Texas 2021 - 87th Regular

Texas House Bill HB2791

Caption

Relating to confinement and treatment in a substance abuse felony punishment facility under a plea bargain agreement.

Impact

The implications of HB 2791 on state laws are significant, particularly concerning the discretion judges have in sentencing and the treatment of substance abuse offenders. By stipulating that judges must evaluate a defendant's suitability for treatment, the bill encourages a more individualized approach in sentencing, potentially reducing the number of individuals incarcerated for substance abuse issues. This aligns with broader trends in criminal justice reform, which advocate for alternatives to incarceration that emphasize rehabilitation over punishment.

Summary

House Bill 2791 addresses the rules surrounding the confinement and treatment of individuals within a substance abuse felony punishment facility when it relates to plea bargain agreements. The bill aims to clarify the conditions under which judges can impose community supervision on defendants who have opted for treatment as part of their plea agreements. Specifically, it prevents judges from imposing this condition unless they first determine, based on established criteria, that the defendant is a suitable candidate for such treatment. This change is intended to facilitate more effective management of offenders with substance abuse issues who might benefit from rehabilitation rather than traditional incarceration.

Contention

While supporters of HB 2791 laud its focus on treatment and rehabilitation, opponents may raise concerns about its practical implementation and the allocation of resources for substance abuse treatment programs. Additionally, some critics might argue that requiring judicial evaluation could slow down the processing of plea bargains, potentially leading to delays in justice for defendants. As AB 2791 is intended to change existing procedural norms in felony admissions to substance abuse facilities, the debate may also encompass broader issues regarding the efficacy and funding of state rehabilitation programs, as well as the balance between judicial discretion and the need for structured accountability.

Companion Bills

No companion bills found.

Previously Filed As

TX HB208

Relating to the punishment for certain controlled substance offenses committed in a drug-free zone; increasing criminal penalties.

TX HB828

Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.

TX HB501

Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age.

TX HB939

Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.

TX HB909

Relating to the authority of a court to grant a commutation of punishment to certain individuals serving a term of imprisonment.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB520

Relating to criminal penalties for possession offenses under the Texas Controlled Substances Act.

TX HB2201

Relating to housing certain inmates in state jail felony facilities.

TX SB129

Relating to the prosecution and punishment for possession or promotion of child pornography; increasing criminal penalties.

TX SB4

Relating to the punishment for certain criminal conduct involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.

Similar Bills

No similar bills found.