By: Madden H.B. No. 1118

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of an administrative judge for drug court programs in this state.

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

SECTION 1. Chapter 469, Health and Safety Code, is amended by designating Sections 469.001 through 469.009 as Subchapter A and adding a heading to that subchapter to read as follows:

SUBCHAPTER A. DRUG COURT PROGRAMS

SECTION 2. Chapter 469, Health and Safety Code, is amended by adding Subchapter B to read as follows:

SUBCHAPTER B. ADMINISTRATIVE JUDGE FOR

DRUG COURT PROGRAMS

Sec. 469.031. DEFINITION. In this subchapter, "administrative judge" means the administrative judge for drug court programs appointed under Section 469.032.

Sec. 469.032. APPOINTMENT OF ADMINISTRATIVE JUDGE; TERM. (a) The governor, with the advice and consent of the senate, shall appoint an administrative judge for drug court programs in this state.

(b) The term of an administrative judge expires on the fourth anniversary of the date on which the term begins.

(c) The governor shall promptly fill any vacancy in the position of administrative judge, whether the vacancy is caused by the death or resignation of the administrative judge or by expiration of the administrative judge's term. The governor may appoint an administrative judge for a second or subsequent term.

Sec. 469.033. QUALIFICATIONS. (a) In this section, "former judge," "retired judge," and "senior judge" have the meanings assigned by Section 74.041, Government Code.

(b) To be eligible to be appointed an administrative judge, a person must:

(1) be a former judge, retired judge, or senior judge of a district court or county court at law;

(2) be qualified for assignment under Section 74.055, Government Code;

(3) have at least eight years' experience serving as the judge of a district court or county court at law; and

(4) have at least four years' experience as the judge administering a drug court program or other substantially similar court program.

Sec. 469.034. DUTIES AND POWERS. (a) The administrative judge shall:

(1) work to enhance the effectiveness of each drug court program in this state;

(2) take action as appropriate to ensure that each drug court program meets the essential characteristics listed in Section 469.001(a);

(3) develop training protocols for judges, magistrates, and program directors administering drug court programs in this state, including training protocols for information regarding any nationally recommended curriculum concerning either evidence-based sentencing or available community and state resources for diversions from confinement in a correctional facility;

(4) assist each drug court program in identifying and receiving available grant funds;

(5) coordinate efforts for the development of additional drug court programs in this state;

(6) assist in the oversight of drug court programs under Section 469.003; and

(7) report to the legislature and to the criminal justice division of the governor's office not later than September 1 of each even-numbered year regarding the status of drug court programs in this state. The report shall include the following information in both a statewide aggregated format and broken down for each separate drug court program in Texas:

(A) the average recidivism rate of individuals who are referred to drug court programs in this state;

(B) the number and types of crimes for which individuals are referred to drug court programs;

(C) the number and types of crimes committed by individuals after they have completed all drug court program supervision and monitoring; and

(D) the number and types of crimes that would not have been committed had individuals referred to drug courts been incarcerated for the duration of the time they were under the supervision of a drug court program.

(a-1) For the purposes of this section, "effectiveness" means the extent to which a drug court program successfully stops a drug offender from reoffending and the extent to which members of the public are protected from drug crime and drug-related crime.

(b) The administrative judge may take action as necessary to carry out this subchapter and to improve the implementation and management of drug court programs in this state.

(c) The administrative judge may serve as the judge administering a drug court program in this state.

Sec. 469.035. FACILITIES AND STAFF. (a) The Office of Court Administration of the Texas Judicial System:

(1) shall arrange for the administrative judge to have adequate office space to carry out the duties prescribed by this subchapter; and

(2) may contract with a county to provide office space for the administrative judge in the county courthouse.

(b) The administrative judge may employ, or contract with another governmental entity for the provision of, an administrative assistant and other support staff as necessary to carry out the duties prescribed by this subchapter.

Sec. 469.036. COMPENSATION; EXPENSES. (a) The administrative judge is entitled to the same compensation and allowances provided by the state and county for a district judge in the county in which the administrative judge resides, including:

(1) the compensation to which a district judge is entitled, including the same annual salary a district judge is entitled to receive from the state under Section 659.012, Government Code, and any applicable participation in a retirement system or program; and

(2) the same travel and other necessary expenses a district judge is entitled to receive from the state under Section 24.019, Government Code.

(b) Any administrative assistant or other support staff employed by or under contract for the benefit of the administrative judge may receive compensation and payment of expenses from:

(1) the state as provided by the General Appropriations Act;

(2) county funds as authorized by the county commissioners court; or

(3) any public or private grant.

SECTION 3. The governor shall appoint the first administrative judge as required by Section 469.032, Health and Safety Code, as added by this Act, not later than December 1, 2009, for a four-year term beginning January 1, 2010.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.