78R6913 GWK-D
By: Allen H.B. No. 1514
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of sanctions on defendants who violate
conditions of community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 509.003(a), Government Code, is amended
to read as follows:
(a) The division shall propose and the board shall adopt
reasonable rules establishing:
(1) minimum standards for programs, community
corrections facilities and other facilities, equipment, and other
aspects of the operation of departments;
(2) a list and description of core services that
should be provided by each department;
(3) methods for measuring the success of community
supervision and corrections programs, including methods for
measuring rates of diversion, program completion, and recidivism;
(4) a format for community justice plans; [and]
(5) minimum standards for the operation of substance
abuse facilities and programs funded through the division; and
(6) minimum standards for a system of sanctions for
defendants who violate conditions of community supervision based on
the severity of the behavior that violates a condition of community
supervision, the defendant's history of compliance with or
violation of conditions of community supervision, the offense for
which the defendant was placed on community supervision, public
safety, the availability of appropriate local sanctions, and the
availability of county jail beds or beds in facilities operated by
or for the Texas Department of Criminal Justice for defendants
whose release on community supervision is revoked.
SECTION 2. Section 509.007(b), Government Code, is amended
to read as follows:
(b) A community justice plan required under this section
must include:
(1) a statement of goals and priorities and of
commitment by the community justice council, the district judges
who manage the department, and the department to achieve a targeted
level of alternative sanctions, including a commitment to meet or
exceed the minimum standards established by the division for a
system of sanctions for defendants who violate conditions of
community supervision;
(2) a description of methods for measuring the success
of programs provided by the department or provided by an entity
served by the department; [and]
(3) a proposal for the use of state jail felony
facilities and, at the discretion of the community justice council,
a regional proposal for the construction, operation, maintenance,
or management of a state jail felony facility by a county, a
community supervision and corrections department, or a private
vendor under a contract with a county or a community supervision and
corrections department; and
(4) a system of sanctions, to be used by judges,
magistrates, and supervision officers for defendants who violate
conditions of community supervision, that meets the minimum
standards established by the division for a system of sanctions.
SECTION 3. Section 10, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (f) to read as follows:
(f) A judge, supervision officer, or magistrate who
modifies conditions of community supervision under this section
after a violation of a condition of community supervision shall
attempt to comply with the system of sanctions adopted as part of
the community justice plan for the community supervision and
corrections department supervising the defendant.
SECTION 4. Section 22, Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
Sec. 22. CONTINUATION OR MODIFICATION. (a) If after a
hearing under Section 21 of this article a judge continues or
modifies community supervision after determining that the
defendant violated a condition of community supervision, the judge
shall attempt to comply with the system of sanctions adopted as part
of the community justice plan for the community supervision and
corrections department supervising the defendant [may impose any
other conditions the judge determines are appropriate, including:
[(1) a requirement that the defendant perform
community service for a number of hours specified by the court under
Section 16 of this article, or an increase in the number of hours
that the defendant has previously been required to perform under
those sections in an amount not to exceed double the number of hours
permitted by Section 16;
[(2) an increase in the period of community
supervision, in the manner described by Subsection (b) of this
section;
[(3) an increase in the defendant's fine, in the manner
described by Subsection (d) of this section; or
[(4) the placement of the defendant in a substance
abuse felony punishment program operated under Section 493.009,
Government Code, if:
[(A) the defendant is convicted of a felony other
than:
[(i) a felony under Section 21.11, 22.011,
or 22.021, Penal Code; or
[(ii) criminal attempt of a felony under
Section 21.11, 22.011, or 22.021, Penal Code; and
[(B) the judge makes an affirmative finding that:
[(i) drug or alcohol abuse significantly
contributed to the commission of the crime or violation of
community supervision; and
[(ii) the defendant is a suitable candidate
for treatment, as determined by the suitability criteria
established by the Texas Board of Criminal Justice under Section
493.009(b), Government Code].
(b) If the community justice plan for the community
supervision and corrections department supervising the defendant
provides that the judge as a sanction for violation of a condition
of community supervision [judge imposes a sanction under Subsection
(a)(4) of this section, the judge shall also impose a condition
requiring the defendant on successful completion of the program to
participate in a drug or alcohol abuse continuum of care program.
[(c) The judge] may extend a period of community supervision
under this section, the judge may extend the period as often as the
judge determines is necessary, but the period of community
supervision in a first, second, or third degree felony case may not
exceed 10 years and, except as otherwise provided by this
subsection, the period of community supervision in a misdemeanor
case may not exceed three years. If provided in the community
justice plan, the [The] judge may extend the period of community
supervision in a misdemeanor case for any period the judge
determines is necessary, not to exceed an additional two years
beyond the three-year limit, if the defendant fails to pay a
previously assessed fine, costs, or restitution and the judge
determines that extending the period of supervision increases the
likelihood that the defendant will fully pay the fine, costs, or
restitution. A court may extend a period of community supervision
under this section at any time during the period of supervision or,
if a motion for revocation of community supervision is filed before
the period of supervision ends, before the first anniversary of the
date on which the period of supervision expires.
(d) If the community justice plan for the community
supervision and corrections department supervising the defendant
provides that the judge as a sanction for violation of a condition
of community supervision may increase [A judge may impose a
sanction on a defendant described by Subsection (a)(3) of this
section by increasing] the fine imposed on the defendant, the judge
may increase the fine, except that the [. The] original fine
imposed on the defendant and an increase in the fine imposed under
this subsection may not exceed the maximum fine for the offense for
which the defendant was sentenced. The judge shall deposit money
received from an increase in the defendant's fine under this
subsection in the special fund of the county treasury to be used for
the same purposes for which state aid may be used under Chapter 76,
Government Code.
SECTION 5. (a) Not later than January 1, 2004, the
community justice assistance division of the Texas Department of
Criminal Justice shall propose and the Texas Board of Criminal
Justice shall adopt minimum sanction standards required by Section
509.003(a), Government Code, as amended by this Act.
(b) Not later than June 1, 2004, a community justice council
shall submit to the community justice assistance division of the
Texas Department of Criminal Justice a revised community justice
plan that includes, as required by Section 509.007, Government
Code, as amended by this Act:
(1) a system of sanctions to be used by judges,
magistrates, and supervising officers in response to violations of
conditions of community supervision; and
(2) a commitment by the community justice council that
the system meet or exceed standards established by the division and
the board.
SECTION 6. Notwithstanding the amendment by this Act to
Section 22, Article 42.12, Code of Criminal Procedure, if a
community justice plan containing a system of sanctions described
by Section 5 of this Act has not been approved by the community
justice assistance division of the Texas Department of Criminal
Justice, a judge who on acceptance of the plan will be subject to
the plan may until the plan is accepted impose as a sanction for
violation of a condition of community supervision any sanction
described by Section 22, Article 42.12, Code of Criminal Procedure,
as that section existed immediately before the effective date of
this Act.
SECTION 7. This Act takes effect September 1, 2003.