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.