Bill Text: TX HB1653 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to pretrial diversion programs funded by the community justice assistance division of the Texas Department of Criminal Justice.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-02 - Considered in Calendars [HB1653 Detail]
Download: Texas-2019-HB1653-Comm_Sub.html
86R20299 JRR-D | |||
By: White, et al. | H.B. No. 1653 | ||
Substitute the following for H.B. No. 1653: | |||
By: Sherman, Sr. | C.S.H.B. No. 1653 |
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relating to pretrial diversion programs funded by the community | ||
justice assistance division of the Texas Department of Criminal | ||
Justice. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 509.001(1), Government Code, is amended | ||
to read as follows: | ||
(1) "Community corrections facility" means a physical | ||
structure, established by the judges described by Section 76.002 | ||
after authorization of the establishment of the structure has been | ||
included in a department's strategic plan, that is operated by the | ||
department or operated for the department by an entity under | ||
contract with the department, for the purpose of treating persons | ||
who have been placed on community supervision or who are | ||
participating in a pretrial diversion [ |
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operated under Section 76.011 or a drug court program established | ||
under Chapter 123 or former law and providing services and programs | ||
to modify criminal behavior, deter criminal activity, protect the | ||
public, and restore victims of crime. The term includes: | ||
(A) a restitution center; | ||
(B) a court residential treatment facility; | ||
(C) a substance abuse treatment facility; | ||
(D) a custody facility or boot camp; | ||
(E) a facility for an offender with a mental | ||
impairment, as defined by Section 614.001, Health and Safety Code; | ||
and | ||
(F) an intermediate sanction facility. | ||
SECTION 2. Section 509.003(a), Government Code, is amended | ||
to read as follows: | ||
(a) The division shall propose and the board shall adopt | ||
reasonable rules establishing: | ||
(1) minimum standards for programs, community | ||
corrections facilities and other facilities, equipment, and other | ||
aspects of the operation of departments; | ||
(2) a list and description of core services that | ||
should be provided by each department; | ||
(3) methods for measuring the success of community | ||
supervision and corrections programs, including methods for | ||
measuring rates of diversion, program completion, and recidivism; | ||
(4) a format for strategic plans; [ |
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(5) minimum standards for the operation of substance | ||
abuse facilities and programs funded through the division; and | ||
(6) minimum standards for the operation of pretrial | ||
diversion programs funded through the division. | ||
SECTION 3. Chapter 509, Government Code, is amended by | ||
adding Section 509.0045 to read as follows: | ||
Sec. 509.0045. PRETRIAL DIVERSION INFORMATION MANAGEMENT | ||
SYSTEM; REPORTING OF INFORMATION. (a) The division shall | ||
establish and operate an information management system to be used | ||
by departments, municipalities, and counties that receive funds | ||
under this chapter for pretrial diversion programs. | ||
(b) The system established under Subsection (a) must assist | ||
departments, municipalities, and counties in: | ||
(1) identifying defendants who are eligible for | ||
pretrial diversion programs; | ||
(2) collecting and accessing information relating to | ||
the defendants; | ||
(3) selecting appropriate release conditions for the | ||
defendants; | ||
(4) monitoring the defendants' compliance with release | ||
conditions; and | ||
(5) performing other functions related to defendants | ||
participating in pretrial diversion programs. | ||
(c) The division shall require each department, | ||
municipality, and county that receives funds under this chapter for | ||
a pretrial diversion program to report, in the manner prescribed by | ||
the division, information requested by the division that relates | ||
to: | ||
(1) the development or operation of the pretrial | ||
diversion program for which the recipient receives funds under this | ||
chapter; or | ||
(2) a defendant participating in a pretrial diversion | ||
program described by Subdivision (1). | ||
SECTION 4. Section 509.0071(f), Government Code, is amended | ||
to read as follows: | ||
(f) A department or regional partnership of departments may | ||
use funds received under Subsection (e) to provide any program or | ||
service that a department is authorized to provide under other law, | ||
including implementing, administering, and supporting | ||
evidence-based community supervision strategies, electronic | ||
monitoring, substance abuse and mental health counseling and | ||
treatment, specialized community supervision caseloads, | ||
intermediate sanctions, victims' services, restitution collection, | ||
short-term incarceration in county jails, specialized courts, | ||
pretrial services, pretrial diversion [ |
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and work release and day reporting centers. | ||
SECTION 5. Sections 509.011(a), (b), (e), and (f), | ||
