86R14273 MAW-F

By: Whitmire S.B. No. 2188

A BILL TO BE ENTITLED

AN ACT

relating to community supervision.

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

SECTION 1. Article 5.08, Code of Criminal Procedure, is amended to read as follows:

Art. 5.08. MEDIATION IN FAMILY VIOLENCE CASES. Notwithstanding Article 26.13(g) or 42A.301(b)(12) [42A.301(15)], in a criminal prosecution arising from family violence, as that term is defined by Section 71.004, Family Code, a court shall not refer or order the victim or the defendant involved to mediation, dispute resolution, arbitration, or other similar procedures.

SECTION 2. Article 42A.052(a), Code of Criminal Procedure, is amended to read as follows:

(a) A judge who places a defendant on community supervision may authorize the supervision officer supervising the defendant or a magistrate appointed by the district courts in the county that give preference to criminal cases to modify the conditions of community supervision for the limited purposes [purpose] of:

(1) transferring the defendant to different programs within the community supervision continuum of programs and sanctions; or

(2) prioritizing the conditions ordered by the court according to:

(A) the defendant's needs as determined by a risk and needs assessment; and

(B) the defendant's progress under supervision.

SECTION 3. Articles 42A.301(b) and (c), Code of Criminal Procedure, are amended to read as follows:

(b) Conditions of community supervision may include conditions requiring the defendant to:

(1) commit no offense against the laws of this state or of any other state or of the United States;

(2) [avoid injurious or vicious habits;

[(3)] avoid persons or places of disreputable or harmful character to the extent indicated by the results of the assessment conducted under Subsection (a) and the evaluation conducted under Subsection (c) [, including any person, other than a family member of the defendant, who is an active member of a criminal street gang];

(3) [(4)] report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department;

(4) [(5)] permit the supervision officer to visit the defendant at the defendant's home or elsewhere;

(5) [(6)] work faithfully at suitable employment to the extent possible;

(6) [(7)] remain within a specified place;

(7) [(8)] pay in one or more amounts:

(A) the defendant's fine, if one is assessed; and

(B) all court costs, regardless of whether a fine is assessed;

(8) [(9) support the defendant's dependents;

[(10) participate, for a period specified by the judge, in any community-based program, including a community service project under Article 42A.304;

[(11)] if the judge determines that the defendant has financial resources that enable the defendant to offset in part or in whole the costs of the legal services provided to the defendant in accordance with Article 1.051(c) or (d), including any expenses and costs, reimburse the county in which the prosecution was instituted for the costs of the legal services in an amount that the judge finds the defendant is able to pay, except that the defendant may not be ordered to pay an amount that exceeds:

(A) the actual costs, including any expenses and costs, paid by the county for the legal services provided by an appointed attorney; or

(B) if the defendant was represented by a public defender's office, the actual amount, including any expenses and costs, that would have otherwise been paid to an appointed attorney had the county not had a public defender's office;

(9) [(12)] if under custodial supervision in a community corrections facility:

(A) remain under that supervision;

(B) obey all rules and regulations of the facility; and

(C) pay a percentage of the defendant's income to:

(i) the facility for room and board; and

(ii) the defendant's dependents for their support during the period of custodial supervision;

(10) [(13)] submit to testing for alcohol or controlled substances but only if:

(A) the judge determines, based on the results of the assessment conducted under Subsection (a) and the evaluation conducted under Subsection (c), that testing is necessary to protect or restore the community or the victim or to punish, rehabilitate, or reform the defendant; or

(B) the defendant's offense was related to drug or alcohol abuse;

(11) [(14)] attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Department of State Health Services but only if:

(A) the judge determines, based on the results of the assessment conducted under Subsection (a) and the evaluation conducted under Subsection (c), that counseling or treatment is necessary to protect or restore the community or the victim or to punish, rehabilitate, or reform the defendant; or

(B) the defendant's offense was related to drug or alcohol abuse;

(12) [(15)] with the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation;

(13) [(16)] submit to electronic monitoring;

(14) [(17)] reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56.32, of the offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;

(15) [(18)] reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;

(16) [(19)] pay all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense;

(17) [(20)] make one payment in an amount not to exceed $50 to a crime stoppers organization, as defined by Section 414.001, Government Code, and as certified by the Texas Crime Stoppers Council;

(18) [(21)] submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant;

[(22) in any manner required by the judge, provide in the county in which the offense was committed public notice of the offense for which the defendant was placed on community supervision;] and

(19) [(23)] reimburse the county in which the prosecution was instituted for compensation paid to any interpreter in the case.

