86R14272 JRR-F
	By: White	H.B. No. 4604

	A BILL TO BE ENTITLED
	AN ACT
	relating to pretrial diversion programs funded by the community
	justice assistance division of the Texas Department of Criminal
	Justice and the provision of training and technical assistance
	provided by the division.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 509.001(1), Government Code, is amended
	to read as follows:
	(1)  "Community corrections facility" means a physical
	structure, established by the judges described by Section 76.002
	after authorization of the establishment of the structure has been
	included in a department's strategic plan, that is operated by the
	department or operated for the department by an entity under
	contract with the department, for the purpose of treating persons
	who have been placed on community supervision or who are
	participating in a pretrial diversion [intervention] program
	operated under Section 76.011 or a drug court program established
	under Chapter 123 or former law and providing services and programs
	to modify criminal behavior, deter criminal activity, protect the
	public, and restore victims of crime. The term includes:
	(A)  a restitution center;
	(B)  a court residential treatment facility;
	(C)  a substance abuse treatment facility;
	(D)  a custody facility or boot camp;
	(E)  a facility for an offender with a mental
	impairment, as defined by Section 614.001, Health and Safety Code;
	and
	(F)  an intermediate sanction facility.
	SECTION 2.  Section 509.003(a), Government Code, is amended
	to read as follows:
	(a)  The division shall propose and the board shall adopt
	reasonable rules establishing:
	(1)  minimum standards for programs, community
	corrections facilities and other facilities, equipment, and other
	aspects of the operation of departments;
	(2)  a list and description of core services that
	should be provided by each department;
	(3)  methods for measuring the success of community
	supervision and corrections programs, including methods for
	measuring rates of diversion, program completion, and recidivism;
	(4)  a format for strategic plans; [and]
	(5)  minimum standards for the operation of substance
	abuse facilities and programs funded through the division; and
	(6)  minimum standards for the operation of pretrial
	diversion programs funded through the division.
	SECTION 3.  Chapter 509, Government Code, is amended by
	adding Section 509.0045 to read as follows:
	Sec. 509.0045.  PRETRIAL DIVERSION INFORMATION MANAGEMENT
	SYSTEM; REPORTING OF INFORMATION. (a) The division shall
	establish and operate an information management system to be used
	by departments, municipalities, and counties that receive funds
	under this chapter for pretrial diversion programs.
	(b)  The system established under Subsection (a) must assist
	departments, municipalities, and counties in:
	(1)  identifying defendants who are eligible for
	pretrial diversion programs;
	(2)  collecting and accessing information relating to
	the defendants;
	(3)  selecting appropriate release conditions for the
	defendants;
	(4)  monitoring the defendants' compliance with release
	conditions; and
	(5)  performing other functions related to defendants
	participating in pretrial diversion programs.
	(c)  The division shall require each department,
	municipality, and county that receives funds under this chapter for
	a pretrial diversion program to report, in the manner prescribed by
	the division, information requested by the division that relates
	to:
	(1)  the development or operation of the pretrial
	diversion program for which the recipient receives funds under this
	chapter; or
	(2)  a defendant participating in a pretrial diversion
	program described by Subdivision (1).
	SECTION 4.  Section 509.0071(f), Government Code, is amended
	to read as follows:
	(f)  A department or regional partnership of departments may
	use funds received under Subsection (e) to provide any program or
	service that a department is authorized to provide under other law,
	including implementing, administering, and supporting
	evidence-based community supervision strategies, electronic
	monitoring, substance abuse and mental health counseling and
	treatment, specialized community supervision caseloads,
	intermediate sanctions, victims' services, restitution collection,
	short-term incarceration in county jails, specialized courts,
	pretrial services, pretrial diversion [and intervention] programs,
	and work release and day reporting centers.
	SECTION 5.  Section 509.009, Government Code, is amended to
	read as follows:
	Sec. 509.009.  TRAINING. The division shall [may] provide
	pre-service, in-service, and educational training and technical
	assistance to departments to promote compliance with the standards
	under this chapter and to assist departments in improving the
	operation of department services.
