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: