By: Place H.B. No. 2601
73R6732 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to probation for adult offenders and to the organization
1-3 and operation of a system of community corrections.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivision (2), Section 2, Article 42.12, Code
1-6 of Criminal Procedure, is amended to read as follows:
1-7 (2) "Probation" shall mean the supervised release of a
1-8 <convicted> defendant by a court under a continuum of programs and
1-9 sanctions with conditions imposed by the court for a specified
1-10 period <during which the imposition of sentence is suspended>.
1-11 SECTION 2. Section 3, Article 42.12, Code of Criminal
1-12 Procedure, is amended to read as follows:
1-13 Sec. 3. COURT ORDERED PROBATION. The judges of the courts
1-14 of the State of Texas having original jurisdiction of criminal
1-15 actions, when it shall appear to the satisfaction of the court that
1-16 the ends of justice and the best interests of the public as well as
1-17 the defendant will be subserved thereby, shall have the power,
1-18 after conviction or a plea of guilty or nolo contendere for any
1-19 crime or offense, where the maximum punishment assessed against the
1-20 defendant does not exceed ten years imprisonment, to suspend the
1-21 imposition of the sentence and may place the defendant on probation
1-22 or impose a fine applicable to the offense committed and also place
1-23 the defendant on probation as hereinafter provided. Except as
1-24 otherwise provided by this section, in all felony cases where the
2-1 punishment is assessed by the Court it may fix the period of
2-2 probation without regard to the term of punishment assessed, but in
2-3 no event may the period of probation be greater than five <10>
2-4 years or less than the minimum prescribed for the offense for which
2-5 the defendant was convicted. In a misdemeanor case in which
2-6 confinement is imposed by the court or in a third-degree felony
2-7 case punished under Section 12.34(a)(2), Penal Code, the period of
2-8 probation shall be for a period of <time not to exceed the maximum
2-9 confinement applicable to the offense or> two years<, whichever
2-10 period is greater>. Any such person placed on probation, whether
2-11 in a trial by jury or before the court, shall be under the
2-12 supervision of such court.
2-13 SECTION 3. Section 3g(a), Article 42.12, Code of Criminal
2-14 Procedure, is amended to read as follows:
2-15 (a) The provisions of Section 3 and Section 5 of this
2-16 article do not apply:
2-17 (1) to a defendant adjudged guilty of an offense
2-18 defined by the following sections of the Penal Code:
2-19 (A) Section 19.03 (Capital murder);
2-20 (B) Section 20.04 (Aggravated kidnapping);
2-21 (C) Section 22.021 (Aggravated sexual assault);
2-22 (D) Section 29.03 (Aggravated robbery); or
2-23 (2) to a defendant when it is shown that a deadly
2-24 weapon as defined in Section 1.07(a)(11), Penal Code, was used or
2-25 exhibited during the commission of a felony offense or during
2-26 immediate flight therefrom, and that the defendant used or
2-27 exhibited a deadly weapon or was a party to the offense and knew
3-1 that a deadly weapon would be used or exhibited. On an affirmative
3-2 finding under this subdivision, the trial court shall enter the
3-3 finding in the judgment of the court. On an affirmative finding
3-4 that the deadly weapon was a firearm, the court shall enter that
3-5 finding in its judgment.
3-6 SECTION 4. Sections 4(a) and (b), Article 42.12, Code of
3-7 Criminal Procedure, are amended to read as follows:
3-8 (a) When there is a felony conviction in any court of this
3-9 State and the punishment assessed by the jury shall not exceed ten
3-10 years, the jury may recommend probation for a period of any term of
3-11 years authorized for the offense for which the defendant was
3-12 convicted, but in no event for more than five <ten> years, upon
3-13 written sworn motion made therefor by the defendant, filed before
3-14 the trial begins. When the jury recommends probation, it may also
3-15 assess a fine applicable to the offense for which the defendant was
3-16 convicted. When the trial is to a jury, and the defendant has no
3-17 counsel, the court shall inform the defendant of his right to make
3-18 such motion, and the court shall appoint counsel to prepare and
3-19 present same, if desired by the defendant. In no case shall
3-20 probation be recommended by the jury except when the sworn motion
3-21 and proof shall show, and the jury shall find in their verdict that
3-22 the defendant has never before been convicted of a felony in this
3-23 or any other State. This law is not to be construed as preventing
3-24 the jury from passing on the guilt of the defendant, but he may
3-25 enter a plea of not guilty. In all eligible cases, probation shall
3-26 be granted by the court, if the jury recommends it in their
3-27 verdict, for the period recommended by the jury. This section does
4-1 not apply to a defendant adjudged guilty of an offense under
4-2 Section 481.122, Texas Controlled Substances Act (Chapter 481,
4-3 Health and Safety Code), if it is shown on the trial of the offense
4-4 that the defendant was 21 years of age or older at the time the
4-5 offense was committed by his own conduct.
