Texas 2021 - 87th Regular

Texas House Bill HB2442 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R20349 JCG-D
2		-	By: White, Allen, Sherman, Sr., et al. H.B. No. 2442
3		-	Substitute the following for H.B. No. 2442:
4		-	By: Murr C.S.H.B. No. 2442
	1	+	87R2576 JCG-F
	2	+	By: White H.B. No. 2442
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the creation of the Justice Reinvestment Incentive
10	8		Program.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subtitle C, Title 11, Local Government Code, is
13	11		amended by adding Chapter 364 to read as follows:
14	12		CHAPTER 364. JUSTICE REINVESTMENT INCENTIVE PROGRAM
15	13		Sec. 364.0001. DEFINITIONS. In this chapter:
16	14		(1) "Department" means the Texas Department of
17	15		Criminal Justice.
18		-	(2) "Local authorities" includes a district attorney,
	16	+	(2) "Division" means the criminal justice division of
	17	+	the governor's office.
	18	+	(3) "Local authorities" includes a district attorney,
19	19		criminal district attorney, or county attorney, a judge of a
20	20		district or county court having criminal jurisdiction, a county
21	21		commissioners court, and the head of a law enforcement agency.
22	22		Sec. 364.0002. JUSTICE REINVESTMENT PLAN. (a) The local
23	23		authorities in a county may create and implement a two-year justice
24	24		reinvestment plan to reduce the number of:
25	25		(1) persons from the county who are convicted of
26	26		felony offenses and committed to the department; and
27	27		(2) incarceration years to which persons from the
28	28		county are sentenced to serve in a facility operated by or under
29	29		contract with the department.
30	30		(b) A justice reinvestment plan may include the following
31	31		strategies:
32	32		(1) increased use of pre-arrest or pretrial diversion
33	33		programs;
34	34		(2) increased use of community supervision programs;
35	35		(3) improvements to indigent defense programs; and
36	36		(4) any other law enforcement or prosecutorial
37	37		strategy designed to reduce incarceration as described by
38	38		Subsection (a).
39	39		Sec. 364.0003. INCENTIVE. (a) As compared to the two-year
40	40		period preceding January 1, 2020, if a justice reinvestment plan
41	41		operating for a two-year period results in a reduction in the number
42	42		of persons from the county who are convicted of felony offenses and
43		-	committed to the department by not less than 25 percent, the county
44		-	may apply to the ~~comptroller~~ for an award of money in an amount
45		-	~~equal to~~ 90 percent of the amount of the actual cost savings to the
46		-	~~state due~~ to the reduction.
	43	+	committed to the department by not less than 40 percent, the county
	44	+	may apply to the division for an award of money in an amount equal to
	45	+	90 percent of the amount of the actual cost savings to the state due
	46	+	to the reduction.
47	47		(b) An application for an award under this section must
48	48		include:
49	49		(1) a description of the incarceration reduction
50	50		strategies used by the county;
51	51		(2) the reduction in the number of persons convicted
52	52		and committed; and
53	53		(3) the reduction in the number of incarceration years
54	54		to which persons were sentenced.
55		-	(c) If the ~~comptroller~~ finds that the county has implemented
56		-	a justice reinvestment plan that meets the requirements of this
57		-	section, the ~~comptroller~~ shall award to the county an amount
	55	+	(c) If the division finds that the county has implemented a
	56	+	justice reinvestment plan that meets the requirements of this
	57	+	section, the division shall award to the county an amount
58	58		consistent with Subsection (a).
59	59		(d) At least one-half of an award made under this section
60	60		must be used to offset supervision-related court costs or fees
61	61		assessed against persons placed on pretrial supervision or
62	62		community supervision.
63		-	Sec. 364.0004. REPORT. The ~~comptroller~~ shall make
64		-	~~available a~~ report describing the justice reinvestment plans for
65		-	~~which awards~~ have been issued under this chapter.
66		-	Sec. 364.0005. RULES. The ~~comptroller~~ shall adopt rules to
	63	+	Sec. 364.0004. REPORT. The division shall make available a
	64	+	report describing the justice reinvestment plans for which awards
	65	+	have been issued under this chapter.
	66	+	Sec. 364.0005. RULES. The division shall adopt rules to
67	67		implement this chapter.
68		-	Sec. 364.0006. FUNDS. The comptroller may use any
69		-	available funds to implement this chapter.
70	68		SECTION 2. This Act takes effect September 1, 2021.