BILL ANALYSIS

 

 

 

H.B. 1449

By: Collier

Corrections

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Many nonviolent offenders under community supervision are confined in jail due to technical violations that are unrelated to their crimes, such as missing an appointment with a parole officer, leaving the county without permission, or drinking alcohol. H.B. 1449 seeks to address this issue by prohibiting judges from revoking community supervision for technical violations. Unless the violation in question involves being arrested for, charged with, or convicted of an offense; failing to report to a supervision officer for 180 days or more; or contacting the victim of the offense for which the defendant was placed on community supervision, the violation is considered a technical violation. H.B. 1449 also requires judges to treat multiple technical violations that arise from the same event as a single violation and caps the length of confinement for technical violations  at 180 days. Judges would still have the ability to revoke community supervision for those who have committed the violations listed above or have had their community supervision continued, extended, or modified three or more times. Finally, the legislation would require some of the resulting cost savings to be distributed to the community justice assistance division of the Texas Department of Criminal Justice.

 

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

 

H.B. 1449 amends the Code of Criminal Procedure to set out procedures that apply when a defendant on community supervision for a nonviolent offense that is punishable as a state jail felony or a third degree felony commits a technical violation of a condition of community supervision, which is any violation other than a violation that involves the following:

·         being arrested for, charged with, or convicted of an offense;

·         failing to report to a supervision officer as directed for 180 days or more; or

·         contacting the victim of the offense for which the defendant was placed on community supervision.

 

H.B. 1449 prohibits a judge from revoking an applicable defendant's community supervision if the judge, after a hearing, determines that the defendant committed only a technical violation. However, the judge may continue, extend, or modify the defendant's community supervision. If the judge requires the defendant to serve a term of confinement, the term may not exceed:

·         45 days if the defendant's community supervision has not previously been continued, extended, or modified under the bill's provisions;

·         90 days if the defendant's community supervision has previously been continued, extended, or modified under the bill's provisions; or

·         180 days if the defendant's community supervision has previously been continued, extended, or modified two times under the bill's provisions.

The bill authorizes a judge to credit time spent by a defendant participating in alcohol or substance abuse counseling or treatment toward any such term of confinement.

 

H.B. 1449 requires a judge who determines that an applicable defendant committed one or more technical violations of community supervision arising out of the same transaction to treat the violations as a single violation. The bill expressly does not limit the authority of a judge to revoke a defendant's community supervision or to impose a term of confinement for the following:

·         a violation of community supervision that is not a technical violation to which the bill's provisions apply; or

·         a technical violation of community supervision if the defendant's community supervision has previously been continued, extended, or modified three or more times under the bill's provisions.

The bill's procedures regarding technical violations of community supervision apply to a defendant on community supervision on or after the bill's effective date, regardless of whether the defendant was placed on community supervision before, on, or after that date.

 

H.B. 1449 amends the Government Code to require the Texas Department of Criminal Justice (TDCJ) to adopt policies and procedures to do the following:

·         determine the cost savings to TDCJ realized through continuing, extending, or modifying the community supervision of a defendant who commits a technical violation as provided by the bill's provisions, instead of revoking the defendant's community supervision;

·         provide one-third of the cost savings to the community justice assistance division of TDCJ to be allocated to individual community supervision and corrections departments and used for the same purpose that state aid is used; and

·         provide one-third of the cost savings to the division to be used for making certain payments to community supervision and corrections departments with a feasible commitment reduction plan.

 

EFFECTIVE DATE

 

September 1, 2023.