77R9818 E By Thompson, Naishtat, Hinojosa, Allen, H.B. No. 1287 et al. Substitute the following for H.B. No. 1287: By Deshotel C.S.H.B. No. 1287 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the establishment of drug court programs and to a study 1-3 of drug court programs by the Criminal Justice Policy Council. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 6, Health and Safety Code, is 1-6 amended by adding Chapter 469 to read as follows: 1-7 CHAPTER 469. DRUG COURT PROGRAMS 1-8 Sec. 469.001. DRUG COURT PROGRAM DEFINED. In this chapter, 1-9 "drug court program" means a program that has the following 1-10 essential characteristics: 1-11 (1) the integration of alcohol and other drug 1-12 treatment services in the processing of cases in the judicial 1-13 system; 1-14 (2) the use of a nonadversarial approach involving 1-15 prosecutors and defense attorneys to promote public safety and to 1-16 protect the due process rights of program participants; 1-17 (3) early identification and prompt placement of 1-18 eligible participants in the program; 1-19 (4) access to a continuum of alcohol, drug, and other 1-20 related treatment and rehabilitative services; 1-21 (5) monitoring of abstinence through weekly alcohol 1-22 and other drug testing; 1-23 (6) a coordinated strategy to govern program responses 1-24 to participants' compliance; 2-1 (7) ongoing judicial interaction with program 2-2 participants; 2-3 (8) monitoring and evaluation of program goals and 2-4 effectiveness; 2-5 (9) continuing interdisciplinary education to promote 2-6 effective program planning, implementation, and operations; and 2-7 (10) development of partnerships with public agencies 2-8 and community organizations. 2-9 Sec. 469.002. AUTHORITY TO ESTABLISH PROGRAM. The 2-10 commissioners court of a county may establish a drug court program 2-11 for persons arrested for, charged with, or convicted of: 2-12 (1) an offense in which an element of the offense is 2-13 the use or possession of alcohol or the use, possession, or sale of 2-14 a controlled substance, a controlled substance analogue, or 2-15 marihuana; or 2-16 (2) an offense in which the use of alcohol or a 2-17 controlled substance is suspected to have significantly contributed 2-18 to the commission of the offense if: 2-19 (A) the offense did not involve carrying, 2-20 possessing, or using a firearm or other dangerous weapon; or 2-21 (B) the offense did not involve the use of force 2-22 against the person of another; or 2-23 (C) the offense did not involve the death of or 2-24 serious bodily injury to any person. 2-25 Sec. 469.003. PROGRAM GUIDELINES AND OVERSIGHT. (a) A drug 2-26 court program established under Section 469.002 must include the 10 2-27 key components of a drug court as defined by the Office of Justice 3-1 Programs of the United States Department of Justice. 3-2 (b) The criminal justice division of the office of the 3-3 governor shall have oversight authority over the operations, 3-4 management, and financial practices of drug court programs 3-5 established under Section 469.002. The criminal justice division 3-6 of the office of the governor may establish rules for this purpose. 3-7 (c) The lieutenant governor and the speaker of the house may 3-8 assign oversight functions over drug court programs established 3-9 under Section 469.002 to appropriate legislative committees. 3-10 (d) A legislative committee or the governor may request that 3-11 the state auditor perform a management, operations, or financial or 3-12 accounting audit of any drug court program established under 3-13 Section 469.002. 3-14 Sec. 469.004. FEES. (a) A drug court program may collect 3-15 from a participant in a drug court program established under 3-16 Section 469.002: 3-17 (1) a reasonable program fee not to exceed $1,000, 3-18 which may be paid on a periodic basis or on a deferred payment 3-19 schedule at the discretion of the judge, magistrate, or program 3-20 director administering the program; and 3-21 (2) a urinalysis testing and counseling fee: 3-22 (A) based on the participant's ability to pay; 3-23 and 3-24 (B) in an amount necessary to cover the costs of 3-25 the testing and counseling. 3-26 (b) A drug court program may require a participant to pay 3-27 all treatment costs incurred while participating in the program, 4-1 based on the participant's ability to pay. 4-2 (c) A county with a drug court program authorized by Section 4-3 469.002 may collect a one-time $10 community supervision fee for 4-4 the support of drug court programs from all persons assigned to 4-5 community supervision for a drug or alcohol related offense. The 4-6 community supervision fee shall be deposited in the county general 4-7 revenue fund for the use by and support of county drug court 4-8 programs authorized by Section 469.002. 4-9 Sec. 469.005. CRIMINAL JUSTICE POLICY STUDY. (a) The 4-10 Criminal Justice Policy Council shall conduct a study of drug court 4-11 programs in Texas and issue a report not later than January 15, 4-12 2003, to the speaker of the house, the lieutenant governor, the 4-13 House Appropriations Committee, the Senate Finance Committee, the 4-14 House Committee on Judicial Affairs, the Senate Committee on 4-15 Jurisprudence, the House Committee on Criminal Jurisprudence, and 4-16 the Senate Committee on Criminal Justice. 4-17 (b) The report shall examine the effectiveness of presently 4-18 operating drug court programs and make recommendations regarding 4-19 potential expansion and improvements. 4-20 (c) This section expires on June 1, 2003. 4-21 Sec. 469.006. COUNTY DRUG COURT PROGRAMS. (a) Not later 4-22 than September 1, 2002, the county commissioners court in a county 4-23 with a population exceeding 383,000 residents, according to the 4-24 1990 United States Census, shall authorize a drug court program 4-25 that complies with this chapter. 4-26 (b) A drug court program established under this section 4-27 shall have at least 100 participants within the first four months 5-1 of operation. 5-2 (c) A county that fails to implement this section shall be 5-3 ineligible for state supplements under the professional 5-4 prosecutor's law (Chapter 46, Government Code) or for any state 5-5 grants administered by the criminal justice division of the office 5-6 of the governor during the third and fourth quarters of fiscal year 5-7 2003. 5-8 SECTION 2. This Act takes effect September 1, 2001.