(c) Before the judge may require as a condition of community supervision that the defendant submit to testing for alcohol or controlled substances, attend counseling sessions for substance abuse, or receive treatment in a state-funded substance abuse treatment program, including an inpatient or outpatient program, a substance abuse felony program under Article 42A.303, or a program provided to the defendant while confined in a community corrections facility as defined by Article 42A.601, the judge must consider the results of an evaluation conducted to determine the appropriate type and level of treatment necessary to address the defendant's alcohol or drug dependency.

SECTION 4. Article 42A.303(e), Code of Criminal Procedure, is amended to read as follows:

(e) The Department of State Health Services or the community supervision and corrections department supervising the defendant shall develop the continuum of care treatment plan described by Subsection (d)(1).

SECTION 5. Articles 42A.403(d-1) and (e), Code of Criminal Procedure, are amended to read as follows:

(d-1) The judge shall waive the educational program requirement if the defendant successfully completes [equivalent] education at a residential treatment facility under Article 42A.4045.

(e) The judge shall set out in the judgment, as applicable:

(1) the finding of good cause for waiver; or

(2) the finding that the defendant has successfully completed [equivalent] education as provided by Article 42A.4045.

SECTION 6. Articles 42A.404(b-1) and (c), Code of Criminal Procedure, are amended to read as follows:

(b-1) The judge shall waive the educational program requirement if the defendant successfully completes [equivalent] education at a residential treatment facility under Article 42A.4045.

(c) The judge shall set out in the judgment, as applicable:

(1) the finding of good cause for waiver; or

(2) the finding that the defendant has successfully completed [equivalent] education as provided by Article 42A.4045.

SECTION 7. Articles 42A.4045(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) A judge shall waive the educational requirement under Article 42A.403 or 42A.404 for a defendant who is required to receive treatment as a resident of a substance abuse treatment facility as a condition of community supervision if the defendant successfully completes [equivalent] education while the defendant is confined to the residential treatment facility.

(b) The Department of State Health Services shall approve [equivalent] education provided at substance abuse treatment facilities.

SECTION 8. Articles 42A.406(a) and (b-1), Code of Criminal Procedure, are amended to read as follows:

(a) If a defendant is required as a condition of community supervision to attend an educational program under Article 42A.403 or 42A.404, or if the court waives the educational program requirement under Article 42A.403 or the defendant successfully completes [equivalent] education under Article 42A.4045, the court clerk shall immediately report that fact to the Department of Public Safety, on a form prescribed by the department, for inclusion in the defendant's driving record. If the court grants an extension of time in which the defendant may complete the educational program under Article 42A.403, the court clerk shall immediately report that fact to the Department of Public Safety on a form prescribed by the department. The clerk's report under this subsection must include the beginning date of the defendant's community supervision.

(b-1) Upon release from a residential treatment facility at which the person successfully completed [equivalent] education under Article 42A.4045, at the request of the court clerk, the director of the residential treatment facility shall give notice to the Department of Public Safety for inclusion in the person's driving record.

SECTION 9. Articles 42A.651(a) and (c), Code of Criminal Procedure, are amended to read as follows:

(a) A judge may not order a defendant to make a payment as a term or condition of community supervision, except for:

(1) the payment of fines, court costs, or restitution to the victim;

(2) reimbursement of a county as described by Article 42A.301(b)(8) [42A.301(11)]; or

(3) a payment ordered as a condition that relates personally to the rehabilitation of the defendant or that is otherwise expressly authorized by law.

