87R2344 JRR-F
By: White H.B. No. 2190
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and punishment for certain state
jail felony offenders, including the creation of a pretrial
intervention program for certain state jail felony offenders;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.1025 to read as
follows:
Art. 42A.1025. MANDATORY PLACEMENT ON DEFERRED
ADJUDICATION COMMUNITY SUPERVISION; CERTAIN STATE JAIL FELONY
OFFENDERS. (a) This article applies only to a defendant who:
(1) is charged with a state jail felony punishable
under Section 12.35(a), Penal Code;
(2) with respect to the offense described by
Subdivision (1):
(A) did not participate in a state jail felony
pretrial intervention program established under Chapter 127,
Government Code, regardless of whether the defendant was eligible
to participate in the program based on the specific state jail
felony offense charged; or
(B) was placed into the program described by
Paragraph (A) but did not successfully complete the program; and
(3) has not previously been convicted of or placed on
deferred adjudication community supervision for a state jail
felony.
(b) On request of a defendant described by Subsection (a), a
judge shall place the defendant on deferred adjudication community
supervision.
(c) Notwithstanding Article 42A.103(a), the period of
deferred adjudication community supervision may not be less than
two years and may not exceed four years.
SECTION 2. Article 42A.110(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A court assessing punishment after an adjudication of
guilt of a defendant charged with a state jail felony may suspend
the imposition of the sentence and place the defendant on community
supervision or may order the sentence to be executed, regardless of
whether the defendant has previously been convicted of a felony.
Notwithstanding any other law, if the court orders the sentence to
be executed following an adjudication of guilt for a state jail
felony that is punishable under Section 12.35(a), Penal Code, the
defendant shall be punishable by confinement in a community
corrections facility, as defined by Section 509.001, Government
Code, for a term not to exceed two years.
SECTION 3. 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 court programs established
under Chapter 122, 123, 124, 125, 127, or 129, Government Code, or
former law.
SECTION 4. Subtitle K, Title 2, Government Code, is amended
by adding Chapter 127 to read as follows:
CHAPTER 127. PRETRIAL INTERVENTION PROGRAM FOR CERTAIN STATE JAIL
FELONY OFFENDERS
Sec. 127.001. STATE JAIL FELONY PRETRIAL INTERVENTION
PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this
chapter, "state jail felony pretrial intervention 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 state jail
felony pretrial intervention program, after notice to the attorney
representing the state and a hearing in the state jail felony
pretrial intervention program 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. 127.002. ESTABLISHMENT OF PROGRAM; DEFENDANT
ELIGIBILITY. (a) The commissioners court of a county shall
establish a state jail felony pretrial intervention program for
persons arrested for or charged with a state jail felony punishable
under Section 12.35(a), Penal Code, other than a state jail felony
under:
(1) Article 62.102, Code of Criminal Procedure;
(2) Section 261.107 or 261.109, Family Code;
(3) Section 171.103, 171.153, or 485.032, Health and
Safety Code;
(4) Section 48.052, Human Resources Code; or
(5) Section 19.05, 21.09, 21.18, 22.04, 22.041, 22.07,
22.08, 25.031, 38.14, 38.151, 39.04, 43.262, 48.03, or 49.045,
Penal Code.
(b) A defendant is eligible to participate in a state jail
felony pretrial intervention program established under this
chapter only if the attorney representing the state consents to the
defendant's participation in the program. An eligible defendant may
participate in the state jail felony pretrial intervention program
regardless of whether the defendant previously participated in a
state jail felony pretrial intervention program established under
this chapter.
(c) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to proceed through
the state jail felony pretrial intervention program or otherwise
through the criminal justice system.
Sec. 127.003. DUTIES OF STATE JAIL FELONY PRETRIAL
INTERVENTION PROGRAM. (a) A state jail felony pretrial
intervention program established under this chapter must:
(1) prioritize the acceptance of defendants eligible
for participation in the program who have not:
(A) previously been convicted of or placed on
deferred adjudication community supervision for a felony offense;
or
(B) previously participated in a state jail
felony pretrial intervention program established under this
chapter;
(2) ensure that a defendant eligible for participation
in the program is provided legal counsel before electing to proceed
through the program and while participating in the program;
(3) allow a participant to withdraw from the program
at any time before a trial on the merits has been initiated;
(4) provide a participant with a court-ordered
individualized treatment plan indicating the services that will be
provided to the participant; and
(5) ensure that the jurisdiction of the program
continues for a minimum period of not less than six months but does
not continue beyond the maximum period allowed under Article
42A.1025(c), Code of Criminal Procedure, for a grant of deferred
adjudication community supervision to a defendant charged with a
state jail felony punishable under Section 12.35(a), Penal Code.
(b) A state jail felony pretrial intervention 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 state jail felony pretrial intervention 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. 127.004. ESTABLISHMENT OF REGIONAL PROGRAM. The
commissioners courts of two or more counties may elect to establish
a regional state jail felony pretrial intervention program under
this chapter for the participating counties.
Sec. 127.005. REIMBURSEMENT FEES. (a) A state jail felony
pretrial intervention program established under this chapter may
collect from a participant in the program:
(1) a reasonable reimbursement fee for the program not
to exceed $1,000; and
(2) a testing, counseling, and treatment
reimbursement fee in an amount necessary to cover the costs of any
testing, counseling, or treatment performed or provided under the
program.
(b) Reimbursement 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. 127.006. COURTESY SUPERVISION. (a) A state jail
felony pretrial intervention program that accepts placement of a
defendant may transfer responsibility for supervising the
defendant's participation in the program to another state jail
felony pretrial intervention 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
state jail felony pretrial intervention 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 state jail felony pretrial
intervention program that accepts the transfer.
(c) If a defendant whose supervision is transferred under
this section does not successfully complete the program, the state
jail felony pretrial intervention program supervising the
defendant shall return the responsibility for the defendant's
supervision to the state jail felony pretrial intervention program
that initiated the transfer.
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;
(E) a mental health court program established
under Chapter 125 or former law;
(F) a state jail felony pretrial intervention
program established under Chapter 127; and
(G) [(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, 125, 127, or 129 or former law.
SECTION 7. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 8. This Act takes effect September 1, 2021.