19) certified mailing of notice of hearing date (Art. |
---|
440 | 440 | | 102.006, Code of Criminal Procedure) . . . $1, plus postage; |
---|
441 | 441 | | (20) certified mailing of certified copies of an order |
---|
442 | 442 | | of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
---|
443 | 443 | | plus postage; |
---|
444 | 444 | | (20-a) a fee to defray the cost of notifying state |
---|
445 | 445 | | agencies of orders of expungement (Art. 45.0216, Code of Criminal |
---|
446 | 446 | | Procedure) . . . $30 per application; |
---|
447 | 447 | | (21) sight orders: |
---|
448 | 448 | | (A) if the face amount of the check or sight order |
---|
449 | 449 | | does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
---|
450 | 450 | | . . . not to exceed $10; |
---|
451 | 451 | | (B) if the face amount of the check or sight order |
---|
452 | 452 | | is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
---|
453 | 453 | | Criminal Procedure) . . . not to exceed $15; |
---|
454 | 454 | | (C) if the face amount of the check or sight order |
---|
455 | 455 | | is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
---|
456 | 456 | | Criminal Procedure) . . . not to exceed $30; |
---|
457 | 457 | | (D) if the face amount of the check or sight order |
---|
458 | 458 | | is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
---|
459 | 459 | | Criminal Procedure) . . . not to exceed $50; and |
---|
460 | 460 | | (E) if the face amount of the check or sight order |
---|
461 | 461 | | is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
---|
462 | 462 | | . . . not to exceed $75; |
---|
463 | 463 | | (22) fees for a pretrial diversion [intervention] |
---|
464 | 464 | | program: |
---|
465 | 465 | | (A) a supervision fee (Art. 102.012(a), Code of |
---|
466 | 466 | | Criminal Procedure) . . . $60 a month plus expenses; and |
---|
467 | 467 | | (B) a district attorney, criminal district |
---|
468 | 468 | | attorney, or county attorney administrative fee (Art. 102.0121, |
---|
469 | 469 | | Code of Criminal Procedure) . . . not to exceed $500; |
---|
470 | 470 | | (23) parking fee violations for child safety fund in |
---|
471 | 471 | | municipalities with populations: |
---|
472 | 472 | | (A) greater than 850,000 (Art. 102.014, Code of |
---|
473 | 473 | | Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
---|
474 | 474 | | (B) less than 850,000 (Art. 102.014, Code of |
---|
475 | 475 | | Criminal Procedure) . . . not to exceed $5; |
---|
476 | 476 | | (24) an administrative fee for collection of fines, |
---|
477 | 477 | | fees, restitution, or other costs (Art. 102.072, Code of Criminal |
---|
478 | 478 | | Procedure) . . . not to exceed $2 for each transaction; |
---|
479 | 479 | | (25) a collection fee, if authorized by the |
---|
480 | 480 | | commissioners court of a county or the governing body of a |
---|
481 | 481 | | municipality, for certain debts and accounts receivable, including |
---|
482 | 482 | | unpaid fines, fees, court costs, forfeited bonds, and restitution |
---|
483 | 483 | | ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
---|
484 | 484 | | percent of an amount more than 60 days past due; and |
---|
485 | 485 | | (26) a cost on conviction for the truancy prevention |
---|
486 | 486 | | and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . |
---|
487 | 487 | | $2. |
---|
488 | 488 | | SECTION 15. Section 351.184(a), Local Government Code, is |
---|
489 | 489 | | amended to read as follows: |
---|
490 | 490 | | (a) To certify county correctional centers as eligible for |
---|
491 | 491 | | state funding under Section 509.011(b)(7) [509.011(b)(6)], |
---|
492 | 492 | | Government Code, the community justice assistance division of the |
---|
493 | 493 | | Texas Department of Criminal Justice, with the assistance of the |
---|
494 | 494 | | Commission on Jail Standards, shall develop standards for the |
---|
495 | 495 | | physical plant and operations of county correctional centers. |
---|
496 | 496 | | SECTION 16. As soon as practicable after the effective date |
---|
497 | 497 | | of this Act, the Texas Board of Criminal Justice shall adopt rules |
---|
498 | 498 | | establishing minimum standards for the operation of a pretrial |
---|
499 | 499 | | diversion program funded by the community justice assistance |
---|
500 | 500 | | division of the Texas Department of Criminal Justice, as required |
---|
501 | 501 | | by Section 509.003(a), Government Code, as amended by this Act. |
---|
502 | 502 | | SECTION 17. Section 509.011(a), Government Code, as amended |
---|
503 | 503 | | by this Act, applies only to a payment to a community supervision |
---|
504 | 504 | | and corrections department based on a voucher submitted to the |
---|
505 | 505 | | comptroller on or after the effective date of this Act. |
---|
506 | 506 | | SECTION 18. This Act takes effect September 1, 2019. |
---|