Government Code, are amended to read as follows: | ||
(a) If the division determines that a department complies | ||
with division standards and if the department has submitted a | ||
strategic plan under Section 509.007 and the supporting information | ||
required by the division and the division determines the plan and | ||
supporting information are acceptable, the division shall prepare | ||
and submit to the comptroller vouchers for payment to the | ||
department as follows: | ||
(1) for per capita funding, a per diem amount for each | ||
felony defendant on community supervision who is directly | ||
supervised by the department pursuant to lawful authority; | ||
(2) for per capita funding, a per diem amount for a | ||
period not to exceed 182 days for each defendant on community | ||
supervision who is supervised by the department pursuant to lawful | ||
authority, other than a [ |
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(1); [ |
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(3) for per capita funding, a per diem amount for each | ||
felony defendant participating in a pretrial diversion program who | ||
is directly supervised by the department pursuant to lawful | ||
authority; | ||
(4) for per capita funding, a per diem amount for a | ||
period not to exceed 182 days for each defendant participating in a | ||
pretrial diversion program who is supervised by the department | ||
pursuant to lawful authority, other than a defendant described by | ||
Subdivision (3); and | ||
(5) for formula funding, an annual amount as computed | ||
by multiplying a percentage determined by the allocation formula | ||
established under Subsection (f) times the total amount provided in | ||
the General Appropriations Act for payments under this subdivision. | ||
(b) The division may use discretionary grant funds to | ||
further the purposes of this chapter by contracting for services | ||
with state agencies or nonprofit organizations. The division may | ||
also make discretionary grants to departments, municipalities, or | ||
counties for the following purposes: | ||
(1) development and operation of pretrial and | ||
presentencing services; | ||
(2) development and operation of pretrial diversion | ||
programs that meet the standards adopted under Section | ||
509.003(a)(6); | ||
(3) electronic monitoring services, surveillance | ||
supervision programs, and controlled substances testing services; | ||
(4) [ |
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effectiveness of community corrections programs, if the research is | ||
conducted in cooperation with the Criminal Justice Policy Council; | ||
(5) [ |
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(6) [ |
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defendants who exhibit levels of risk or needs indicating a need for | ||
confinement and treatment[ |
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(7) [ |
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correctional centers under Subchapter H, Chapter 351, Local | ||
Government Code, or community corrections facilities for which the | ||
division has established standards under Section 509.006; | ||
(8) [ |
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alternative to incarceration programs under Section 76.017; and | ||
(9) [ |
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the division and approved by the board. | ||
(e) In establishing per diem payments authorized by | ||
Subsections (a)(1), [ |
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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. | ||
(f) The division annually shall compute for each department | ||
for community corrections program formula funding a percentage | ||
determined by assigning equal weights to the percentage of the | ||
state's population residing in the counties served by the | ||
department and the department's percentage of all felony defendants | ||
in the state under direct community supervision or pretrial | ||
diversion supervision. The division shall use the most recent | ||
information available in making computations under this | ||
subsection. The board by rule may adopt a policy limiting for all | ||
departments the percentage of benefit or loss that may be realized | ||
as a result of the operation of the formula. | ||
SECTION 6. Section 509.013, Government Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) In awarding a grant for the development or operation of | ||
a pretrial diversion program, the division shall give priority to | ||
programs that: | ||
(1) establish pretrial diversion programs for state | ||
jail felony defendants; | ||
(2) place eligible defendants into pretrial diversion | ||
programs as soon as practicable after each defendant's arrest; or | ||
(3) seek to ensure that defendants successfully | ||
satisfy the requirements of the program in a timely and efficient | ||
manner. | ||
SECTION 7. Article 42A.602(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) If a judge requires as a condition of community | ||
supervision or participation in a pretrial diversion | ||
[ |
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Code, or a drug court program established under Chapter 123, | ||
Government Code, or former law that the defendant serve a term of | ||
