1-1     By:  Thompson, et al. (Senate Sponsor - Whitmire)     H.B. No. 1287
 1-2           (In the Senate - Received from the House April 5, 2001;
 1-3     April 9, 2001, read first time and referred to Committee on
 1-4     Criminal Justice; May 10, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 6, Nays 0;
 1-6     May 10, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1287                By:  Whitmire
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the establishment of drug court programs and to a study
1-11     of drug court programs by the Criminal Justice Policy Council.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
1-14     amended by adding Chapter 469 to read as follows:
1-15                      CHAPTER 469.  DRUG COURT PROGRAMS
1-16           Sec. 469.001.  DRUG COURT PROGRAM DEFINED. In this chapter,
1-17     "drug court program" means a program that has the following
1-18     essential characteristics:
1-19                 (1)  the integration of alcohol and other drug
1-20     treatment services in the processing of cases in the judicial
1-21     system;
1-22                 (2)  the use of a nonadversarial approach involving
1-23     prosecutors and defense attorneys to promote public safety and to
1-24     protect the due process rights of program participants;
1-25                 (3)  early identification and prompt placement of
1-26     eligible participants in the program;
1-27                 (4)  access to a continuum of alcohol, drug, and other
1-28     related treatment and rehabilitative services;
1-29                 (5)  monitoring of abstinence through weekly alcohol
1-30     and other drug testing;
1-31                 (6)  a coordinated strategy to govern program responses
1-32     to participants' compliance;
1-33                 (7)  ongoing judicial interaction with program
1-34     participants;
1-35                 (8)  monitoring and evaluation of program goals and
1-36     effectiveness;
1-37                 (9)  continuing interdisciplinary education to promote
1-38     effective program planning, implementation, and operations; and
1-39                 (10)  development of partnerships with public agencies
1-40     and community organizations.
1-41           Sec. 469.002.  AUTHORITY TO ESTABLISH PROGRAM. Except as
1-42     provided by Section 469.006, the commissioners court of a county
1-43     may establish a drug court program for persons arrested for,
1-44     charged with, or convicted of:
1-45                 (1)  an offense in which an element of the offense is
1-46     the use or possession of alcohol or the use, possession, or sale of
1-47     a controlled substance, a controlled substance analogue, or
1-48     marihuana; or
1-49                 (2)  an offense in which the use of alcohol or a
1-50     controlled substance is suspected to have significantly contributed
1-51     to the commission of the offense and the offense did not involve:
1-52                       (A)  carrying, possessing, or using a firearm or
1-53     other dangerous weapon;
1-54                       (B)  the use of force against the person of
1-55     another; or
1-56                       (C)  the death of or serious bodily injury to
1-57     another.
1-58           Sec. 469.003.  OVERSIGHT. (a)  The lieutenant governor and
1-59     the speaker of the house of representatives may assign to
1-60     appropriate legislative committees duties relating to the oversight
1-61     of drug court programs established under Section 469.002.
1-62           (b)  A legislative committee or the governor may request the
1-63     state auditor to perform a management, operations, or financial or
1-64     accounting audit of a drug court program established under Section
 2-1     469.002.
 2-2           Sec. 469.004.  FEES. (a)  A drug court program established
 2-3     under Section 469.002 may collect from a participant in the
 2-4     program:
 2-5                 (1)  a reasonable program fee not to exceed $1,000,
 2-6     which may be paid on a periodic basis or on a deferred payment
 2-7     schedule at the discretion of the judge, magistrate, or program
 2-8     director administering the program; and
 2-9                 (2)  a urinalysis testing and counseling fee:
2-10                       (A)  based on the participant's ability to pay;
2-11     and
2-12                       (B)  in an amount necessary to cover the costs of
2-13     the testing and counseling.
2-14           (b)  A drug court program may require a participant to pay
2-15     all treatment costs incurred while participating in the program,
2-16     based on the participant's ability to pay.
2-17           Sec. 469.005.  CRIMINAL JUSTICE POLICY COUNCIL STUDY.
2-18     (a)  The Criminal Justice Policy Council shall conduct a study of
2-19     drug court programs in Texas and issue a report not later than
2-20     January 15, 2003, to the speaker of the house of representatives,
2-21     the lieutenant governor, the House Appropriations Committee, the
2-22     Senate Finance Committee, the House Committee on Judicial Affairs,
2-23     the Senate Committee on Jurisprudence, the House Committee on
2-24     Criminal Jurisprudence, and the Senate Committee on Criminal
2-25     Justice.
2-26           (b)  The report shall examine the effectiveness of presently
2-27     operating drug court programs and make recommendations regarding
2-28     potential expansion and improvements.
2-29           (c)  This section expires on June 1, 2003.
2-30           Sec. 469.006.  PROGRAM IN CERTAIN COUNTIES MANDATORY. (a)
2-31     The commissioners court of a county with a population of more than
2-32     550,000 shall establish a drug court program under Section 469.002.
2-33           (b)  A drug court program required under this section to be
2-34     established must have at least 100 participants during the first
2-35     four months in which the program is operating.
2-36           (c)  A county required under this section to establish a drug
2-37     court program shall apply to the federal government for any funds
2-38     available to pay the costs of the program.  The criminal justice
2-39     division of the governor's office may assist a county in applying
2-40     for federal funds as required by this subsection, including
2-41     providing financial assistance to the county.
2-42           (d)  A county that does not establish a drug court program as
2-43     required by this section is ineligible to receive from the state:
2-44                 (1)  funds for a community supervision and corrections
2-45     department; and
2-46                 (2)  grants administered by the criminal justice
2-47     division of the governor's office.
2-48           Sec. 469.007.  USE OF OTHER DRUG AND ALCOHOL AWARENESS
2-49     PROGRAMS.  In addition to using a drug court program established
2-50     under Section 469.002, the commissioners court of a county or a
2-51     court may use other drug awareness or drug and alcohol driving
2-52     awareness programs to treat persons convicted of drug or alcohol
2-53     related offenses.
2-54           SECTION 2. (a)  Except as provided by Subsection (b) of this
2-55     section, the commissioners court of a county shall establish a drug
2-56     court program as required by Section 469.006, Health and Safety
2-57     Code, as added by this Act, not later than September 1, 2002.
2-58           (b)  A county is required under Section 469.006, Health and
2-59     Safety Code, as added by this Act, to establish a drug court
2-60     program only if the county receives federal funding specifically
2-61     for that purpose or the legislature appropriates money specifically
2-62     for that purpose.  If the county does not receive federal funding
2-63     specifically for that purpose and the legislature does not
2-64     appropriate money specifically for that purpose, a county may, but
2-65     is not required to, establish a drug court program under Section
2-66     469.002, Health and Safety Code, as added by this Act, using other
2-67     money available for that purpose.
2-68           SECTION 3. This Act takes effect September 1, 2001.
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