87R2576 JCG-F
By: White H.B. No. 2442
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Justice Reinvestment Incentive
Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 11, Local Government Code, is
amended by adding Chapter 364 to read as follows:
CHAPTER 364. JUSTICE REINVESTMENT INCENTIVE PROGRAM
Sec. 364.0001. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Department of
Criminal Justice.
(2) "Division" means the criminal justice division of
the governor's office.
(3) "Local authorities" includes a district attorney,
criminal district attorney, or county attorney, a judge of a
district or county court having criminal jurisdiction, a county
commissioners court, and the head of a law enforcement agency.
Sec. 364.0002. JUSTICE REINVESTMENT PLAN. (a) The local
authorities in a county may create and implement a two-year justice
reinvestment plan to reduce the number of:
(1) persons from the county who are convicted of
felony offenses and committed to the department; and
(2) incarceration years to which persons from the
county are sentenced to serve in a facility operated by or under
contract with the department.
(b) A justice reinvestment plan may include the following
strategies:
(1) increased use of pre-arrest or pretrial diversion
programs;
(2) increased use of community supervision programs;
(3) improvements to indigent defense programs; and
(4) any other law enforcement or prosecutorial
strategy designed to reduce incarceration as described by
Subsection (a).
Sec. 364.0003. INCENTIVE. (a) As compared to the two-year
period preceding January 1, 2020, if a justice reinvestment plan
operating for a two-year period results in a reduction in the number
of persons from the county who are convicted of felony offenses and
committed to the department by not less than 40 percent, the county
may apply to the division for an award of money in an amount equal to
90 percent of the amount of the actual cost savings to the state due
to the reduction.
(b) An application for an award under this section must
include:
(1) a description of the incarceration reduction
strategies used by the county;
(2) the reduction in the number of persons convicted
and committed; and
(3) the reduction in the number of incarceration years
to which persons were sentenced.
(c) If the division finds that the county has implemented a
justice reinvestment plan that meets the requirements of this
section, the division shall award to the county an amount
consistent with Subsection (a).
(d) At least one-half of an award made under this section
must be used to offset supervision-related court costs or fees
assessed against persons placed on pretrial supervision or
community supervision.
Sec. 364.0004. REPORT. The division shall make available a
report describing the justice reinvestment plans for which awards
have been issued under this chapter.
Sec. 364.0005. RULES. The division shall adopt rules to
implement this chapter.
SECTION 2. This Act takes effect September 1, 2021.