	SECTION 6.  Sections 509.011(a), (b), (e), and (f),
	Government Code, are amended to read as follows:
	(a)  If the division determines that a department complies
	with division standards and if the department has submitted a
	strategic plan under Section 509.007 and the supporting information
	required by the division and the division determines the plan and
	supporting information are acceptable, the division shall prepare
	and submit to the comptroller vouchers for payment to the
	department as follows:
	(1)  for per capita funding, a per diem amount for each
	felony defendant on community supervision who is directly
	supervised by the department pursuant to lawful authority;
	(2)  for per capita funding, a per diem amount for a
	period not to exceed 182 days for each defendant on community
	supervision who is supervised by the department pursuant to lawful
	authority, other than a [felony] defendant described by Subdivision
	(1); [and]
	(3)  for per capita funding, a per diem amount for each
	felony defendant participating in a pretrial diversion program who
	is directly supervised by the department pursuant to lawful
	authority;
	(4)  for per capita funding, a per diem amount for a
	period not to exceed 182 days for each defendant participating in a
	pretrial diversion program who is supervised by the department
	pursuant to lawful authority, other than a defendant described by
	Subdivision (3); and
	(5)  for formula funding, an annual amount as computed
	by multiplying a percentage determined by the allocation formula
	established under Subsection (f) times the total amount provided in
	the General Appropriations Act for payments under this subdivision.
	(b)  The division may use discretionary grant funds to
	further the purposes of this chapter by contracting for services
	with state agencies or nonprofit organizations. The division may
	also make discretionary grants to departments, municipalities, or
	counties for the following purposes:
	(1)  development and operation of pretrial and
	presentencing services;
	(2)  development and operation of pretrial diversion
	programs that meet the standards adopted under Section
	509.003(a)(6);
	(3)  electronic monitoring services, surveillance
	supervision programs, and controlled substances testing services;
	(4) [(3)]  research projects to evaluate the
	effectiveness of community corrections programs, if the research is
	conducted in cooperation with the Criminal Justice Policy Council;
	(5) [(4)]  contract services for felony defendants;
	(6) [(5)]  residential services for misdemeanor
	defendants who exhibit levels of risk or needs indicating a need for
	confinement and treatment, as described by Section 509.005(b);
	(7) [(6)]  establishment or operation of county
	correctional centers under Subchapter H, Chapter 351, Local
	Government Code, or community corrections facilities for which the
	division has established standards under Section 509.006;
	(8) [(7)]  development and operation of treatment
	alternative to incarceration programs under Section 76.017; and
	(9) [(8)]  other purposes determined appropriate by
	the division and approved by the board.
	(e)  In establishing per diem payments authorized by
	Subsections (a)(1), [and] (a)(2), (a)(3), and (a)(4), the division
	shall consider the amounts appropriated in the General
	Appropriations Act for basic supervision as sufficient to provide
	basic supervision in each year of the fiscal biennium.
	(f)  The division annually shall compute for each department
	for community corrections program formula funding a percentage
	determined by assigning equal weights to the percentage of the
	state's population residing in the counties served by the
	department and the department's percentage of all felony defendants
	in the state under direct community supervision or pretrial
	diversion supervision. The division shall use the most recent
	information available in making computations under this
	subsection. The board by rule may adopt a policy limiting for all
	departments the percentage of benefit or loss that may be realized
	as a result of the operation of the formula.
	SECTION 7.  Section 509.013, Government Code, is amended by
	adding Subsection (c) to read as follows:
	(c)  In awarding a grant for the development or operation of
	a pretrial diversion program, the division shall give priority to
	programs that:
	(1)  establish pretrial diversion programs for state
	jail felony defendants;
	(2)  place eligible defendants into pretrial diversion
	programs as soon as practicable after each defendant's arrest; or
	(3)  seek to ensure that defendants successfully
	satisfy the requirements of the program in a timely and efficient
	manner.
	SECTION 8.  Article 42A.602(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  If a judge requires as a condition of community
	supervision or participation in a pretrial diversion
	[intervention] program operated under Section 76.011, Government
	Code, or a drug court program established under Chapter 123,
	Government Code, or former law that the defendant serve a term of
	confinement in a community corrections facility, the term may not
	exceed 24 months.
	SECTION 9.  Article 42A.604(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  As directed by the judge, the community corrections
	facility director shall file with the community supervision and
	corrections department director or administrator of a drug court
	program, as applicable, a copy of an evaluation made by the facility
	director of the defendant's behavior and attitude at the facility.
	The community supervision and corrections department director or
	program administrator shall examine the evaluation, make written
	comments on the evaluation that the director or administrator
	considers relevant, and file the evaluation and comments with the
	judge who granted community supervision to the defendant or placed
	the defendant in a pretrial diversion [intervention] program or
	drug court program. If the evaluation indicates that the defendant
	has made significant progress toward compliance with court-ordered
	conditions of community supervision or objectives of placement in
	the program, as applicable, the judge may release the defendant
	from the community corrections facility. A defendant who served a
	term in the facility as a condition of community supervision shall
	serve the remainder of the defendant's community supervision under
	any terms and conditions the court imposes under this chapter.
