By: Nelson, Shapiro, Shapleigh S.B. No. 44

(In the Senate - Filed November 13, 2006; January 23, 2007, read first time and referred to Committee on Criminal Justice; March 26, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 4, Nays 0; March 26, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 44 By: Whitmire

A BILL TO BE ENTITLED

AN ACT

relating to the provision of intervention or counseling services to certain persons who have committed family violence and to a process for accrediting those services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 14, Article 42.12, Code of Criminal Procedure, as amended by Chapter 165, Acts of the 73rd Legislature, Regular Session, 1993, Chapter 910, Acts of the 76th Legislature, Regular Session, 1999, and Chapter 353, Acts of the 78th Legislature, Regular Session, 2003, is amended by amending Subsection (c) and adding Subsections (c-1) and (c-2) to read as follows:

(c) If the court grants community supervision to a person convicted of an offense involving family violence, as defined by Section 71.004, Family Code, the court may require the defendant [to attend], at the direction of the community supervision and corrections department officer, to:

(1) attend a battering intervention and prevention program as defined by Article 42.141;

(2) beginning on September 1, 2008, if the referral option under Subdivision (1) is not available, attend a program or counsel with a provider that has begun the accreditation process described by Subsection (c-1); or

(3) if the referral option under Subdivision (1) or, beginning on September 1, 2008, the referral option under Subdivision (2) is not available, attend counseling sessions for the elimination of violent behavior with a licensed counselor, social worker, or other professional who has completed:

(A) [been trained in] family violence intervention training that:

(i) is approved by the community justice assistance division of the Texas Department of Criminal Justice; and

(ii) consists of an initial 40 hours of training; and

(B) an annual 12 hours of continuing education approved [or to attend a battering intervention and prevention program if available that meets guidelines adopted] by the community justice assistance division of the Texas Department of Criminal Justice.

(c-1) Beginning on September 1, 2009, a program or provider serving as a referral option for the courts under Subsection (c)(1) or (2) must be accredited under Section 4A, Article 42.141, as conforming to program guidelines under that article.

(c-2) If the court requires the defendant to attend counseling or a program, the court shall require the defendant to begin attendance not later than the 60th day after the date the court grants community supervision, notify the community supervision and corrections department officer of the name, address, and phone number of the counselor or program, and report the defendant's attendance to the officer. The court shall require the defendant to pay all the reasonable costs of the counseling sessions or attendance in the program on a finding that the defendant is financially able to make payment. If the court finds the defendant is unable to make payment, the court shall make the counseling sessions or enrollment in the program available without cost to the defendant. The court may also require the defendant to pay all or a part of the reasonable costs incurred by the victim for counseling made necessary by the offense, on a finding that the defendant is financially able to make payment. The court may order the defendant to make payments under this subsection for a period not to exceed one year after the date on which the order is entered.

SECTION 2. Subdivision (7), Section 1, Article 42.141, Code of Criminal Procedure, is amended to read as follows:

(7) "Program" means a battering intervention and prevention program [operated by a nonprofit organization] that:

(A) meets:

(i) the guidelines adopted by the community justice assistance division of the Texas Department of Criminal Justice with the assistance of the statewide nonprofit organization described by Section 3(1); and

(ii) any other eligibility requirements adopted by the Texas Department of Criminal Justice; and

(B) provides, on a local basis to batterers referred by the courts for intervention [treatment], [treatment and] educational services and intervention designed to help the batterers stop their abusive behavior.

SECTION 3. Article 42.141, Code of Criminal Procedure, is amended by amending Sections 3 and 4 and adding Section 4A to read as follows:

Sec. 3. DUTIES OF THE DIVISION. The division shall:

(1) contract with a nonprofit organization that for the five-year period before the date on which a contract is to be signed has been involved in providing to shelter centers, law enforcement agencies, and the legal community statewide advocacy and technical assistance relating to family violence, with the contract requiring the nonprofit organization to perform the duties described in Section (4) of this article;

(2) seek the input of the statewide nonprofit organization described in Subdivision (1) [of this section] in the development of standards for selection of programs for inclusion in the project and the review of proposals submitted by programs;

(3) issue requests for proposals for the programs and an educational campaign not later than January 1, 1990;

(4) award contracts for programs that are operated by nonprofit organizations and that take into consideration:

(A) a balanced geographical distribution of urban, rural, and suburban models; and

(B) the presence of a responsive law enforcement climate in the community;

(5) develop and monitor the project in cooperation with the nonprofit organization described by Subdivision (1);

(6) monitor the development of a community educational campaign in cooperation with the nonprofit organization described by Subdivision (1);

(7) assist the nonprofit organization described by Subdivision (1) in designing program evaluations and research activities; [and]

(8) facilitate training of probation officers and other criminal justice professionals by the nonprofit organization described by Subdivision (1) and by programs; and

(9) seek the assistance of the nonprofit organization described by Subdivision (1) in developing program guidelines and in accrediting programs and providers providing battering intervention and prevention services as conforming to those guidelines.

