84R11058 JRR-F

By: Ellis S.B. No. 770

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Texas Commission on Criminal and Juvenile Justice.

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

SECTION 1. Subtitle B, Title 4, Government Code, is amended by adding Chapter 415 to read as follows:

CHAPTER 415. TEXAS COMMISSION ON CRIMINAL AND JUVENILE JUSTICE

Sec. 415.001. DEFINITION. In this chapter, "commission" means the Texas Commission on Criminal and Juvenile Justice.

Sec. 415.002. CREATION; MISSION. (a) The Texas Commission on Criminal and Juvenile Justice is created.

(b) The mission of the commission is to enhance public safety, protect the rights of crime victims, save taxpayer money, and ensure justice and the fair treatment of all residents of this state by focusing on:

(1) evidence-based recidivism reduction initiatives; and

(2) cost-effective uses of public resources.

Sec. 415.003. COMPOSITION. (a) The commission is composed of:

(1) the public safety director of the Department of Public Safety or the director's designee;

(2) the executive director of the Texas Department of Criminal Justice or the executive director's designee;

(3) the executive commissioner of the Health and Human Services Commission or the executive commissioner's designee;

(4) the executive director of the Texas Juvenile Justice Department or the executive director's designee;

(5) the administrative director of the Office of Court Administration of the Texas Judicial System or the director's designee;

(6) the president of the Texas Criminal Defense Lawyers Association or the president's designee;

(7) the president of the Texas District and County Attorneys Association or a district attorney appointed by the president;

(8) the executive director of the Texas Indigent Defense Commission or the executive director's designee, if the designee is the director of a public defender office in this state or a representative of an organization with significant knowledge and experience in the issues under consideration by the commission;

(9) the chair of the Senate Committee on Criminal Justice;

(10) the chair of the House Committee on Corrections; and

(11) 11 members appointed by the governor, consisting of:

(A) one representative of a police department who is a peace officer;

(B) one representative of a sheriff's department who is a peace officer;

(C) one representative of a community supervision and corrections department;

(D) one representative of a substance abuse treatment provider or mental health treatment provider who, under a contract with a community supervision and corrections department, provides treatment to individuals supervised by that department;

(E) one representative of a crime victims' rights organization;

(F) one representative of a nonprofit entity that specializes in criminal justice research and reform;

(G) one law professor at a law school in this state;

(H) one professor at a university in this state;

(I) one district court judge;

(J) one county court judge; and

(K) one county commissioner.

(b) A person is not eligible to be appointed under Subsection (a) or serve as a designee unless the person has significant knowledge and experience in the issues under consideration by the commission.

Sec. 415.004. DUTIES; ANNUAL REPORT. (a) The commission shall:

(1) conduct an empirical analysis of and collect evidence-based data on law enforcement policies and practices and sentencing policies and practices in this state, including an evaluation of the effectiveness of the sentences imposed in reducing recidivism;

(2) investigate the effectiveness of alternatives to incarceration in reducing recidivism, the factors that contribute to recidivism, evidence-based recidivism reduction initiatives implemented in other states, and crime and juvenile delinquency prevention programs that have been implemented in other states and have proven to be cost-effective;

(3) study evidence-based practices related to bail and pretrial release;

(4) investigate and conduct an analysis of racial or economic disparities, including the causes of the disparities, relating to arrests of defendants or custodial actions involving juveniles made by law enforcement, charging decisions, the composition of juries or grand juries, and sentencing policies and practices in this state;

(5) conduct and review existing studies and other resources, including studies and resources conducted or compiled by other states, concerning sentencing policies and practices in criminal and juvenile justice systems;

(6) cooperate with other boards, task forces, research organizations, universities, or commissions that study or address criminal or juvenile justice issues;

(7) make findings and recommendations concerning ways in which to improve the efficiency and effectiveness of the criminal and juvenile justice systems in this state, including ways to reduce disparities described by Subdivision (4); and

(8) evaluate the implementation of the recommendations made by the commission.

(b) Not later than September 1 of each even-numbered year, the commission shall deliver a report of the commission's findings and recommendations to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing committees of each house of the legislature with primary jurisdiction over criminal and juvenile justice matters.

Sec. 415.005. APPOINTMENT OF ADVISORY COMMITTEES. The commission may establish advisory committees it considers necessary to accomplish the purposes of this chapter.

Sec. 415.006. TENURE OF MEMBERS. (a) An appointed member of the commission serves at the pleasure of the appointing officer.

(b) A member who serves on the commission by virtue of the member's office serves on the commission for the period during which the member holds that office.

Sec. 415.007. COMPENSATION AND REIMBURSEMENT. A member of the commission or an advisory committee established by the commission serves without compensation but, from funds appropriated to the Department of Public Safety, is entitled to reimbursement for actual and necessary expenses incurred in the performance of official commission or committee duties as provided by Chapter 660.

Sec. 415.008. PRESIDING OFFICERS. The governor shall designate one member of the commission to serve as presiding officer of the commission and one member of the commission to serve as assistant presiding officer of the commission.

Sec. 415.009. MEETINGS. The commission shall meet at least once a month and more frequently at the call of the presiding officer.

Sec. 415.010. TECHNICAL AND ADMINISTRATIVE ASSISTANCE. The Department of Public Safety, the Texas Department of Criminal Justice, and the Texas Juvenile Justice Department shall provide the commission with resources for:

(1) data collection, research, and analysis; and

(2) publication of the commission's findings and reports.

Sec. 415.011. GIFTS, GRANTS, AND DONATIONS. (a) For the purpose of funding any activity of the commission under this chapter, the commission may:

(1) apply for and accept:

(A) gifts, grants, and donations from any organization described in Section 501(c)(3) or (4) of the Internal Revenue Code of 1986; and

(B) federal grants; and

(2) accept donations from an individual or a private entity.

(b) All gifts, grants, and donations must be reported in the public records of the commission with the name of the donor and purpose of the gift, grant, or donation accepted.

(c) The commission may authorize and disburse subgrants of funds from those funds that the commission may accept from time to time under this section for appropriate programs, services, and activities related to and in accord with the purposes and activities of the commission.

Sec. 415.012. SUNSET PROVISION; COMMISSION ABOLISHED. The commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2027.

SECTION 2. (a) Not later than the 60th day after the effective date of this Act, the governor shall make the appointments required by Chapter 415, Government Code, as added by this Act.

(b) The Texas Commission on Criminal and Juvenile Justice shall submit the first report required by Section 415.004, Government Code, as added by this Act, not later than September 1, 2016.

SECTION 3. 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, 2015.