	SECTION 10.  Article 55.01(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  A person who has been placed under a custodial or
	noncustodial arrest for commission of either a felony or
	misdemeanor is entitled to have all records and files relating to
	the arrest expunged if:
	(1)  the person is tried for the offense for which the
	person was arrested and is:
	(A)  acquitted by the trial court, except as
	provided by Subsection (c); or
	(B)  convicted and subsequently:
	(i)  pardoned for a reason other than that
	described by Subparagraph (ii); or
	(ii)  pardoned or otherwise granted relief
	on the basis of actual innocence with respect to that offense, if
	the applicable pardon or court order clearly indicates on its face
	that the pardon or order was granted or rendered on the basis of the
	person's actual innocence; or
	(2)  the person has been released and the charge, if
	any, has not resulted in a final conviction and is no longer pending
	and there was no court-ordered community supervision under Chapter
	42A for the offense, unless the offense is a Class C misdemeanor,
	provided that:
	(A)  regardless of whether any statute of
	limitations exists for the offense and whether any limitations
	period for the offense has expired, an indictment or information
	charging the person with the commission of a misdemeanor offense
	based on the person's arrest or charging the person with the
	commission of any felony offense arising out of the same
	transaction for which the person was arrested:
	(i)  has not been presented against the
	person at any time following the arrest, and:
	(a)  at least 180 days have elapsed
	from the date of arrest if the arrest for which the expunction was
	sought was for an offense punishable as a Class C misdemeanor and if
	there was no felony charge arising out of the same transaction for
	which the person was arrested;
	(b)  at least one year has elapsed from
	the date of arrest if the arrest for which the expunction was sought
	was for an offense punishable as a Class B or A misdemeanor and if
	there was no felony charge arising out of the same transaction for
	which the person was arrested;
	(c)  at least three years have elapsed
	from the date of arrest if the arrest for which the expunction was
	sought was for an offense punishable as a felony or if there was a
	felony charge arising out of the same transaction for which the
	person was arrested; or
	(d)  the attorney representing the
	state certifies that the applicable arrest records and files are
	not needed for use in any criminal investigation or prosecution,
	including an investigation or prosecution of another person; or
	(ii)  if presented at any time following the
	arrest, was dismissed or quashed, and the court finds that the
	indictment or information was dismissed or quashed because:
	(a)  the person completed a veterans
	treatment court program created under Chapter 124, Government Code,
	or former law, subject to Subsection (a-3);
	(b)  the person completed a pretrial
	diversion [intervention] program authorized under Section 76.011,
	Government Code, other than a veterans treatment court program
	created under Chapter 124, Government Code, or former law;
	(c)  the presentment had been made
	because of mistake, false information, or other similar reason
	indicating absence of probable cause at the time of the dismissal to
	believe the person committed the offense; or
	(d)  the indictment or information was
	void; or
	(B)  prosecution of the person for the offense for
	which the person was arrested is no longer possible because the
	limitations period has expired.
	SECTION 11.  Article 102.012, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 102.012.  FEES FOR PRETRIAL DIVERSION [INTERVENTION]
	PROGRAMS. (a) A court that authorizes a defendant to participate
	in a pretrial diversion [intervention] program established under
	Section 76.011, Government Code, may order the defendant to pay to
	the court a supervision fee in an amount not more than $60 per month
	as a condition of participating in the program.
	(b)  In addition to or in lieu of the supervision fee
	authorized by Subsection (a), the court may order the defendant to
	pay or reimburse a community supervision and corrections department
	for any other expense that is:
	(1)  incurred as a result of the defendant's
	participation in the pretrial diversion [intervention] program,
	other than an expense described by Article 102.0121; or
	(2)  necessary to the defendant's successful completion
	of the program.
	SECTION 12.  Article 102.0121, Code of Criminal Procedure,
	is amended to read as follows:
	Art. 102.0121.  FEES FOR CERTAIN EXPENSES RELATED TO
	PRETRIAL DIVERSION [INTERVENTION] PROGRAMS. (a) A district
	attorney, criminal district attorney, or county attorney may
	collect a fee in an amount not to exceed $500 to be used to reimburse
	a county for expenses, including expenses of the district
	attorney's, criminal district attorney's, or county attorney's
	office, related to a defendant's participation in a pretrial
	diversion [intervention] program offered in that county.
