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.