(c) A judge may not impose a condition of community supervision requiring a defendant to reimburse a county for the costs of legal services as described by Article 42A.301(b)(8) [42A.301(11)] if the defendant has already satisfied that obligation under Article 26.05(g).

SECTION 10. Article 42A.655, Code of Criminal Procedure, is amended to read as follows:

Art. 42A.655. ABILITY TO PAY. (a) Notwithstanding any other provision of this chapter, the [The] court shall inquire as to whether the defendant has sufficient resources or income [consider the defendant's ability] to pay before ordering the defendant to make any payments under this chapter.

(b) For a defendant who is ordered to make payments under this chapter, the court shall reconsider whether the defendant has sufficient resources or income to pay:

(1) at least annually or at any time the defendant's financial status or required payments change in such a way that the defendant's ability to make a payment previously ordered by the court is substantially hindered; and

(2) at any hearing held under Article 42A.751(d).

(c) If the court determines that the defendant does not have sufficient resources or income to make any payment ordered by the court, including a payment required under Article 42A.652, the judge shall determine whether all or a portion of the payment should be:

(1) required to be paid at a later date or in a specified portion at designated intervals;

(2) waived completely or partially under Article 43.091 or 45.0491;

(3) discharged by performing community service under Article 42A.304 or 45.049, as applicable; or

(4) satisfied through any combination of methods under Subdivisions (1)-(3).

SECTION 11. Article 42A.701, Code of Criminal Procedure, is amended by amending Subsections (a), (b), and (d) and adding Subsections (b-1) and (c-1) to read as follows:

(a) At any time after the defendant's time served on community supervision plus time credits received under Article 42A.702 equals [defendant has satisfactorily completed] one-third of the original community supervision period or two years [of community supervision], whichever is less, the judge may reduce or terminate the period of community supervision.

(b) Once a defendant's time served on community supervision plus time credits received under Article 42A.702 equals [On completion of] one-half of the original community supervision period or two years [of community supervision], whichever is more, the judge shall review the defendant's record and consider whether to reduce or terminate the period of community supervision, unless the defendant:

(1) is delinquent in paying required [costs, fines, fees, or] restitution that the defendant has the ability to pay; or

(2) has not completed court-ordered counseling or treatment.

(b-1) The supervision officer shall notify the court not later than the 30th day after the date a defendant who at the time of the review required by Subsection (b) was delinquent in paying restitution or had not completed court-ordered counseling or treatment, completes the remaining court-ordered counseling or treatment and makes the delinquent restitution payments, as applicable. The court shall review the defendant's record and consider whether to reduce or terminate the period of community supervision.

(c-1) If, at the time a court conducts a review of a defendant's record under this article, the defendant has been compliant with the terms of community supervision for the preceding six months, the judge shall terminate the period of community supervision and discharge the defendant, unless the judge makes a finding that there is a substantial and compelling objective reason to deny early termination. Substantial and compelling reasons are limited to the following circumstances:

(1) the defendant has exhibited a pattern of behavior while on community supervision indicating the defendant would be a substantial risk to public safety, including major violations of conditions of community supervision or additional criminal convictions;

(2) there is verified objective evidence of substantial risk of harm to a victim of the offense for which the defendant is on community supervision;

(3) the defendant has threatened harm to another person;

(4) the defendant is a suspect in an active criminal investigation; or

(5) the defendant is the subject of a pending felony charge.

(d) If the judge determines that the defendant has not been compliant with the terms [failed to satisfactorily fulfill the conditions] of community supervision for the preceding six months, or if the judge makes a finding under Subsection (c-1)(1) or (2), the judge shall advise the defendant in writing of the requirements for satisfactorily fulfilling those conditions. As soon as practicable after the 180th day after the date the judge advises the defendant under this subsection, but not later than the 270th day after that date, the judge shall review the defendant's record and again consider whether to reduce or terminate the period of community supervision.

SECTION 12. Articles 42A.702(a), (c), and (d), Code of Criminal Procedure, are amended to read as follows:

(a) This article applies only to a defendant who[:

[(1)] is granted community supervision, including deferred adjudication community supervision, for an offense punishable as a state jail felony or a felony of the third degree, other than an offense:

(1) [(A)] included as a "reportable conviction or adjudication" under Article 62.001(5);

(2) [(B) involving family violence as defined by Section 71.004, Family Code;

[(C)] under Section 20.03 or 28.02, Penal Code; or

(3) [(D)] under Chapter 49, Penal Code[;

[(2) is not delinquent in paying required costs, fines, or fees; and

[(3) has fully satisfied any order to pay restitution to a victim].

(c) A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for the full payment of court costs, fines, attorney's fees, and restitution as follows:

(1) court costs: 60 [15] days;

(2) fines: 90 [30] days;

(3) attorney's fees: 90 [30] days; and

(4) restitution: 120 [60] days.

(d) A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for the successful completion of treatment or rehabilitation programs as follows:

(1) parenting class or parental responsibility program: 90 [30] days;

(2) anger management program: 90 [30] days;

(3) life skills training program: 90 [30] days;

(4) vocational, technical, or career education or training program: 120 [60] days; [and]

(5) alcohol or substance abuse counseling or treatment: 120 [90] days; and

(6) any other faith-based, volunteer, or community-based program ordered or approved by the court: 90 days.

SECTION 13. Article 42A.751(i), Code of Criminal Procedure, is amended to read as follows:

(i) In a revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay community supervision fees or court costs or by failing to pay the costs of legal services as described by Article 42A.301(b)(8) [42A.301(11)], the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge.

SECTION 14. Section 103.021, Government Code, is amended to read as follows:

Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the court or otherwise required:

(1) a personal bond fee (Art. 17.42, Code of Criminal Procedure) . . . the greater of $20 or three percent of the amount of the bail fixed for the accused;

(2) cost of electronic monitoring as a condition of release on personal bond (Art. 17.43, Code of Criminal Procedure) . . . actual cost;

(3) a fee for verification of and monitoring of motor vehicle ignition interlock (Art. 17.441, Code of Criminal Procedure) . . . not to exceed $10;

(3-a) costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, subject to a determination of indigency;

(3-b) costs associated with providing a defendant's victim with an electronic receptor device as a condition of the defendant's release on bond (Art. 17.49(b)(3), Code of Criminal Procedure) . . . actual costs, subject to a determination of indigency;

(4) repayment of reward paid by a crime stoppers organization on conviction of a felony (Art. 37.073, Code of Criminal Procedure) . . . amount ordered;

(5) reimbursement to general revenue fund for payments made to victim of an offense as condition of community supervision (Art. 42A.301(b)(14) [42A.301(17)], Code of Criminal Procedure) . . . not to exceed $50 for a misdemeanor offense or $100 for a felony offense;

(6) payment to a crime stoppers organization as condition of community supervision (Art. 42A.301(b)(17) [42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50;

(7) children's advocacy center fee (Art. 42A.455, Code of Criminal Procedure) . . . not to exceed $50;

(8) family violence center fee (Art. 42A.504(b), Code of Criminal Procedure) . . . $100;

(9) community supervision fee (Art. 42A.652(a), Code of Criminal Procedure) . . . not less than $25 or more than $60 per month;

(10) additional community supervision fee for certain offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per month;

(11) for certain financially able sex offenders as a condition of community supervision, the costs of treatment, specialized supervision, or rehabilitation (Art. 42A.452, Code of Criminal Procedure) . . . all or part of the reasonable and necessary costs of the treatment, supervision, or rehabilitation as determined by the judge;

(12) fee for failure to appear for trial in a justice or municipal court if a jury trial is not waived (Art. 45.026, Code of Criminal Procedure) . . . costs incurred for impaneling the jury;

(13) costs of certain testing, assessments, or programs during a deferral period (Art. 45.051, Code of Criminal Procedure) . . . amount ordered;

(14) special expense on dismissal of certain misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) . . . not to exceed amount of fine assessed;

(15) an additional fee:

(A) for a copy of the defendant's driving record to be requested from the Department of Public Safety by the judge (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal to the sum of the fee established by Section 521.048, Transportation Code, and the state electronic Internet portal fee;

(B) as an administrative fee for requesting a driving safety course or a course under the motorcycle operator training and safety program for certain traffic offenses to cover the cost of administering the article (Art. 45.0511(f)(1), Code of Criminal Procedure) . . . not to exceed $10; or

(C) for requesting a driving safety course or a course under the motorcycle operator training and safety program before the final disposition of the case (Art. 45.0511(f)(2), Code of Criminal Procedure) . . . not to exceed the maximum amount of the fine for the offense committed by the defendant;

(16) a request fee for teen court program (Art. 45.052, Code of Criminal Procedure) . . . $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise not to exceed $10;

(17) a fee to cover costs of required duties of teen court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise $10;

(18) a mileage fee for officer performing certain services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per mile;

(19) certified mailing of notice of hearing date (Art. 102.006, Code of Criminal Procedure) . . . $1, plus postage;

(20) certified mailing of certified copies of an order of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, plus postage;

(20-a) a fee to defray the cost of notifying state agencies of orders of expungement (Art. 45.0216, Code of Criminal Procedure) . . . $30 per application;

(21) sight orders:

(A) if the face amount of the check or sight order does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $10;

(B) if the face amount of the check or sight order is greater than $10 but does not exceed $100 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $15;

(C) if the face amount of the check or sight order is greater than $100 but does not exceed $300 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $30;

(D) if the face amount of the check or sight order is greater than $300 but does not exceed $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $50; and

(E) if the face amount of the check or sight order is greater than $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $75;

(22) fees for a pretrial intervention program:

(A) a supervision fee (Art. 102.012(a), Code of Criminal Procedure) . . . $60 a month plus expenses; and

(B) a district attorney, criminal district attorney, or county attorney administrative fee (Art. 102.0121, Code of Criminal Procedure) . . . not to exceed $500;

(23) parking fee violations for child safety fund in municipalities with populations:

(A) greater than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not less than $2 and not to exceed $5; and

(B) less than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not to exceed $5;

(24) an administrative fee for collection of fines, fees, restitution, or other costs (Art. 102.072, Code of Criminal Procedure) . . . not to exceed $2 for each transaction;

(25) a collection fee, if authorized by the commissioners court of a county or the governing body of a municipality, for certain debts and accounts receivable, including unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 percent of an amount more than 60 days past due; and

(26) a cost on conviction for the truancy prevention and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . $2.

SECTION 15. Section 509.011(e), Government Code, is amended to read as follows:

(e) In establishing per diem payments authorized by Subsections (a)(1) and (a)(2), the division shall consider the amounts appropriated in the General Appropriations Act for basic supervision as sufficient to provide basic supervision in each year of the fiscal biennium. For purposes of funding distributed for a defendant described by Subsection (a)(1), the division shall adopt provisions to award additional per capita funding based on each felony defendant supervised by a department who receives a discharge following:

(1) the successful completion of the period of community supervision; or

(2) an early termination of community supervision under Article 42A.111 or 42A.701, Code of Criminal Procedure, as applicable.

SECTION 16. To the extent of any conflict, this Act prevails over another Act of the 86th Legislature, Regular Session, 2019, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 17. Section 509.011, Government Code, as amended by this Act, applies only to a payment based on an appropriation made for any state fiscal year beginning on or after September 1, 2020.

SECTION 18. (a) Except as provided by Subsection (b) of this section, the change in law made by this Act to Chapter 42A, Code of Criminal Procedure, applies to a person on community supervision on or after the effective date of this Act, regardless of whether the person was placed on community supervision before, on, or after the effective date of this Act.

(b) The change in law made by this Act to the amount of a time credit to which a defendant is entitled under Article 42A.702(d), Code of Criminal Procedure, for successfully completing a treatment or rehabilitation program described by that article, applies only to a program that is completed on or after the effective date of this Act, regardless of whether the program began before, on, or after the effective date of this Act. The amount of a time credit for a program that was completed before the effective date of this Act is governed by the law in effect on the date the program was completed, and the former law is continued in effect for that purpose.

SECTION 19. This Act takes effect September 1, 2019.