HBA-JLV, BSM, MSH C.S.H.B. 1287 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1287 By: Thompson Judicial Affairs 3/20/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The goal of drug court programs is to keep substance abuse offenders out of state jails and prisons and offer comprehensive rehabilitative services. The first drug court program was established in Miami-Dade County in 1989, and since then hundreds of drug courts have been established around the country. According to some studies, the recidivism rate for drug court graduates is lower than for offenders placed on parole or probation, or in prison. C.S.H.B. 1287 authorizes the commissioners court of a county to establish drug court programs. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the criminal justice division of the office of the governor in SECTION 1 (Section 469.003, Health and Safety Code) of this bill. ANALYSIS C.S.H.B. 1287 amends the Health and Safety Code to authorize a county commissioners court to establish a drug court program (program) for persons arrested for, charged with, or convicted of: _ an offense in which an element of the offense is the use or possession of alcohol or the use, possession, or sale of a controlled substance, a controlled substance analogue, or marihuana; or _an offense in which controlled substance or alcohol use contributed significantly to the commission of the offense if the offense did not involve carrying, possessing, or using a firearm or other dangerous weapon; the offense did not involve the use of force against the person of another; or the offense did not involve the death or serious bodily injury to any person. A program must include the 10 key components of a drug court as defined by the Office of Justice Programs of the United States Department of Justice. The bill requires the criminal justice division of the office of the governor (division) to have oversight authority over the operations, management, and financial practices of the program. The bill authorizes the division to establish rules for this purpose. The bill authorizes the lieutenant governor and the speaker of the house to assign oversight functions over the programs to appropriate legislative committees. The bill authorizes a legislative committee or the governor to request that the state auditor perform a management, operations, or financial or accounting audit of any program. The bill authorizes a program to collect a program fee not to exceed $1,000. The bill provides that a participant may also be required to pay treatment costs and other fees, including a one-time $10 fee for the support of drug court programs from all persons assigned to community supervision for a drug or alcohol related offense. The bill requires the Criminal Justice Policy Council to conduct a study of programs in Texas and issue a report examining the effectiveness of presently operating programs and making recommendations regarding potential expansion and improvements not later than January 15, 2003, to the speaker of the house, the lieutenant governor, the House Appropriations Committee, the Senate Finance Committee, the House Committee on Judicial Affairs, the Senate Committee on Jurisprudence, the House Committee on Criminal Jurisprudence, and the Senate Committee on Criminal Justice. The bill provides for the expiration of these provisions on June 1, 2003. The bill requires a county with a population exceeding 383,800 residents, according to the 1990 United States Census, to establish a drug court program. A county which fails to implement the above provision is not eligible for state supplements under the professional prosecutor's law or for any state grants of the governor during the third and fourth quarters of fiscal year 2003. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1287 modifies the original to specify the types of violent offenses that make a person ineligible for the program. The substitute sets forth additional guidelines for the program, assigns oversight authority over the programs, and establishes rulemaking authority. The substitute specifies the types of fees that may be collected, which include a program fee and a $10 community supervision fee to support drug court programs. The substitute authorizes recovery of treatment costs. The substitute removes the authorization to collect a monthly appearance fee. The substitute adds the provisions relating to the study and report of the Criminal Justice Policy Council. The substitute adds that the county commissioners court in certain counties is required to establish the program not later than September 1, 2002 and specifies the number of participants in a program for the program to be established. The substitute sets forth consequences for failure to implement the program.