BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1675

                                                                                                                                     By: Barrientos

                                                                                                                                   Criminal Justice

                                                                                                                                            4/22/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, a judge having jurisdiction in a Class A or Class B misdemeanor case may sentence a defendant who has been placed or continued on community supervision to a term in the county jail not to exceed thirty days.  However, many county jails have treatment programs that require attendance beyond those thirty days.  Defendants charged with misdemeanor offenses are normally the best candidates for such programs, but are unable to attend due to a relatively short length of stay allowable in county jail. Ensuring that an individual completes the treatment program will aid in reducing recidivism and guarantee successful reintegration of the defendant into the community.

 

S.B. 1675 intends to enhance the effectiveness of jail treatment programs by increasing the term of confinement a judge may impose on a defendant as a condition of community supervision from thirty days to not more than sixty days for a Class B misdemeanor and not more than ninety days for a Class A misdemeanor.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 12(a), Article 42.12, Code of Criminal Procedure, to prohibit the period of confinement authorized under this subsection from exceeding sixty, rather than thirty, days for a Class B misdemeanor or ninety days for a Class A misdemeanor.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2005.