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.