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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Justice Reinvestment Incentive |
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Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 11, Local Government Code, is |
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amended by adding Chapter 364 to read as follows: |
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CHAPTER 364. JUSTICE REINVESTMENT INCENTIVE PROGRAM |
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Sec. 364.0001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Texas Department of |
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Criminal Justice. |
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(2) "Division" means the criminal justice division of |
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the governor's office. |
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(3) "Local authorities" includes a district attorney, |
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criminal district attorney, or county attorney, a judge of a |
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district or county court having criminal jurisdiction, a county |
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commissioners court, and the head of a law enforcement agency. |
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Sec. 364.0002. JUSTICE REINVESTMENT PLAN. (a) The local |
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authorities in a county may create and implement a two-year justice |
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reinvestment plan to reduce the number of: |
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(1) persons from the county who are convicted of |
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felony offenses and committed to the department; and |
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(2) incarceration years to which persons from the |
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county are sentenced to serve in a facility operated by or under |
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contract with the department. |
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(b) A justice reinvestment plan may include the following |
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strategies: |
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(1) increased use of pre-arrest or pretrial diversion |
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programs; |
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(2) increased use of community supervision programs; |
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(3) improvements to indigent defense programs; and |
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(4) any other law enforcement or prosecutorial |
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strategy designed to reduce incarceration as described by |
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Subsection (a). |
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Sec. 364.0003. INCENTIVE. (a) As compared to the two-year |
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period preceding January 1, 2020, if a justice reinvestment plan |
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operating for a two-year period results in a reduction in the number |
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of persons from the county who are convicted of felony offenses and |
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committed to the department by not less than 40 percent, the county |
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may apply to the division for an award of money in an amount equal to |
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90 percent of the amount of the actual cost savings to the state due |
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to the reduction. |
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(b) An application for an award under this section must |
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include: |
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(1) a description of the incarceration reduction |
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strategies used by the county; |
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(2) the reduction in the number of persons convicted |
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and committed; and |
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(3) the reduction in the number of incarceration years |
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to which persons were sentenced. |
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(c) If the division finds that the county has implemented a |
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justice reinvestment plan that meets the requirements of this |
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section, the division shall award to the county an amount |
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consistent with Subsection (a). |
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(d) At least one-half of an award made under this section |
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must be used to offset supervision-related court costs or fees |
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assessed against persons placed on pretrial supervision or |
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community supervision. |
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Sec. 364.0004. REPORT. The division shall make available a |
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report describing the justice reinvestment plans for which awards |
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have been issued under this chapter. |
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Sec. 364.0005. RULES. The division shall adopt rules to |
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implement this chapter. |
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SECTION 2. This Act takes effect September 1, 2021. |