	(b)  The district attorney, criminal district attorney, or
	county attorney may collect the fee from any defendant who
	participates in a pretrial diversion [intervention] program
	administered in any part by the attorney's office.
	(c)  Fees collected under this article shall be deposited in
	the county treasury in a special fund to be used solely to
	administer the pretrial diversion [intervention] program. An
	expenditure from the fund may be made only in accordance with a
	budget approved by the commissioners court.
	SECTION 13.  Sections 76.011(a) and (c), Government Code,
	are amended to read as follows:
	(a)  The department may operate programs for:
	(1)  the supervision and rehabilitation of persons in
	pretrial diversion [intervention] programs;
	(2)  the supervision of persons released on bail under:
	(A)  Chapter 11, Code of Criminal Procedure;
	(B)  Chapter 17, Code of Criminal Procedure;
	(C)  Article 44.04, Code of Criminal Procedure; or
	(D)  any other law;
	(3)  the supervision of a person subject to, or the
	verification of compliance with, a court order issued under:
	(A)  Article 17.441, Code of Criminal Procedure,
	requiring a person to install a deep-lung breath analysis mechanism
	on each vehicle owned or operated by the person;
	(B)  Chapter 123 of this code or former law,
	issuing an occupational driver's license;
	(C)  Section 49.09(h), Penal Code, requiring a
	person to install a deep-lung breath analysis mechanism on each
	vehicle owned or operated by the person; or
	(D)  Subchapter L, Chapter 521, Transportation
	Code, granting a person an occupational driver's license; and
	(4)  the supervision of a person not otherwise
	described by Subdivision (1), (2), or (3), if a court orders the
	person to submit to the supervision of, or to receive services from,
	the department.
	(c)  A person in a pretrial diversion [intervention] program
	operated by the department under Subsection (a) may be supervised
	for a period not to exceed two years.
	SECTION 14.  Section 103.021, Government Code, is amended to
	read as follows:
	Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
	or a party to a civil suit, as applicable, shall pay the following
	fees and costs under the Code of Criminal Procedure if ordered by
	the court or otherwise required:
	(1)  a personal bond fee (Art. 17.42, Code of Criminal
	Procedure) . . . the greater of $20 or three percent of the amount
	of the bail fixed for the accused;
	(2)  cost of electronic monitoring as a condition of
	release on personal bond (Art. 17.43, Code of Criminal Procedure)
	. . . actual cost;
	(3)  a fee for verification of and monitoring of motor
	vehicle ignition interlock (Art. 17.441, Code of Criminal
	Procedure) . . . not to exceed $10;
	(3-a)  costs associated with operating a global
	positioning monitoring system as a condition of release on bond
	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
	subject to a determination of indigency;
	(3-b)  costs associated with providing a defendant's
	victim with an electronic receptor device as a condition of the
	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
	Procedure) . . . actual costs, subject to a determination of
	indigency;
	(4)  repayment of reward paid by a crime stoppers
	organization on conviction of a felony (Art. 37.073, Code of
	Criminal Procedure) . . . amount ordered;
	(5)  reimbursement to general revenue fund for payments
	made to victim of an offense as condition of community supervision
	(Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure)
	. . . not to exceed $50 for a misdemeanor offense or $100 for a
	felony offense;
	(6)  payment to a crime stoppers organization as
	condition of community supervision (Art. 42A.301(b)(20)
	[42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50;
	(7)  children's advocacy center fee (Art. 42A.455, Code
	of Criminal Procedure) . . . not to exceed $50;
	(8)  family violence center fee (Art. 42A.504(b), Code
	of Criminal Procedure) . . . $100;
	(9)  community supervision fee (Art. 42A.652(a), Code
	of Criminal Procedure) . . . not less than $25 or more than $60 per
	month;
	(10)  additional community supervision fee for certain
	offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per
	month;
	(11)  for certain financially able sex offenders as a
	condition of community supervision, the costs of treatment,
	specialized supervision, or rehabilitation (Art. 42A.452, Code of
	Criminal Procedure) . . . all or part of the reasonable and
	necessary costs of the treatment, supervision, or rehabilitation as
	determined by the judge;
	(12)  fee for failure to appear for trial in a justice
	or municipal court if a jury trial is not waived (Art. 45.026, Code
	of Criminal Procedure) . . . costs incurred for impaneling the
	jury;
	(13)  costs of certain testing, assessments, or
	programs during a deferral period (Art. 45.051, Code of Criminal
	Procedure) . . . amount ordered;
	(14)  special expense on dismissal of certain
	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
	. . . not to exceed amount of fine assessed;
	(15)  an additional fee:
	(A)  for a copy of the defendant's driving record
	to be requested from the Department of Public Safety by the judge
	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
	to the sum of the fee established by Section 521.048,
	Transportation Code, and the state electronic Internet portal fee;
	(B)  as an administrative fee for requesting a
	driving safety course or a course under the motorcycle operator
	training and safety program for certain traffic offenses to cover
	the cost of administering the article (Art. 45.0511(f)(1), Code of
	Criminal Procedure) . . . not to exceed $10; or
	(C)  for requesting a driving safety course or a
	course under the motorcycle operator training and safety program
	before the final disposition of the case (Art. 45.0511(f)(2), Code
	of Criminal Procedure) . . . not to exceed the maximum amount of the
	fine for the offense committed by the defendant;
	(16)  a request fee for teen court program (Art.