confinement in a community corrections facility, the term may not | ||
exceed 24 months. | ||
SECTION 8. Article 42A.604(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) As directed by the judge, the community corrections | ||
facility director shall file with the community supervision and | ||
corrections department director or administrator of a drug court | ||
program, as applicable, a copy of an evaluation made by the facility | ||
director of the defendant's behavior and attitude at the facility. | ||
The community supervision and corrections department director or | ||
program administrator shall examine the evaluation, make written | ||
comments on the evaluation that the director or administrator | ||
considers relevant, and file the evaluation and comments with the | ||
judge who granted community supervision to the defendant or placed | ||
the defendant in a pretrial diversion [ |
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drug court program. If the evaluation indicates that the defendant | ||
has made significant progress toward compliance with court-ordered | ||
conditions of community supervision or objectives of placement in | ||
the program, as applicable, the judge may release the defendant | ||
from the community corrections facility. A defendant who served a | ||
term in the facility as a condition of community supervision shall | ||
serve the remainder of the defendant's community supervision under | ||
any terms and conditions the court imposes under this chapter. | ||
SECTION 9. Article 55.01(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) A person who has been placed under a custodial or | ||
noncustodial arrest for commission of either a felony or | ||
misdemeanor is entitled to have all records and files relating to | ||
the arrest expunged if: | ||
(1) the person is tried for the offense for which the | ||
person was arrested and is: | ||
(A) acquitted by the trial court, except as | ||
provided by Subsection (c); or | ||
(B) convicted and subsequently: | ||
(i) pardoned for a reason other than that | ||
described by Subparagraph (ii); or | ||
(ii) pardoned or otherwise granted relief | ||
on the basis of actual innocence with respect to that offense, if | ||
the applicable pardon or court order clearly indicates on its face | ||
that the pardon or order was granted or rendered on the basis of the | ||
person's actual innocence; or | ||
(2) the person has been released and the charge, if | ||
any, has not resulted in a final conviction and is no longer pending | ||
and there was no court-ordered community supervision under Chapter | ||
42A for the offense, unless the offense is a Class C misdemeanor, | ||
provided that: | ||
(A) regardless of whether any statute of | ||
limitations exists for the offense and whether any limitations | ||
period for the offense has expired, an indictment or information | ||
charging the person with the commission of a misdemeanor offense | ||
based on the person's arrest or charging the person with the | ||
commission of any felony offense arising out of the same | ||
transaction for which the person was arrested: | ||
(i) has not been presented against the | ||
person at any time following the arrest, and: | ||
(a) at least 180 days have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a Class C misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(b) at least one year has elapsed from | ||
the date of arrest if the arrest for which the expunction was sought | ||
was for an offense punishable as a Class B or A misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(c) at least three years have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a felony or if there was a | ||
felony charge arising out of the same transaction for which the | ||
person was arrested; or | ||
(d) the attorney representing the | ||
state certifies that the applicable arrest records and files are | ||
not needed for use in any criminal investigation or prosecution, | ||
including an investigation or prosecution of another person; or | ||
(ii) if presented at any time following the | ||
arrest, was dismissed or quashed, and the court finds that the | ||
indictment or information was dismissed or quashed because: | ||
(a) the person completed a veterans | ||
treatment court program created under Chapter 124, Government Code, | ||
or former law, subject to Subsection (a-3); | ||
(b) the person completed a pretrial | ||
diversion [ |
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Government Code, other than a veterans treatment court program | ||
created under Chapter 124, Government Code, or former law; | ||
(c) the presentment had been made | ||
because of mistake, false information, or other similar reason | ||
indicating absence of probable cause at the time of the dismissal to | ||
believe the person committed the offense; or | ||
(d) the indictment or information was | ||
void; or | ||
(B) prosecution of the person for the offense for | ||
which the person was arrested is no longer possible because the | ||
limitations period has expired. | ||
SECTION 10. Article 102.012, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 102.012. FEES FOR PRETRIAL DIVERSION [ |
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PROGRAMS. (a) A court that authorizes a defendant to participate | ||
