79R6541 PEP-F
By: Allen of Dallas H.B. No. 1920
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, Government Code, is amended by
amending Subsection (a) and adding Subsection (e) 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 progressive
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.
(e) The minimum standards established under Subsection
(a)(6) must include:
(1) an admonishment for the court to give the
defendant at the time of sentencing regarding the system of
progressive sanctions;
(2) a systematic approach to address violations
promptly in an effort to deter future violations;
(3) an incentive program for defendants who comply
with conditions of supervision that is reviewed and administered by
the court;
(4) a plan for reduced or increased supervision and
monitoring of the defendant based on the assessed needs and risks of
the defendant; and
(5) an evaluation of defendants who do not respond to
the system of progressive sanctions, but do not commit another
offense, so that they are subject to short-term incarceration in a
secure residential facility and on completion are eligible to be
discharged from supervision.
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.
(c) 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 [(d) 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. Section 3(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) A judge may increase the maximum period of community
supervision in the manner provided by Section 22[(c)] or 22A of this
article.
SECTION 6. Section 4(c), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(c) A judge may increase the maximum period of community
supervision in the manner provided by Section 22[(c)] or Section
22A of this article.
SECTION 7. Section 5(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) Except as provided by Subsection (d) of this section,
when in the judge's opinion the best interest of society and the
defendant will be served, the judge may, after receiving a plea of
guilty or plea of nolo contendere, hearing the evidence, and
finding that it substantiates the defendant's guilt, defer further
proceedings without entering an adjudication of guilt, and place
the defendant on community supervision. A judge may place on
community supervision under this section a defendant charged with
an offense under Section 21.11, 22.011, or 22.021, Penal Code,
regardless of the age of the victim, or a defendant charged with a
felony described by Section 13B(b) of this article, only if the
judge makes a finding in open court that placing the defendant on
community supervision is in the best interest of the victim. The
failure of the judge to find that deferred adjudication is in the
best interest of the victim is not grounds for the defendant to set
aside the plea, deferred adjudication, or any subsequent conviction
or sentence. After placing the defendant on community supervision
under this section, the judge shall inform the defendant orally or
in writing of the possible consequences under Subsection (b) of
this section of a violation of community supervision. If the
information is provided orally, the judge must record and maintain
the judge's statement to the defendant. The failure of a judge to
inform a defendant of possible consequences under Subsection (b) of
this section is not a ground for reversal unless the defendant shows
that he was harmed by the failure of the judge to provide the
information. In a felony case, the period of community supervision
may not exceed 10 years. For a defendant charged with a felony
under Section 21.11, 22.011, or 22.021, Penal Code, regardless of
the age of the victim, and for a defendant charged with a felony
described by Section 13B(b) of this article, the period of
community supervision may not be less than five years. In a
misdemeanor case, the period of community supervision may not
exceed two years. A judge may increase the maximum period of
community supervision in the manner provided by Section 22[(c)] or
22A of this article. The judge may impose a fine applicable to the
offense and require any reasonable conditions of community
supervision, including mental health treatment under Section 11(d)
of this article, that a judge could impose on a defendant placed on
community supervision for a conviction that was probated and
suspended, including confinement. The provisions of Section 15 of
this article specifying whether a defendant convicted of a state
jail felony is to be confined in a county jail or state jail felony
facility and establishing the minimum and maximum terms of
confinement as a condition of community supervision apply in the
same manner to a defendant placed on community supervision after
pleading guilty or nolo contendere to a state jail felony. However,
upon written motion of the defendant requesting final adjudication
filed within 30 days after entering such plea and the deferment of
adjudication, the judge shall proceed to final adjudication as in
all other cases.
SECTION 8. Section 22A(c), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(c) A judge may extend a period of community supervision
under this section only once; however, the judge may extend a
period of community supervision for a defendant under both Section
22[(c)] and this section, and the prohibition in Section 22[(c)]
against a period of community supervision in a felony case
exceeding 10 years does not apply to a defendant for whom community
supervision is increased under this section or under both Section
22[(c)] and this section.
SECTION 9. (a) Not later than January 1, 2006, 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, 2006, 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 10. 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 11. This Act takes effect September 1, 2005.