By:  West                                             S.B. No. 1193
         2001S0608/1                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the joint interim committee on
 1-3     substance abuse and crime prevention to evaluate the potential
 1-4     benefits of drug treatment and counseling as an alternative to
 1-5     incarceration of nonviolent drug offenders.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  LEGISLATIVE FINDINGS.  (a)  The legislature finds
 1-8     that reducing the incidence of drug abuse is in the interest of the
 1-9     state and that the dependency problems of nonviolent drug-dependent
1-10     criminal offenders may be more effectively addressed through
1-11     court-supervised drug treatment and counseling programs than
1-12     through incarceration.
1-13           (b)  The legislature further finds that offering
1-14     court-supervised drug treatment and counseling programs to
1-15     nonviolent drug-dependent criminal offenders would increase the
1-16     availability of jail and prison cells for violent offenders and
1-17     drug dealers and that such reduction would further be in the
1-18     interest of the state.
1-19           SECTION 2.  JOINT INTERIM COMMITTEE ON SUBSTANCE ABUSE AND
1-20     CRIME PREVENTION.  (a)  In this section:
1-21                 (1)  "Committee" means the joint interim committee on
1-22     substance abuse and crime prevention.
1-23                 (2)  "Offender" means a nonviolent drug-dependent
1-24     criminal offender.
1-25           (b)  The joint interim committee on substance abuse and crime
 2-1     prevention is created to evaluate the potential benefits of
 2-2     treatment and counseling for offenders as an alternative to their
 2-3     incarceration.
 2-4           (c)  The lieutenant governor and speaker of the house of
 2-5     representatives shall each appoint four members to serve on the
 2-6     committee.
 2-7           (d)  The lieutenant governor shall appoint a member of the
 2-8     committee to serve as the presiding officer.
 2-9           (e)  The committee shall meet at the call of the presiding
2-10     officer.
2-11           (f)  The House Committees on Public Health and on Criminal
2-12     Jurisprudence and the Senate Committees on Health and Human
2-13     Services and on Jurisprudence shall provide administrative support,
2-14     including staff, to the committee.
2-15           (g)  The committee has the authority necessary to perform its
2-16     duties and in connection with those duties may call and hold
2-17     hearings and request the assistance of state agencies, departments,
2-18     or offices.
2-19           (h)  The committee shall:
2-20                 (1)  evaluate the potential benefits of establishing a
2-21     community-based and court-supervised substance abuse treatment
2-22     program as an alternative to incarceration for offenders.  In its
2-23     evaluation, the committee may consider the potential for such a
2-24     program to:
2-25                       (A)  increase the percentage of offenders in
2-26     recovery;
 3-1                       (B)  reduce the incidence of future crimes;
 3-2                       (C)  increase the availability of jails and
 3-3     prison cells to incarcerate violent criminals and drug dealers; and
 3-4                       (D)  improve the overall community welfare;
 3-5                 (2)  develop recommendations for administering the
 3-6     program, including drug testing and providing incentives for
 3-7     offenders to successfully complete the program; and
 3-8                 (3)  evaluate the success of similar programs in other
 3-9     states.
3-10           (i)  The committee shall report its findings and
3-11     recommendations to the lieutenant governor, the  speaker of the
3-12     house of representatives, and the 78th Legislature not later than
3-13     November 1, 2002.
3-14           SECTION 3.  EXPIRATION.  This Act expires and the committee
3-15     is abolished January 1, 2003.
3-16           SECTION 4.  EFFECTIVE DATE.  This Act takes effect September
3-17     1, 2001.