By Thompson H.B. No. 1287
77R1930 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the commissioners court of a county to
1-3 establish a drug court program.
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 violence; or
2-20 (B) the person has not been previously arrested
2-21 for, charged with, or convicted of a criminal offense.
2-22 Sec. 469.003. CERTIFICATION REQUIREMENT. A drug court
2-23 program established under Section 469.002 must be certified by the
2-24 Office of Justice Programs of the United States Department of
2-25 Justice not later than 18 months after the program is established.
2-26 Sec. 469.004. FEES. A court may collect from a participant
2-27 in a drug court program established under Section 469.002:
3-1 (1) a monthly appearance fee of $25; and
3-2 (2) a urinalysis testing and counseling fee:
3-3 (A) based on the participant's ability to pay;
3-4 and
3-5 (B) in an amount necessary to cover the costs of
3-6 the testing and counseling.
3-7 SECTION 2. This Act takes effect September 1, 2001.