4-6 (b) Where there is a misdemeanor conviction in any court of
4-7 this state and the punishment assessed by the jury shall be by
4-8 imprisonment in jail or by a fine or by both such fine and
4-9 imprisonment, the jury may recommend probation for a period of
4-10 <time not to exceed> two years, upon sworn motion made therefor by
4-11 the defendant, filed before the penalty stage of the trial begins.
4-12 When the jury recommends probation, it may recommend that the
4-13 imprisonment or fine or both such fine and imprisonment found in
4-14 its verdict may be probated. When the trial is to a jury and the
4-15 defendant has no counsel, the court shall inform the defendant of
4-16 his right to make such motion, and the court shall appoint counsel
4-17 to prepare and present same, if desired by the defendant. In no
4-18 case shall probation be recommended by the jury except when the
4-19 defendant, before the trial began, had filed a sworn statement that
4-20 the defendant has never before been convicted of a felony, and
4-21 after conviction and before the penalty stage of the trial began,
4-22 the defendant shall have filed a sworn motion for probation and the
4-23 proof shall show and the jury shall find in their verdict that the
4-24 defendant has never before been convicted of a felony in this or
4-25 any other state. This law is not to be construed as preventing the
4-26 jury from passing on the guilt of the defendant, but the defendant
4-27 may enter a plea of not guilty. In all eligible cases, probation
5-1 shall be granted by the court, if the jury recommends it in their
5-2 verdict.
5-3 SECTION 5. Sections 5(a) and (b), Article 42.12, Code of
5-4 Criminal Procedure, are amended to read as follows:
5-5 (a) Except as provided by Subsection (d) of this section,
5-6 when in its opinion the best interest of society and the defendant
5-7 will be served, the court may, after receiving a plea of guilty or
5-8 plea of nolo contendere, hearing the evidence, and finding that it
5-9 substantiates the defendant's guilt, defer further proceedings
5-10 without entering an adjudication of guilt, and place the defendant
5-11 on probation. The court shall inform the defendant orally or in
5-12 writing of the possible consequences under Subsection (b) of this
5-13 section of a violation of probation. If the information is
5-14 provided orally, the court must record and maintain the court's
5-15 statement to the defendant. In a felony case, the period of
5-16 probation may not exceed five <10> years. In a misdemeanor case,
5-17 the period of probation may not exceed two years. The court may
5-18 impose a fine applicable to the offense and require any reasonable
5-19 terms and conditions of probation. However, upon written motion of
5-20 the defendant requesting final adjudication filed within 30 days
5-21 after entering such plea and the deferment of adjudication, the
5-22 court shall proceed to final adjudication as in all other cases.
5-23 (b) On violation of a condition of probation imposed under
5-24 Subsection (a) of this section, the defendant may be arrested and
5-25 detained as provided in Section 24 of this article <Article>. The
5-26 defendant is entitled to a hearing limited to the determination by
5-27 the court of whether it proceeds with an adjudication of guilt on
6-1 the original charge. No appeal may be taken from this
6-2 determination. After an adjudication of guilt, all proceedings,
6-3 including assessment of punishment, pronouncement of sentence,
6-4 granting of probation, and defendant's appeal continue as if the
6-5 adjudication of guilt had not been deferred, except that the
6-6 sentence of imprisonment may not exceed 10 years in a felony case
6-7 or the maximum term of confinement in a misdemeanor case.
