LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 2, 2001
  
  
          TO:  Honorable Senfronia Thompson, Chair, House Committee on
               Judicial Affairs
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB1287  by Thompson (Relating to the authority of the
               commissioners court of a county to establish a drug court
               program.), As Introduced
  
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*  No fiscal implication to the State is anticipated.                    *
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Local Government Impact
  
The bill would authorize county commissioners courts to establish a drug
court program for certain offenders which must be certified by the Office
of Justice Programs of the United States Department of Justice not later
than 18 months after establishment. The bill would allow the court to
collect from program participants a monthly appearance fee of $25 and
fees for urinalysis testing and counseling in an amount to cover costs
for the testing and counseling.

The Texas Drug Court Association (TDCA) provided information on the local
fiscal impact of the proposed program.  There are currently three drug
court programs operating in the state using various funding methods, with
two other counties planning to seek funding to initiate a program.  The
first such program in Texas was begun in Jefferson County in 1993 with
federal grant funds.  That program continues to operate relying upon
several funding sources: state aid through the Texas Department of
Criminal Justice, County General Revenue Fund, a federal grant, and
payments by program participants.  Funding amounts and sources change
annually.  The budget for the Jefferson County Drug Intervention Court
was $485,575 in fiscal year 2000 and $526,011 in fiscal year 2001.  The
court projects a budget of $673,327 and $693,750 in fiscal years 2002 and
2003. The budget includes costs for court, intervention, eligibility
screening, prosecution, public defense, and enforcement.

The Montgomery County Court Assisted Rehabilitation Experience (C.A.R.E.)
drug court program was funded in fiscal year 2000, and continues to be
funded in fiscal year 2001, through a combination of grant monies from
the U.S. Department of Justice and payments from program participants.
The budget for court, intervention, and public defense totals $312,630
per year.  The anticipated budget for the next two fiscal years is
$347,000 per year.

The program in Dallas County operates using grants that will expire at
the end of the current fiscal year.

According to TDCA, the program provides savings to other areas of the
justice system, although the savings do not totally offset the costs. If
a defendant is screened at the time of arrest and found to be eligible
for the drug court program, that defendant can be released on bond, with
the program as a condition of release. This results in reduced jail
time, saving an average of $37.40 per person per day. Assignment to the
program also reduces the need for, and therefore the expense of, a
court-appointed attorney, prosecutor time, court time, and overtime by
peace officers appearing for the court hearing.  TDCA indicates
participants usually remain in the drug court program 14 to 16 months,
as opposed to the cost of spending two years in a state jail facility or
five years on community supervision.
  
  
Source Agencies:   
LBB Staff:         JK, TB, DB