in a pretrial diversion [ |
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Section 76.011, Government Code, may order the defendant to pay to | ||
the court a supervision fee in an amount not more than $60 per month | ||
as a condition of participating in the program. | ||
(b) In addition to or in lieu of the supervision fee | ||
authorized by Subsection (a), the court may order the defendant to | ||
pay or reimburse a community supervision and corrections department | ||
for any other expense that is: | ||
(1) incurred as a result of the defendant's | ||
participation in the pretrial diversion [ |
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other than an expense described by Article 102.0121; or | ||
(2) necessary to the defendant's successful completion | ||
of the program. | ||
SECTION 11. Article 102.0121, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 102.0121. FEES FOR CERTAIN EXPENSES RELATED TO | ||
PRETRIAL DIVERSION [ |
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attorney, criminal district attorney, or county attorney may | ||
collect a fee in an amount not to exceed $500 to be used to reimburse | ||
a county for expenses, including expenses of the district | ||
attorney's, criminal district attorney's, or county attorney's | ||
office, related to a defendant's participation in a pretrial | ||
diversion [ |
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(b) The district attorney, criminal district attorney, or | ||
county attorney may collect the fee from any defendant who | ||
participates in a pretrial diversion [ |
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administered in any part by the attorney's office. | ||
(c) Fees collected under this article shall be deposited in | ||
the county treasury in a special fund to be used solely to | ||
administer the pretrial diversion [ |
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expenditure from the fund may be made only in accordance with a | ||
budget approved by the commissioners court. | ||
SECTION 12. Sections 76.011(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) The department may operate programs for: | ||
(1) the supervision and rehabilitation of persons in | ||
pretrial diversion [ |
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(2) the supervision of persons released on bail under: | ||
(A) Chapter 11, Code of Criminal Procedure; | ||
(B) Chapter 17, Code of Criminal Procedure; | ||
(C) Article 44.04, Code of Criminal Procedure; or | ||
(D) any other law; | ||
(3) the supervision of a person subject to, or the | ||
verification of compliance with, a court order issued under: | ||
(A) Article 17.441, Code of Criminal Procedure, | ||
requiring a person to install a deep-lung breath analysis mechanism | ||
on each vehicle owned or operated by the person; | ||
(B) Chapter 123 of this code or former law, | ||
issuing an occupational driver's license; | ||
(C) Section 49.09(h), Penal Code, requiring a | ||
person to install a deep-lung breath analysis mechanism on each | ||
vehicle owned or operated by the person; or | ||
(D) Subchapter L, Chapter 521, Transportation | ||
Code, granting a person an occupational driver's license; and | ||
(4) the supervision of a person not otherwise | ||
described by Subdivision (1), (2), or (3), if a court orders the | ||
person to submit to the supervision of, or to receive services from, | ||
the department. | ||
(c) A person in a pretrial diversion [ |
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operated by the department under Subsection (a) may be supervised | ||
for a period not to exceed two years. | ||
SECTION 13. 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)(17) [ |
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. . . 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)(20) | ||
[ |
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(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 diversion [ |
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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 14. Section 351.184(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) To certify county correctional centers as eligible for | ||
state funding under Section 509.011(b)(7) [ |
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Government Code, the community justice assistance division of the | ||
Texas Department of Criminal Justice, with the assistance of the | ||
Commission on Jail Standards, shall develop standards for the | ||
physical plant and operations of county correctional centers. | ||
SECTION 15. As soon as practicable after the effective date | ||
of this Act, the Texas Board of Criminal Justice shall adopt rules | ||
establishing minimum standards for the operation of a pretrial | ||
diversion program funded by the community justice assistance | ||
division of the Texas Department of Criminal Justice, as required | ||
by Section 509.003(a), Government Code, as amended by this Act. | ||
SECTION 16. Section 509.011(a), Government Code, as amended | ||
by this Act, applies only to a payment to a community supervision | ||
and corrections department based on a voucher submitted to the | ||
comptroller on or after the effective date of this Act. | ||
SECTION 17. This Act takes effect September 1, 2019. |