By Lewis of Orange                                    H.B. No. 2358
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the formation of community justice councils and the
 1-3     preparation of community justice plans.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           Subsection (a), Section 76.003, Government Code, is amended
 1-6     to read as follows:
 1-7           Sec. 76.003.  COMMUNITY SUPERVISION AND CORRECTIONS
 1-8     DEPARTMENT REGIONAL PLANNING [JUSTICE COUNCIL] [(a)]  A department
 1-9     must demonstrate community involvement by participating in a local
1-10     or regional planning process [community justice council must be] as
1-11     established by the district judge or district judges in each
1-12     jurisdiction served by a department.  The district judge or
1-13     district judges shall designate a community corrections planning
1-14     process for the department.  The division shall be notified of the
1-15     community involvement and planning process established by the judge
1-16     or judges[, unless a board or council that was in existence on
1-17     September 1, 1991, is performing duties substantially similar to
1-18     those imposed on a community justice council under this section.
1-19     The council shall provide continuing policy guidance and direction
1-20     for the development of community justice plans and community
1-21     corrections facilities and programs].
1-22           Subsection (b), Section 76.003, Government Code, is amended
 2-1     by deleting it in its entirety.
 2-2           Subsection (c), Section 76.003, Government Code, is amended
 2-3     by deleting it in its entirety.
 2-4           Subsection (c), Section 76.010, Government Code, is amended
 2-5     to read as follows:
 2-6           (c)  the district judge or judges may authorize expenditures
 2-7     of funds provided by the division to the department for the
 2-8     purposes of providing facilities, equipment, and utilities for
 2-9     community corrections facilities or state jail felony facilities
2-10     if:
2-11                 (1)  the district judge or judges [community justice
2-12     council] recommends the expenditure; and
2-13                 (2)  the division, or the state jail division in the
2-14     case of a state jail felony facility, provides funds for the
2-15     purpose of assisting in the establishment or improvement of the
2-16     facilities.
2-17           Subsection (1), Section 509.001, Government Code, is amended
2-18     to read as follows:
2-19                 (1)  "Community corrections facility" means a physical
2-20     structure, established by a judicial district after authorization
2-21     of the establishment of the structure has been included in the
2-22     local community supervision and corrections department [justice]
2-23     plan, that is operated by a department or operated for a department
2-24     by an entity under contract with the department, for the purpose of
2-25     confining persons placed on community supervision and providing
2-26     services and programs to modify criminal behavior, deter criminal
 3-1     activity, protect the public, and restore victims of crime.  The
 3-2     term includes:
 3-3                       (A)  a restitution center;
 3-4                       (B)  a court residential treatment facility;
 3-5                       (C)  a substance abuse treatment facility;
 3-6                       (D)  a custody facility or boot camp;
 3-7                       (E)  a facility for an offender with a mental
 3-8     impairment, as defined by Section 614.001, Health and Safety Code;
 3-9     and
3-10                       (F)  an intermediate sanction facility.
3-11           Subsection (a), Section 509.003, Government Code, is amended
3-12     to read as follows:
3-13           (a)  The division shall propose and the board shall adopt
3-14     rules establishing:
3-15                 (1)  minimum standards for programs, community
3-16     corrections facilities and other facilities, equipment, and other
3-17     aspects of the operation of departments;
3-18                 (2)  a list and description of core services that
3-19     should be provided by each department;
3-20                 (3)  methods for measuring the success of community
3-21     supervision and corrections programs, including methods for
3-22     measuring rates of diversion, program completion, and recidivism;
3-23                 (4)  a format for community supervision and corrections
3-24     department [justice] plans; and
3-25                 (5)  minimum standards for the operation of substance
3-26     abuse facilities and programs funded through the division.
 4-1           Subsection (a), Section 509.004, Government Code, is amended
 4-2     to read as follows:
 4-3           (a)  The division shall require each department to:
 4-4                 (1)  keep financial and statistical records determined
 4-5     necessary by the division;
 4-6                 (2)  submit a community supervision and corrections
 4-7     department [justice] plan and all supporting information requested
 4-8     by the division;
 4-9                 (3)  present data requested by the division as
4-10     necessary to determine the amount of state aid for which the
4-11     department is eligible; and
4-12                 (4)  submit periodic financial audits and statistical
4-13     reports to the division [;]
4-14                 [(5)  submit periodic data to the division on the
4-15     required use of deep-lung breath analysis mechanisms to make
4-16     impractical the operation of a motor vehicle if ethyl alcohol is
4-17     detected in the breath of the operator, including the number of
4-18     devices in use, the number of violations detected, malfunctions by
4-19     the devices, and attempts to circumvent the devices; and]
4-20                 [(6)  submit the the Department of Public Safety the
4-21     full name, address, date of birth, social security number, and
4-22     driver's license number of each person restricted to the operation
4-23     of a motor vehicle equipped with a device that uses a deep-lung
4-24     breath analysis mechanism to make impractical the operation of the
4-25     motor vehicle if ethyl alcohol is detected in the breath of the
4-26     restricted operator].
 5-1           Section 509.007, Government Code, is amended to read as
 5-2     follows: (a)  The division shall require as a condition to payment
 5-3     of state aid to a department or county under Section 509.011 and
 5-4     eligibility for payment of costs under Section 499.124 that a
 5-5     community supervision and corrections department [justice] plan be
 5-6     submitted for review and approval by the division [department].
 5-7     The department [community justice council] shall submit the plan
 5-8     required by this subsection.  A [The] department [community justice
 5-9     council] may not submit a plan under this section unless the plan
5-10     is first approved by the district judges who manage the department
5-11     [served by the council].  The department [council] shall submit
5-12     modifications to the [a revised] plan to the division each
5-13     odd-numbered year by a date designated by the division.  However,
5-14     modifications to the [A] plan may be submitted [amended] at any
5-15     time for [with the] approval by [of] the division.
5-16           (b)  A community supervision and corrections department
5-17     [justice] plan required under this section must include:
5-18                 (1)  a statement of goals and priorities and of
5-19     commitment by the [community justice council, the] district judges
5-20     who manage the department[,] and the department to achieve a
5-21     targeted level of alternative sanctions;
5-22                 (2)  a description of methods for measuring the success
5-23     of programs provided by the department or provided by an entity
5-24     served by the department; and
5-25                 (3)  a proposal for the use of state jail felony
5-26     facilities and, at the discretion of [community justice council],
 6-1     the district judges, a regional proposal for the construction,
 6-2     operation, maintenance, or management of a state jail felony
 6-3     facility by a county, a community supervision and corrections
 6-4     department, or a private vendor under a contract with a county or a
 6-5     community supervision and corrections department.
 6-6           Section 509.011, Subsection (a), Government Code, is amended
 6-7     to read as follows:
 6-8           (a)  If the division determines that a department complies
 6-9     with division standards and if the department or judges managing
6-10     the department have submitted a community supervision and
6-11     corrections department [justice] plan under Section 76.003 and the
6-12     supporting information required by the division and the division
6-13     determines the plan and supporting information are acceptable, the
6-14     division shall prepare and submit to the comptroller vouchers for
6-15     payment to the department as follows: