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A BILL TO BE ENTITLED
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AN ACT
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relating to strategic planning for the operation of community |
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supervision and corrections departments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 76.002(a), Government Code, is amended |
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to read as follows: |
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(a) The district judge or district judges trying criminal |
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cases in each judicial district and the statutory county court |
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judges trying criminal cases in the county or counties served by the |
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judicial district shall: |
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(1) establish a community supervision and corrections |
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department; and |
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(2) approve the department's budget and strategic |
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[community justice] plan. |
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SECTION 2. Section 76.006(j), Government Code, is amended |
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to read as follows: |
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(j) The attorney general shall defend a statutory county |
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court judge in an action in state or federal court if: |
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(1) the cause of action is the result of the judge |
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performing a duty described by Section 76.002[, 76.003,] or 76.004; |
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and |
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(2) the judge requests the attorney general's |
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assistance in the defense. |
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SECTION 3. Section 76.010(c), Government Code, is amended |
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to read as follows: |
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(c) The department may authorize expenditures of funds |
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provided by the division to the department for the purposes of |
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providing facilities, equipment, and utilities for community |
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corrections facilities or state jail felony facilities if: |
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(1) the judges described by Section 76.002 recommend |
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[community justice council recommends] the expenditures; and |
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(2) the division, or the correctional institutions |
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division of the Texas Department of Criminal Justice in the case of |
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a state jail felony facility, provides funds for the purpose of |
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assisting in the establishment or improvement of the facilities. |
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SECTION 4. Section 121.002(c), Government Code, is amended |
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to read as follows: |
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(c) Notwithstanding any other law, a specialty court |
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program may not operate until the judge, magistrate, or |
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coordinator: |
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(1) provides to the criminal justice division of the |
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governor's office: |
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(A) written notice of the program; |
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(B) any resolution or other official declaration |
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under which the program was established; and |
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(C) a copy of the applicable strategic [community
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justice] plan that incorporates duties related to supervision that |
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will be required under the program; and |
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(2) receives from the division written verification of |
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the program's compliance with Subdivision (1). |
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SECTION 5. Section 509.001(1), Government Code, is amended |
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to read as follows: |
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(1) "Community corrections facility" means a physical |
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structure, established by the judges described by Section 76.002 |
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after authorization of the establishment of the structure has been |
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included in a department's strategic [the local community justice] |
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plan, that is operated by the [a] department or operated for the [a] |
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department by an entity under contract with the department, for the |
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purpose of treating persons who have been placed on community |
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supervision or who are participating in a drug court program |
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established under Chapter 123 or former law and providing services |
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and programs to modify criminal behavior, deter criminal activity, |
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protect the public, and restore victims of crime. The term |
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includes: |
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(A) a restitution center; |
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(B) a court residential treatment facility; |
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(C) a substance abuse treatment facility; |
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(D) a custody facility or boot camp; |
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(E) a facility for an offender with a mental |
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impairment, as defined by Section 614.001, Health and Safety Code; |
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and |
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(F) an intermediate sanction facility. |
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SECTION 6. Section 509.003(a), Government Code, is amended |
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to read as follows: |
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(a) The division shall propose and the board shall adopt |
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reasonable rules establishing: |
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(1) minimum standards for programs, community |
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corrections facilities and other facilities, equipment, and other |
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aspects of the operation of departments; |
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(2) a list and description of core services that |
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should be provided by each department; |
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(3) methods for measuring the success of community |
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supervision and corrections programs, including methods for |
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measuring rates of diversion, program completion, and recidivism; |
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(4) a format for strategic [community justice] plans; |
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and |
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(5) minimum standards for the operation of substance |
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abuse facilities and programs funded through the division. |
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SECTION 7. Sections 509.004(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) The division shall require each department to: |
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(1) keep financial and statistical records determined |
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necessary by the division; |
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(2) submit a strategic [community justice] plan and |
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all supporting information requested by the division; |
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(3) present data requested by the division as |
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necessary to determine the amount of state aid for which the |
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department is eligible; |
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(4) submit periodic financial audits and statistical |
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reports to the division; and |
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(5) submit to the Department of Public Safety the full |
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name, address, date of birth, social security number, and driver's |
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license number of each person restricted to the operation of a motor |
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vehicle equipped with a device that uses a deep-lung breath |
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analysis mechanism to make impractical the operation of the motor |
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vehicle if ethyl alcohol is detected in the breath of the restricted |
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operator. |
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(c) The division shall prepare a report that contains a |