6-8 SECTION 6. Section 6(a), Article 42.12, Code of Criminal
6-9 Procedure, is amended to read as follows:
6-10 (a) For the purposes of this section, the jurisdiction of a
6-11 court in which a sentence requiring confinement in the
6-12 institutional division of the Texas Department of Criminal Justice
6-13 <Corrections> is imposed shall continue for 180 days from the date
6-14 the execution of the sentence actually begins. Before the
6-15 expiration of 180 days from the date the execution of the sentence
6-16 actually begins, the judge of the court that imposed such sentence
6-17 may on his own motion, on the motion of the attorney representing
6-18 the state, or on the written motion of the defendant, suspend
6-19 further execution of the sentence and place the defendant on
6-20 probation under the terms and conditions of this article, if in the
6-21 opinion of the judge the defendant would not benefit from further
6-22 incarceration and<:>
6-23 <(1)> the defendant is otherwise eligible for
6-24 probation under this article<;>
6-25 <(2) the defendant had never before been incarcerated
6-26 in a penitentiary serving a sentence for a felony; and>
6-27 <(3) the offense for which the defendant was convicted
7-1 was other than those defined by Section 19.02, 20.04, 22.021,
7-2 22.03, 22.04(a)(1), (2), or (3), 29.03, 36.02, 38.07, 71.02 or a
7-3 felony of the second degree under Section 38.10, Penal Code>.
7-4 SECTION 7. Section 7(a), Article 42.12, Code of Criminal
7-5 Procedure, is amended to read as follows:
7-6 (a) For the purposes of this section, the jurisdiction of
7-7 the courts in this state in which a sentence requiring confinement
7-8 in a jail is imposed for conviction of a misdemeanor shall continue
7-9 for a period equal to the sentence imposed. The judge of the court
7-10 that imposed such sentence may on his own motion, on the motion of
7-11 the attorney representing the state, or on the written motion of
7-12 the defendant suspend further execution of the sentence and place
7-13 the defendant on probation under the terms and conditions of this
7-14 article, if <prior to the execution of that sentence the defendant
7-15 had never been incarcerated in a penitentiary or jail serving a
7-16 sentence for a felony or misdemeanor and> in the opinion of the
7-17 judge the defendant would not benefit from further incarceration.
7-18 SECTION 8. Section 12, Article 42.12, Code of Criminal
7-19 Procedure, is amended to read as follows:
7-20 Sec. 12. DETENTION AS A CONDITION OF PROBATION. When the
7-21 court having jurisdiction of a misdemeanor case grants probation to
7-22 the defendant, the court may require as a condition of probation
7-23 that the defendant submit to a period of detention in a county jail
7-24 or county <community> corrections center <facility> to serve a term
7-25 of imprisonment not to exceed 30 days and serve up to 100 hours of
7-26 community service. In a felony case the court may require as a
7-27 condition of probation that the defendant submit to a period of
8-1 detention in a county jail to serve a term of imprisonment not to
8-2 exceed 180 days. A court granting probation to a defendant
8-3 convicted of an offense under Section 71.02, Penal Code, may
8-4 require as a condition of probation that the defendant submit to
8-5 180 days detention in the county jail or county <community>
8-6 corrections center <facility> and serve up to 200 hours of public
8-7 service in addition to any other penalty prescribed by law.
8-8 SECTION 9. Section 13(f), Article 42.12, Code of Criminal
8-9 Procedure, is amended to read as follows:
8-10 (f) If a court grants probation to a defendant convicted of
8-11 an offense under Article 6701l-1, Revised Statutes<, and punished
8-12 under Subsection (c) of that article>, and if before receiving
8-13 probation the defendant has not submitted to an evaluation under
8-14 Section 9 of this article, the court shall require the defendant to
8-15 submit to the evaluation as a condition of probation. If the
8-16 evaluation indicates to the court that the defendant is in need of
8-17 treatment for drug or alcohol dependency, the court shall require
8-18 the defendant to submit to that treatment as a condition of
8-19 probation in a program or facility approved or licensed by the
8-20 Texas Commission on Alcohol and Drug Abuse or in a program or
8-21 facility that complies with standards established by the community
8-22 justice assistance division of the Texas Department of Criminal
8-23 Justice, after consultation by the division with the commission.
