By Barrientos S.B. No. 150
77R1987 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to supervision of defendants by community supervision and
1-3 corrections departments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 76.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 76.001. DEFINITIONS. In this chapter:
1-8 (1) "Basic supervision" means the essential level of
1-9 programs and services provided by a department to a medium or low
1-10 risk offender to deter future criminal activity, protect the
1-11 community, and rehabilitate the offender.
1-12 (2) "Board" means the Texas Board of Criminal Justice.
1-13 (3) [(2)] "Community supervision" has the meaning
1-14 assigned by Section 2, Article 42.12, Code of Criminal Procedure.
1-15 (4) [(3)] "Council" means a community justice council.
1-16 (5) [(4)] "Department" means a community supervision
1-17 and corrections department established under this chapter.
1-18 (6) [(5)] "Division" means the community justice
1-19 assistance division of the Texas Department of Criminal Justice.
1-20 (7) "Enhanced supervision" means programs and services
1-21 provided by a department to an offender that are in addition to
1-22 those provided by basic supervision and that are designed for the
1-23 supervision of high risk offenders.
1-24 SECTION 2. Chapter 76, Government Code, is amended by adding
2-1 Section 76.0011 to read as follows:
2-2 Sec. 76.0011. BASIC SUPERVISION. Basic supervision provided
2-3 by a department must incorporate a recognized criminogenic model in
2-4 the delivery of programs and services, and include:
2-5 (1) the administration of assessment instruments;
2-6 (2) preparation of presentence investigation and
2-7 violation reports;
2-8 (3) regular reporting to an officer who supervises
2-9 defendants;
2-10 (4) field and contact visits;
2-11 (5) drug screening and testing;
2-12 (6) electronic monitoring; and
2-13 (7) referrals to address risks and needs.
2-14 SECTION 3. Section 76.002(a), Government Code, is amended to
2-15 read as follows:
2-16 (a) The district judge or district judges trying criminal
2-17 cases in each judicial district shall:
2-18 (1) establish a community supervision and corrections
2-19 department; and
2-20 (2) employ district personnel as necessary to conduct
2-21 presentence investigations, provide basic and enhanced supervision,
2-22 [supervise and] rehabilitate defendants placed on community
2-23 supervision, enforce the conditions of community supervision, and
2-24 staff community corrections facilities.
2-25 SECTION 4. Section 509.003(a), Government Code, is amended to
2-26 read as follows:
2-27 (a) The division shall propose and the board shall adopt
3-1 reasonable rules establishing:
3-2 (1) minimum standards for programs, community
3-3 corrections facilities and other facilities, equipment, and other
3-4 aspects of the operation of departments;
3-5 (2) [a list and description of core services that
3-6 should be provided by each department;]
3-7 [(3)] methods for measuring the success of community
3-8 supervision and corrections programs, including methods for
3-9 measuring rates of diversion, program completion, and recidivism;
3-10 (3) [(4)] a format for community justice plans; and
3-11 (4) [(5)] minimum standards for the operation of
3-12 substance abuse facilities and programs funded through the
3-13 division.
3-14 SECTION 5. Section 509.011(a), Government Code, is amended to
3-15 read as follows:
3-16 (a) If the division determines that a department complies
3-17 with division standards and if the department or judges managing
3-18 the department have submitted a community justice plan under
3-19 Section 76.003 and the supporting information required by the
3-20 division and the division determines the plan and supporting
3-21 information are acceptable, the division shall prepare and submit
3-22 to the comptroller vouchers for payment to the department as
3-23 follows:
3-24 (1) for per capita funding, a per diem amount for each
3-25 [felony] defendant on community supervision directly supervised by
3-26 the department [pursuant to lawful authority];
3-27 (2) for per capita funding, a per diem amount for a
4-1 period not to exceed 182 days for each person not on community
4-2 supervision [defendant] supervised by the department pursuant to
4-3 lawful authority[, other than a felony defendant]; and
4-4 (3) for formula funding, an annual amount as computed
4-5 by multiplying a percentage determined by the allocation formula
4-6 established under Subsection (f) times the total amount provided in
4-7 the General Appropriations Act for payments under this subdivision.
4-8 SECTION 6. Section 5(b), Article 42.12, Code of Criminal
4-9 Procedure, is amended to read as follows:
4-10 (b)(1) On violation of a condition of community supervision
4-11 imposed under Subsection (a) of this section, the defendant may be
4-12 arrested and detained as provided in Section 21 of this article.
4-13 The defendant is entitled to a hearing limited to the determination
4-14 by the court of whether it proceeds with an adjudication of guilt
4-15 on the original charge. No appeal may be taken from this
4-16 determination. After an adjudication of guilt, all proceedings,
4-17 including assessment of punishment, pronouncement of sentence,
4-18 granting of community supervision, and defendant's appeal continue
4-19 as if the adjudication of guilt had not been deferred. A court
4-20 assessing punishment after an adjudication of guilt of a defendant
4-21 charged with a state jail felony may suspend the imposition of the
4-22 sentence and place the defendant on community supervision or may
4-23 order the sentence to be executed, regardless of whether the
4-24 defendant has previously been convicted of a felony.
4-25 (2) Before a hearing under this subsection for a
4-26 felony defendant charged with a violation other than the commission
4-27 of a criminal offense, the community supervision and corrections
5-1 department supervising the defendant shall prepare a violation
5-2 report. The report must contain a recommendation to the judge as
5-3 to whether the judge should punish the violation by a means other
5-4 than requiring that the defendant's sentence of imprisonment or
5-5 confinement in a state jail felony facility be imposed. If the
5-6 department recommends punishing the violation by imposition of
5-7 sentence of imprisonment or confinement, the report must state why
5-8 no alternative form of punishment is appropriate in the defendant's
5-9 case. The judge must consider the department report prepared under
5-10 this subdivision before punishing the defendant under this
5-11 subsection.
5-12 SECTION 7. Section 23, Article 42.12, Code of Criminal
5-13 Procedure, is amended by adding Subsection (c) to read as follows:
5-14 (c) Before a hearing under Section 21 for a felony defendant
5-15 charged with a violation of community supervision other than the
5-16 commission of a criminal offense, the community supervision and
5-17 corrections department supervising the defendant shall prepare a
5-18 violation report. The report must contain a recommendation to the
5-19 judge as to whether the judge should punish the violation by a
5-20 means other than requiring that the defendant's sentence of
5-21 imprisonment be imposed. If the department recommends punishing
5-22 the violation by imposition of sentence of imprisonment, the
5-23 report must state why no alternative form of punishment is
5-24 appropriate in the defendant's case. The judge must consider the
5-25 department report prepared under Section 21 before punishing the
5-26 defendant under this section.
5-27 SECTION 8. The change in law made by this Act to Sections 5
6-1 and 23, Article 42.12, Code of Criminal Procedure, applies only to
6-2 a community supervision revocation hearing commenced on or after
6-3 January 1, 2002. A revocation hearing commenced before that date
6-4 is covered by the law in effect when the hearing commenced, and the
6-5 former law is continued in effect for that purpose.
6-6 SECTION 9. This Act takes effect immediately if it receives
6-7 a vote of two-thirds of all the members elected to each house, as
6-8 provided by Section 39, Article III, Texas Constitution. If this
6-9 Act does not receive the vote necessary for immediate effect, this
6-10 Act takes effect September 1, 2001.