Sec. 4. DUTIES OF THE NONPROFIT ORGANIZATION. The nonprofit organization with which the division contracts under Section 3(1) shall:

(1) assist the division in developing and issuing requests for proposals for the programs and the educational campaign;

(2) assist the division in reviewing the submitted proposals and making recommendations for proposals to be selected for funding;

(3) develop and monitor the project in cooperation with the division;

(4) provide technical assistance to programs to:

(A) develop appropriate services for batterers;

(B) train staff;

(C) improve coordination with shelter centers, the criminal justice system, the judiciary, law enforcement agencies, prosecutors, and other appropriate officials and support services;

(D) implement the community educational campaign; and

(E) participate in project administered program evaluation and research activities;

(5) provide technical assistance to the division to:

(A) develop and implement standards for selection of programs for inclusion in the project; and

(B) develop standards for selection of the community educational campaign described in Section 6 of this article;

(6) submit an annual written report to the division and to the legislature with recommendations for continuation, elimination, or changes in the project; [and]

(7) evaluate the programs and the community educational campaign, including an analysis of the effectiveness of the project and the level of public awareness relating to family violence; and

(8) assist the division in developing program guidelines and in accrediting programs and providers providing battering intervention and prevention services as conforming to those guidelines.

Sec. 4A. ADOPTION OF PROGRAM GUIDELINES; ACCREDITATION PROCESS. With the assistance of the statewide nonprofit organization described by Section 3(1), the division shall adopt guidelines for programs and shall accredit programs and providers providing battering intervention and prevention services as conforming to those guidelines. The division shall collect from each program or provider that applies for accreditation under this section a one-time application fee in an amount set by the Texas Department of Criminal Justice.

SECTION 4. Section 85.022, Family Code, is amended by amending Subsection (a) and by adding Subsection (a-1) to read as follows:

(a) In a protective order, the court may order the person found to have committed family violence to perform acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence and may order that person to:

(1) complete a battering intervention and prevention program accredited under [as provided by] Article 42.141, Code of Criminal Procedure[, and that meets the guidelines adopted by the community justice assistance division of the Texas Department of Criminal Justice if a program is available];

(2) beginning on September 1, 2008, if the referral option under Subdivision (1) is not available, complete a program or counsel with a provider that has begun the accreditation process described by Subsection (a-1); or

(3) if the referral option under Subdivision (1) or, beginning on September 1, 2008, the referral option under Subdivision (2) is not available, counsel with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor who has completed:

(A) family violence intervention training that:

(i) is approved by the community justice assistance division of the Texas Department of Criminal Justice; and

(ii) consists of an initial 40 hours of training; and

(B) an annual 12 hours of continuing education approved by the community justice assistance division of the Texas Department of Criminal Justice [if a program under Subdivision (1) is not available; or

[(3) perform acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence].

(a-1) Beginning on September 1, 2009, a program or provider serving as a referral option for the courts under Subsection (a)(1) or (2) must be accredited under Section 4A, Article 42.141, Code of Criminal Procedure, as conforming to program guidelines under that article.

SECTION 5. Subsection (a), Section 85.024, Family Code, is amended to read as follows:

(a) A person found to have engaged in family violence who is ordered to attend a program or counseling under Section 85.022(a)(1), [or] (2), or (3) shall file with the court an affidavit before the 60th day after the date the order was rendered stating either that the person has begun the program or counseling or that a program or counseling is not available within a reasonable distance from the person's residence. A person who files an affidavit that the person has begun the program or counseling shall file with the court before the date the protective order expires a statement that the person completed the program or counseling not later than the 30th day before the expiration date of the protective order. An affidavit under this subsection must be accompanied by a letter, notice, or certificate from the program or counselor that verifies the person's completion of the program or counseling. A person who fails to comply with this subsection may be punished for contempt of court under Section 21.002, Government Code.

SECTION 6. (a) The changes in law made by Sections 1, 4, and 5 of this Act apply only to a court order granting community supervision or a protective order or a modification of the order that is rendered on or after the effective date of this Act. A court order granting community supervision or a protective order or a modification of the order that is rendered before the effective date of this Act is governed by the law in effect on the date the order or modification was rendered, and the former law is continued in effect for that purpose.

(b) Not later than April 1, 2008, the community justice assistance division of the Texas Department of Criminal Justice shall adopt the guidelines required by Section 4A, Article 42.141, Code of Criminal Procedure, as added by this Act.

SECTION 7. In implementing this Act, the Texas Department of Criminal Justice may not use any funds specifically appropriated by the legislature for a statewide allocation of grants to local nonprofit organizations for battering intervention and prevention programs.

SECTION 8. This Act takes effect September 1, 2007.

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