8-24 SECTION 10. Section 14(b), Article 42.12, Code of Criminal
8-25 Procedure, is amended to read as follows:
8-26 (b) If the court grants probation to a person convicted of
8-27 an offense under Section 21.11, 22.011, 22.021, or 22.04, Penal
9-1 Code, the court may require the probationer to attend psychological
9-2 counseling sessions at the direction of the probation officer and
9-3 may require the probationer to pay all or a part of the reasonable
9-4 and necessary costs incurred by the victim for psychological
9-5 counseling made necessary by the offense, upon a finding that the
9-6 probationer is financially able to make payment. <Any payments
9-7 ordered under this subsection may not extend past one year from the
9-8 date of the order.>
9-9 SECTION 11. Section 16(b), Article 42.12, Code of Criminal
9-10 Procedure, is amended to read as follows:
9-11 (b) The director of a probation department may contract with
9-12 state agencies or political subdivisions of the state, using
9-13 defendants required to participate in a work program under this
9-14 section, to perform tasks contracted for by the agency or
9-15 subdivision. Proceeds from a contract entered into under this
9-16 subsection shall be used by the probation department to offset
9-17 expenses incurred by the department in supervising probationers
9-18 participating in the work program. Any proceeds in excess of the
9-19 amount needed to offset the expenses, including the purchase of
9-20 liability insurance and workers' compensation coverage for
9-21 probationers performing community service work, shall be remitted
9-22 by the director of the probation department to the Texas Adult
9-23 Probation Commission. Proceeds received by the commission under
9-24 this subsection shall be used to offset expenses incurred by the
9-25 commission in assisting probation departments to establish and
9-26 administer programs under this section. Any proceeds in excess of
9-27 the amount needed to offset the expenses shall be <remitted by the
10-1 commission to the comptroller of public accounts, to be> deposited
10-2 in a special fund to be used solely for the provision of services,
10-3 programs, and facilities as provided by Section 11(g), Article
10-4 42.13, of this code <the general revenue fund>.
10-5 SECTION 12. Section 17(e), Article 42.12, Code of Criminal
10-6 Procedure, is amended to read as follows:
10-7 (e) A sheriff, employee of a sheriff's department, county
10-8 commissioner, county employee, county judge, employee of a
10-9 community corrections and supervision department, restitution
10-10 center, or court-approved nonprofit agency, or officer or employee
10-11 of a political subdivision other than a county is not liable for
10-12 damages arising from an act or failure to act in connection with
10-13 community service performed by an inmate pursuant to this article
10-14 if the act or failure to act:
10-15 (1) was performed pursuant to court order; and
10-16 (2) was not intentional, wilfully or wantonly
10-17 negligent, or performed with conscious indifference or reckless
10-18 disregard for the safety of others.
10-19 SECTION 13. Section 19(b), Article 42.12, Code of Criminal
10-20 Procedure, is amended to read as follows:
10-21 (b) If a judge places a defendant on probation under any
10-22 provision of this article as an alternative to imprisonment, the
10-23 judge may require as a condition of probation that the defendant
10-24 serve a term of not less than one month or more than 24 months in a
10-25 community corrections facility designated by the judge if:
10-26 (1) the district is served by such a community
10-27 corrections facility or contracts with a department that agrees to
11-1 provide spaces in its community corrections facility of that type;
11-2 and
11-3 (2) the judge <trier of facts> determines that the
11-4 defendant is physically and mentally capable of participating in a
11-5 program that requires strenuous physical activity, if the facility
11-6 requires that activity <did not cause the serious bodily injury or
11-7 death of another as a result of the commission of the offense or
11-8 use a deadly weapon during the commission of or flight from the
11-9 offense>.
