| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB2385 by Lucio III (Relating to the collection of fees by a district attorney, criminal district attorney, or county attorney for certain expenses related to pretrial intervention programs.), As Engrossed |
The bill would amend Chapter 102, Code of Criminal Procedure, to authorize a district attorney, criminal district attorney, or county attorney to collect a fee in an amount not to exceed $500 from any defendant who participates in a pretrial intervention program offered in that county. The fee would be deposited into the county treasury into a special fund to be used solely to administer the pretrial intervention program. An expenditure from the fund may be made only in accordance with a budget approved by the county commissioners court.
Changes in the law would apply only to a defendant's participation in a pretrial intervention program that begins on or after the effective date of the bill, which would be September 1, 2007.
The revenue gain for offsetting costs of a pretrial intervention program would vary by county depending on the number of defendants in each county that would be required to participate in the program, the actual amount of the fee that would be imposed, and the collection rate.
As an example, Bexar County reports that there are approximately 7,400 defendants required to participate in a pretrial intervention program annually. The county calculates that if each of those defendants were to pay a $500 fee, the county would experience a revenue gain of $3.7 million.
Harris County reports that the district attorney grants only about 50 pretrial interventions per year, and assumes a fee of $100 would be charged under provisions of the bill, for an annual revenue gain of $5,000.
| Source Agencies: |
| LBB Staff: | JOB, ES, MN, DB
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