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[detailed] summary of the programs and services provided by |
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departments, as described in each strategic [community justice] |
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plan submitted to the division under Section 509.007. [The report
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must include:
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[(1)
all financial information relating to the
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programs and services described in each community justice plan; and
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[(2)
information concerning the amount of state aid
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and funding that is not state aid used to support each program or
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service provided by a department.] |
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SECTION 8. Section 509.007, Government Code, is amended to |
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read as follows: |
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Sec. 509.007. STRATEGIC [COMMUNITY JUSTICE] PLAN. (a) The |
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division shall require as a condition to payment of state aid to a |
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department or county under Section 509.011 [and eligibility for
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payment of costs under Section 499.124] that a strategic [community
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justice] plan be submitted for the department. The department |
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[community justice council] shall submit the plan required by this |
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subsection. A department [community justice council] may not |
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submit a plan under this section unless the plan is first approved |
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by the judges described by Section 76.002 who established the |
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department [served by the council]. The department [council] |
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shall submit a revised plan to the division each even-numbered year |
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not later than March 1. A plan may be amended at any time with the |
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approval of the division. |
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(b) A strategic [community justice] plan required under |
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this section must include: |
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(1) a statement of goals and priorities and of |
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commitment by the department and [community justice council,] the |
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judges described by Section 76.002 who established the department[,
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and the department director] to achieve a targeted level of |
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alternative sanctions; |
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(2) a description of methods for measuring the success |
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of programs provided by the department or provided by an entity |
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served by the department; |
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(3) a summary [proposal for the use of state jail
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felony facilities and, at the discretion of the community justice
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council, a regional proposal for the construction, operation,
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maintenance, or management of a state jail felony facility by a
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county, a community supervision and corrections department, or a
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private vendor under a contract with a county or a community
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supervision and corrections department;
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[(4) a description] of the programs and services the |
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department provides or intends to provide, including a separate |
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summary [description] of: |
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(A) any services the department intends to |
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provide in relation to a specialty court program; and |
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(B) any programs or other services the department |
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intends to provide to enhance public safety, reduce recidivism, |
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strengthen the investigation and prosecution of criminal offenses, |
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improve programs and services available to victims of crime, and |
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increase the amount of restitution collected from persons |
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supervised by the department; and |
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(4) [(5)] an outline of the department's projected |
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programmatic and budgetary needs, based on the programs and |
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services the department both provides and intends to provide. |
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SECTION 9. Section 509.0071(a), Government Code, is amended |
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to read as follows: |
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(a) In addition to submitting a strategic [community
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justice] plan to the division under Section 509.007, a department |
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or a regional partnership of departments may submit a commitment |
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reduction plan to the division not later than the 60th day after the |
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date on which the time for gubernatorial action on the state budget |
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has expired under Section 14, Article IV, Texas Constitution. |
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SECTION 10. Section 509.010(f), Government Code, is amended |
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to read as follows: |
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(f) A department, a county, a municipality, or a combination |
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involving more than one of those entities may not take an action |
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under Section 76.010 unless the [community justice council serving
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the] entity or entities hold [holds] a public meeting before the |
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action is taken, with notice provided and the hearing to be held in |
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the same manner as provided by Subsections (a) through (e). |
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SECTION 11. Sections 509.011(a) and (d), Government Code, |
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are amended to read as follows: |
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(a) If the division determines that a department complies |
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with division standards and if the department [community justice
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council] has submitted a strategic [community justice] plan under |
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Section 509.007 and the supporting information required by the |
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division and the division determines the plan and supporting |
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information are acceptable, the division shall prepare and submit |
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to the comptroller vouchers for payment to the department as |
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follows: |
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(1) for per capita funding, a per diem amount for each |
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felony defendant directly supervised by the department pursuant to |
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lawful authority; |
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(2) for per capita funding, a per diem amount for a |
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period not to exceed 182 days for each defendant supervised by the |
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department pursuant to lawful authority, other than a felony |
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defendant; and |
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(3) for formula funding, an annual amount as computed |
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by multiplying a percentage determined by the allocation formula |
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established under Subsection (f) times the total amount provided in |
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the General Appropriations Act for payments under this subdivision. |
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(d) The division shall provide state aid to each department |
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on a biennial basis, pursuant to the strategic [community justice] |
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plan for the biennium submitted by the department. A department |
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with prior division approval may transfer funds from one program or |
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function to another program or function. |
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SECTION 12. Sections 76.001(3), 76.003, 499.151(d), and |
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507.001(e), Government Code, are repealed. |
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SECTION 13. This Act takes effect September 1, 2015. |