11-10 SECTION 14. Sections 25(b) and (d), Article 42.12, Code of
11-11 Criminal Procedure, are amended to read as follows:
11-12 (b) A court may impose a sanction on a probationer described
11-13 by Subsection (a)(2) of this section by extending the period of
11-14 probation for a period not to exceed one year. A court may extend
11-15 a period of probation under this section at any time during the
11-16 period of probation or, if a motion to revoke probation is filed
11-17 before probation ends, before the first anniversary of the
11-18 expiration of the period of probation. The total period of
11-19 probation, including any extensions under this subsection, may not
11-20 exceed 10 years.
11-21 (d) If a court continues or modifies a misdemeanor probation
11-22 after determining that the probationer violated a condition of
11-23 probation, the court may <extend the probationer's period of
11-24 probation or increase the probationer's fine>, in the same manner
11-25 under Subsections (a), (b), and (c) of this section, impose
11-26 sanctions on the probationer as if the probationer were a felony
11-27 probationer, except that the total period of probation, including
12-1 any extensions imposed under this subsection, may not exceed three
12-2 years.
12-3 SECTION 15. Section 26(b), Article 42.12, Code of Criminal
12-4 Procedure, is amended to read as follows:
12-5 (b) No part of the time that the defendant is on probation
12-6 shall be considered as any part of the time that he shall be
12-7 sentenced to serve<, except for time spent by the defendant in
12-8 actual confinement as a condition of probation under Section 12 or
12-9 13 of this article>. The right of the probationer to appeal to the
12-10 Court of Appeals for a review of the trial and conviction, as
12-11 provided by law, shall be accorded the probationer at the time he
12-12 is placed on probation. When he is notified that his probation is
12-13 revoked for violation of the conditions of probation and he is
12-14 called on to serve a sentence in a jail or in the institutional
12-15 division of the Texas Department of Criminal Justice <an
12-16 institution operated by the Department of Corrections>, he may
12-17 appeal the revocation.
12-18 SECTION 16. Section 1(a), Article 42.13, Code of Criminal
12-19 Procedure, is amended to read as follows:
12-20 (a) The purpose of this article is to:
12-21 (1) allow localities to increase their involvement and
12-22 responsibility in developing sentencing programs that provide
12-23 effective sanctions for <felony> offenders;
12-24 (2) provide increased opportunities for <felony>
12-25 offenders to make restitution to victims of crime through financial
12-26 reimbursement or community service;
12-27 (3) provide increased use of community penalties
13-1 designed specifically to meet local needs; and
13-2 (4) promote efficiency and economy in the delivery of
13-3 community-based correctional programs consistent with the
13-4 objectives defined by Section 1.02, Penal Code.
13-5 SECTION 17. Section 2(b), Article 42.13, Code of Criminal
13-6 Procedure, is amended to read as follows:
13-7 (b) In establishing standards relating to the operation of
13-8 departments, the division shall consider guidelines <previously>
13-9 developed and presented by the advisory committee on probation
13-10 department management to the judicial advisory council of the
13-11 division <Texas Adult Probation Commission>.
13-12 SECTION 18. Sections 5(a) and (b), Article 42.13, Code of
13-13 Criminal Procedure, are amended to read as follows:
13-14 (a) In order to establish and maintain community corrections
13-15 facilities, the division may:
13-16 (1) develop standards for the physical plant and
13-17 operation of community corrections facilities and standards for the
13-18 programs offered by those facilities;
13-19 (2) fund division-managed community corrections
13-20 facilities if local contractors are not available or do not meet
13-21 the standards established by the division;
13-22 (3) fund contracts for management of community
13-23 corrections facilities;
13-24 (4) provide funds to departments for the renovation of
13-25 leased or donated buildings for use as community corrections
13-26 facilities;
13-27 (5) accept ownership of real property pursuant to an
14-1 agreement under which the division agrees to construct a community
14-2 corrections facility and offer the facility for lease;
14-3 (6) allow departments, counties, or municipalities to
14-4 accept and use buildings provided by units of local governments,
14-5 including rural hospital districts, for use as community
14-6 corrections facilities;
14-7 (7) provide funds to departments, counties, or
14-8 municipalities to lease, purchase, or construct buildings or to
14-9 lease or purchase<,> land<,> or other real property for use as
14-10 community corrections facilities, lease or purchase equipment
14-11 necessary for the operation of facilities, and pay other costs as
14-12 necessary for the management and operation of facilities;
14-13 (8) require that all community corrections facilities
14-14 be in compliance with state and local safety laws;
14-15 (9) develop standards for disciplinary rules to be
14-16 imposed on residents of community corrections facilities;
14-17 (10) require departments to provide data requested by
14-18 the division;
14-19 (11) be a party to a contract for correctional
14-20 services or approve a contract for those services if the state, on
14-21 a biennial appropriations basis, commits to fund a portion of the
14-22 contract; and
14-23 (12) develop standards for the granting of emergency
14-24 furloughs for residents confined in community corrections
14-25 facilities.
