Bill Text: TX HB2190 | 2021-2022 | 87th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-24 - Withdrawn from schedule [HB2190 Detail]
Download: Texas-2021-HB2190-Introduced.html
87R2344 JRR-F | ||
By: White | H.B. No. 2190 |
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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) [ |
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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. |