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.