14-26 (b) Minimum standards for community corrections facilities
14-27 must include requirements that a facility:
15-1 (1) provide levels of security appropriate for the
15-2 population served by the facility, including as a minimum a
15-3 monitored and structured environment in which a resident's interior
15-4 and exterior movements and activities can be supervised by specific
15-5 destination and time; and
15-6 (2) accept only those residents who are physically and
15-7 mentally capable of participating in any program offered at the
15-8 facility that requires strenuous physical activity, if
15-9 participation in the program is required of all residents of the
15-10 facility.
15-11 SECTION 19. Sections 7(d), (f), (g), and (h), Article 42.13,
15-12 Code of Criminal Procedure, are amended to read as follows:
15-13 (d) The division may extend the period for the coursework
15-14 and examination requirements for an officer under Subsection (b) or
15-15 (f) of this section for an additional period not to exceed one year
15-16 because:
15-17 (1) of a need by the department to increase hiring to
15-18 reduce caseloads to a level necessary to receive full state aid; or
15-19 (2) an extenuating circumstance, as determined by the
15-20 division director, prevents the officer from completing the
15-21 coursework and examination within the required period <for officers
15-22 employed by a department that during the initial one-year period
15-23 increases hiring in order to reduce caseloads as required by law as
15-24 a condition to full state funding>.
15-25 (f) A department may not continue to employ a residential
15-26 officer unless the officer successfully completes the coursework
15-27 and examination requirement under this section before the first
16-1 anniversary of the date on which the officer begins the officer's
16-2 initial assignment to a residential facility <employment with the
16-3 department. The division shall make the first certification
16-4 coursework and examination required by this subsection available
16-5 not later than September 1, 1990. A residential officer employed
16-6 by a department before September 1, 1990, is not required to
16-7 successfully complete the examination before the first anniversary
16-8 of the date the division makes the first examination available>.
16-9 (g) The division may revoke or suspend a certification or
16-10 reprimand a certified officer for a violation of <this article or>
16-11 a rule of the Texas Board of Criminal Justice.
16-12 (h) If the division proposes to suspend or revoke an
16-13 officer's certification under this article, the person is entitled
16-14 to a hearing before the division or a hearings examiner appointed
16-15 by the division. The division shall adopt procedures by which
16-16 decisions to suspend are made by or are appealable to the division
16-17 <commission>.
16-18 SECTION 20. Section 11(b), Article 42.13, Code of Criminal
16-19 Procedure, is amended to read as follows:
16-20 (b) The division may use discretionary grant funds to
16-21 further the purposes of this chapter by contracting for services
16-22 with state agencies or nonprofit organizations. The division may
16-23 also make discretionary grants to departments, municipalities, or
16-24 counties for the following purposes:
16-25 (1) development of pretrial and presentencing
16-26 services;
16-27 (2) electronic monitoring programs, surveillance
17-1 probation programs, and controlled substances testing programs;
17-2 (3) research projects to evaluate the effectiveness of
17-3 community corrections programs, if the research is conducted in
17-4 cooperation with the Criminal Justice Policy Council;
17-5 (4) contract services for felony probationers;
17-6 (5) residential services for misdemeanor probationers
17-7 who exhibit levels of risk or needs indicating a need for
17-8 confinement and treatment, as described by Subsection (d) of this
17-9 section;
17-10 (6) establishment or operation of <county correctional
17-11 centers under Subchapter H, Chapter 351, Local Government Code, or>
17-12 community corrections facilities for which the division has
17-13 established standards under Section 5 of this article, subject to
17-14 payment methods established under Subsection (e) of this section;
17-15 and
17-16 (7) other purposes determined appropriate by the
17-17 division and approved by the board.
