SRC-MWN C.S.H.B. 1287 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1287
77R15915 JMC-FBy: Thompson (Whitmire)
Criminal Justice
5/10/2001
Committee Report (Substituted)


DIGEST 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.
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

Rulemaking authority is expressly granted to the criminal justice division
of the office of the governor in SECTION 1 (Section 469.003, Health and
Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 6(B), Health and Safety Code, by adding Chapter
469, as follows: 

CHAPTER 469. DRUG COURT PROGRAMS

 Sec. 469.001. DRUG COURT PROGRAM DEFINED. Defines "drug court program."

Sec. 469.002. AUTHORITY TO ESTABLISH PROGRAM. Sets forth provisions
regarding the establishment of a drug court program for persons convicted
of certain offenses. 

Sec. 469.003. OVERSIGHT. Sets forth provisions regarding oversight of the
program. 

Sec. 469.004. FEES. Authorizes a drug court program to collect certain fees
from a participant in a drug court program. 

Sec. 469.005. CRIMINAL JUSTICE POLICY STUDY. Requires the Criminal Justice
Policy Council to conduct a study of certain issues and to issue the report
to certain persons not later than January 15, 2003. Provides that this
section expires on June 1, 2003. 

Sec. 469.006. PROGRAM IN CERTAIN COUNTIES MANDATORY. Sets forth provisions
requiring the authorization of county drug court programs in certain large
counties. 

Sec. 469.007. USE OF OTHER DRUG AND ALCOHOL AWARENESS PROGRAMS. Authorizes
certain persons to utilize awareness programs. 

SECTION 2. (a) Requires the commissioners court of a county to establish a
drug court program not later than September 1, 2002, except as provided by
Subsection (b). 

(b) Sets forth criteria regarding funding the county drug court program.
Provides that establishment of the program is optional if the county fails
to receive federal or state funding specifically for that purpose. 

 
SECTION 3. Effective date: September 1, 2001. 



SUMMARY OF COMMITTEE CHANGES

SECTION 1. Amends As Filed H.B. 1287, Title 6(B), Health and Safety Code.

Adds new proposed SECTION 2.

Renumbers SECTION 2 as SECTION 3.