	45.052, Code of Criminal Procedure) . . . $20, if the court
	ordering the fee is located in the Texas-Louisiana border region,
	but otherwise not to exceed $10;
	(17)  a fee to cover costs of required duties of teen
	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
	court ordering the fee is located in the Texas-Louisiana border
	region, but otherwise $10;
	(18)  a mileage fee for officer performing certain
	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
	mile;
	(19)  certified mailing of notice of hearing date (Art.
	102.006, Code of Criminal Procedure) . . . $1, plus postage;
	(20)  certified mailing of certified copies of an order
	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
	plus postage;
	(20-a)  a fee to defray the cost of notifying state
	agencies of orders of expungement (Art. 45.0216, Code of Criminal
	Procedure) . . . $30 per application;
	(21)  sight orders:
	(A)  if the face amount of the check or sight order
	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
	. . . not to exceed $10;
	(B)  if the face amount of the check or sight order
	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $15;
	(C)  if the face amount of the check or sight order
	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $30;
	(D)  if the face amount of the check or sight order
	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $50; and
	(E)  if the face amount of the check or sight order
	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
	. . . not to exceed $75;
	(22)  fees for a pretrial diversion [intervention]
	program:
	(A)  a supervision fee (Art. 102.012(a), Code of
	Criminal Procedure) . . . $60 a month plus expenses; and
	(B)  a district attorney, criminal district
	attorney, or county attorney administrative fee (Art. 102.0121,
	Code of Criminal Procedure) . . . not to exceed $500;
	(23)  parking fee violations for child safety fund in
	municipalities with populations:
	(A)  greater than 850,000 (Art. 102.014, Code of
	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
	(B)  less than 850,000 (Art. 102.014, Code of
	Criminal Procedure) . . . not to exceed $5;
	(24)  an administrative fee for collection of fines,
	fees, restitution, or other costs (Art. 102.072, Code of Criminal
	Procedure) . . . not to exceed $2 for each transaction;
	(25)  a collection fee, if authorized by the
	commissioners court of a county or the governing body of a
	municipality, for certain debts and accounts receivable, including
	unpaid fines, fees, court costs, forfeited bonds, and restitution
	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
	percent of an amount more than 60 days past due; and
	(26)  a cost on conviction for the truancy prevention
	and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
	$2.
	SECTION 15.  Section 351.184(a), Local Government Code, is
	amended to read as follows:
	(a)  To certify county correctional centers as eligible for
	state funding under Section 509.011(b)(7) [509.011(b)(6)],
	Government Code, the community justice assistance division of the
	Texas Department of Criminal Justice, with the assistance of the
	Commission on Jail Standards, shall develop standards for the
	physical plant and operations of county correctional centers.
	SECTION 16.  As soon as practicable after the effective date
	of this Act, the Texas Board of Criminal Justice shall adopt rules
	establishing minimum standards for the operation of a pretrial
	diversion program funded by the community justice assistance
	division of the Texas Department of Criminal Justice, as required
	by Section 509.003(a), Government Code, as amended by this Act.
	SECTION 17.  Section 509.011(a), Government Code, as amended
	by this Act, applies only to a payment to a community supervision
	and corrections department based on a voucher submitted to the
	comptroller on or after the effective date of this Act.
	SECTION 18.  This Act takes effect September 1, 2019.