17-18 SECTION 21. Section 3(a), Article 42.131, Code of Criminal
17-19 Procedure, is amended to read as follows:
17-20 (a) A <Subject to Subsection (b) of this section, a>
17-21 department, county, municipality, or any combination involving more
17-22 than one of those entities may establish community corrections
17-23 facilities of the types described by Section 5, Article 42.13, of
17-24 this code. A department, county, municipality, or combination
17-25 involving more than one of those entities is specifically
17-26 encouraged to purchase or enter into contracts for the use of
17-27 abandoned or underutilized public facilities, such as rural
18-1 hospitals, for the purpose of providing treatment facilities. The
18-2 division may make grants to departments that use abandoned or
18-3 underutilized facilities described by this subsection. A
18-4 department may hold title to and own real property.
18-5 SECTION 22. Section 4, Article 42.131, Code of Criminal
18-6 Procedure, is amended to read as follows:
18-7 Sec. 4. Department Director. The district judge or judges
18-8 shall appoint a department director who must meet, at a minimum,
18-9 the eligibility requirements for officers established under Section
18-10 5 of this article. The department director shall employ a
18-11 sufficient number of officers and other employees to perform the
18-12 professional and clerical work of the department.
18-13 SECTION 23. Sections 6(a) and (c), Article 42.131, Code of
18-14 Criminal Procedure, are amended to read as follows:
18-15 (a) Except as provided by Subsection (c) of this section,
18-16 department employees are not state employees. The department shall
18-17 contract with the most populous county served by the department for
18-18 insurance and retirement plans, and the employees are governed by
18-19 personnel policies and benefits equal to or more favorable to
18-20 employees than <the same> personnel policies for and benefits of
18-21 other <as the> employees of that county.
18-22 (c) Department employees are state employees for the
18-23 purposes of Chapter 104, Civil Practice and Remedies Code, and
18-24 Article 8309g, Revised Statutes. A department is a governmental
18-25 unit for the purposes of Section 101.103(a), Civil Practice and
18-26 Remedies Code.
18-27 SECTION 24. Section 9(b), Article 42.131, Code of Criminal
19-1 Procedure, is amended to read as follows:
19-2 (b) The division shall set as the level of contribution a
19-3 county or counties must meet or exceed to receive district funds
19-4 under Subsection (a) of this section a level not lower than the
19-5 average level provided by the county or counties during the fiscal
19-6 year in which the funds are to be received and the four fiscal
19-7 years immediately preceding that year <fiscal years of 1983-87>.
19-8 SECTION 25. Section 11, Article 42.131, Code of Criminal
19-9 Procedure, is amended by amending Subsection (a) and adding
19-10 Subsections (c)-(g) to read as follows:
19-11 (a) The department may operate programs for the supervision
19-12 and rehabilitation of persons in deferred prosecution programs,
19-13 pretrial intervention programs, pretrial bonding programs, and
19-14 programs providing supervised release for persons on conditional
19-15 bond. Programs may include testing for controlled substances.
19-16 Persons in <pretrial intervention> programs described by this
19-17 subsection may be supervised and made subject to the conditions
19-18 under Section 11, Article 42.12, of this code for a period not to
19-19 exceed one year, except as otherwise provided by law.
19-20 (c) An attorney representing the state may enter into an
19-21 agreement with a defendant who has been arrested for a criminal
19-22 offense but not charged with the offense to defer prosecution,
19-23 unless the defendant is charged with an offense listed in Section
19-24 3g(a)(1), Article 42.12, of this code.
