BILL ANALYSIS

S.B. 1399

By: Whitmire

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that the range of treatment and supervision provided by a community corrections and supervision department should incorporate individuals participating in a pretrial intervention program. S.B. 1399 seeks to address this issue by providing for the confinement in a community corrections facility of a defendant participating in a pretrial intervention program.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1399 amends the Government Code to include individuals participating in a pretrial intervention program operated by a community supervision and corrections department among the individuals that may receive treatment at a community corrections facility under statutory provisions relating to the community justice assistance division of the Texas Department of Criminal Justice.

S.B. 1399 amends the Code of Criminal Procedure to cap at 24 months the term of confinement in a community corrections facility served by a defendant as a required condition of participation in a pretrial intervention program operated by a community supervision and corrections department. The bill includes a defendant placed in a pretrial intervention program among the defendants for which a community corrections facility director is required to file a copy of an evaluation made by the facility director of the defendant's behavior and attitude at the facility with the judge who placed the defendant in the program.

EFFECTIVE DATE

September 1, 2017.