19-25 (d) The agreement shall specify that:
19-26 (1) the attorney representing the state shall provide
19-27 the defendant with a rehabilitation plan with specific conditions;
20-1 (2) the duration of the rehabilitation plan will not
20-2 exceed one year, except as provided by Subsection (e) of this
20-3 section;
20-4 (3) the defendant will submit to the supervision of
20-5 the local community supervision and corrections department to
20-6 ensure completion of the rehabilitation plan;
20-7 (4) the defendant will pay reasonable costs for any
20-8 programs required in the rehabilitation plan;
20-9 (5) failure of the defendant to complete in a timely
20-10 manner the rehabilitation plan will result in the prosecution of
20-11 the defendant for the offense for which the defendant was arrested;
20-12 (6) the attorney representing the state may not file
20-13 charges on the offense for which the defendant was arrested during
20-14 any period in which the defendant is making a good faith effort to
20-15 complete the rehabilitation plan and will move to dismiss the
20-16 charges under Article 32.02 of this code not later than the 30th
20-17 day after the date on which the defendant successfully completes
20-18 the plan; and
20-19 (7) the defendant waives the right to a speedy trial.
20-20 (e) The attorney representing the state may extend the
20-21 period in which the defendant is required to complete the
20-22 rehabilitation plan, for a period not to exceed one year, if the
20-23 defendant has not:
20-24 (1) paid restitution or other fees specified in the
20-25 rehabilitation plan;
20-26 (2) successfully completed any programs specified in
20-27 the rehabilitation plan; or
21-1 (3) violated conditions specified in the
21-2 rehabilitation plan.
21-3 (f) The attorney representing the state may not enter into
21-4 an agreement with a defendant to defer prosecution under this
21-5 section unless the community supervision and corrections department
21-6 has an agreement with the attorney to supervise defendants under
21-7 this section.
21-8 (g) The statute of limitations is tolled for any offense for
21-9 the period during which prosecution is deferred under this section.
21-10 SECTION 26. (a) Article 102.012, Code of Criminal
21-11 Procedure, is amended to read as follows:
21-12 Art. 102.012. FEES FOR PRETRIAL <INTERVENTION> PROGRAMS. A
21-13 person in a pretrial intervention program, deferred prosecution
21-14 program, pretrial bonding program, or program providing supervised
21-15 release for persons on conditional bond established under Section
21-16 11, Article 42.131 of this code, may be assessed fees <a fee> that
21-17 equal <equals> the actual cost to a community supervision and
21-18 corrections department, not to exceed $500, for supervision of the
21-19 defendant by the department or programs provided to the defendant
21-20 by the department as part of the pretrial intervention program and
21-21 may be assessed a fee not to exceed $300, which the department
21-22 shall deposit in the general revenue fund of the county.
21-23 (b) The change in law made by Subsection (a) of this section
21-24 to Article 102.012, Code of Criminal Procedure, applies only to a
21-25 fee imposed for a service provided on or after the effective date
21-26 of this Act.
21-27 SECTION 27. Section 2(a), Article 42.03, Code of Criminal
22-1 Procedure, is amended to read as follows:
22-2 (a) In all criminal cases the judge of the court in which
22-3 the defendant was convicted shall give the defendant credit on his
22-4 sentence <or period of confinement served as a condition of
22-5 probation> for the time that the defendant has spent in jail in
22-6 said cause, from the time of his arrest and confinement until his
22-7 sentence by the trial court, except for confinement ordered as a
22-8 condition of probation under Section 12 or Section 25(a)(6) or (8),
22-9 Article 42.12, of this code.
22-10 SECTION 28. The following provisions of Article 42.12, Code
22-11 of Criminal Procedure, are repealed:
22-12 (1) Section 10(j-3), as added by Chapter 1135, Acts of
22-13 the 71st Legislature, Regular Session, 1989;
22-14 (2) Section 10A, as amended by Chapter 679, Acts of
22-15 the 71st Legislature, Regular Session, 1989;
22-16 (3) Section 10B, as added by Chapter 1074, Acts of the
22-17 71st Legislature, Regular Session, 1989; and
22-18 (4) Section 19(c).
22-19 SECTION 29. This Act takes effect September 1, 1993.
22-20 SECTION 30. The importance of this legislation and the
22-21 crowded condition of the calendars in both houses create an
22-22 emergency and an imperative public necessity that the
22-23 constitutional rule requiring bills to be read on three several
22-24 days in each house be suspended, and this rule is hereby suspended.