Bill Text: TX HB2650 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the establishment of a procedure for imposing intermediate sanctions on a person who violates certain conditions of community supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-11 - Committee report sent to Calendars [HB2650 Detail]
Download: Texas-2011-HB2650-Comm_Sub.html
82R24530 PEP-F | |||
By: Allen | H.B. No. 2650 | ||
Substitute the following for H.B. No. 2650: | |||
By: Allen | C.S.H.B. No. 2650 |
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relating to the establishment of a procedure for imposing | ||
intermediate sanctions on a person who violates certain conditions | ||
of community supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 76, Government Code, is amended by | ||
adding Section 76.0021 to read as follows: | ||
Sec. 76.0021. SYSTEM OF PROGRESSIVE INTERMEDIATE | ||
SANCTIONS. (a) In addition to performing the duties delegated | ||
under Section 76.002, the judges described by that section shall, | ||
for the district courts and county courts at law in the judicial | ||
district that try criminal cases: | ||
(1) adopt a single system of progressive intermediate | ||
sanctions for violations of conditions of community supervision | ||
that includes: | ||
(A) sanctions for a failure to report, to | ||
participate in a program or service, to refrain from the use of | ||
alcohol or a controlled substance, or to pay fines, fees, and costs; | ||
and | ||
(B) sanctions targeted for special cases or high | ||
risk offenders; and | ||
(2) establish a review process to follow in | ||
considering a reduction in or early termination of community | ||
supervision. | ||
(b) In adopting a system of progressive intermediate | ||
sanctions under this section, the judges described by Section | ||
76.002 shall consider and may adopt the model list of intermediate | ||
sanctions established under Section 509.017, Government Code. | ||
SECTION 2. Section 10, Article 42.12, Code of Criminal | ||
Procedure, is amended by amending Subsections (a), (d), and (e) and | ||
adding Subsections (d-1) and (d-2) to read as follows: | ||
(a) Only the court in which the defendant was tried may | ||
grant community supervision, impose conditions, revoke the | ||
community supervision, or discharge the defendant, unless the judge | ||
has transferred jurisdiction of the case to another court with the | ||
latter's consent. Except as provided by Subsections [ |
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(d) and (d-1) of this section, only the judge may alter conditions | ||
of community supervision. In a felony case, only the judge who | ||
originally sentenced the defendant may suspend execution thereof | ||
and place the defendant under community supervision pursuant to | ||
Section 6 of this article. If the judge who originally sentenced | ||
the defendant is deceased or disabled or if the office is vacant and | ||
the judge who originally sentenced the defendant is deceased or | ||
disabled or if the office is vacant and a motion is filed in | ||
accordance with Section 6 of this article, the clerk of the court | ||
shall promptly forward a copy of the motion to the presiding judge | ||
of the administrative judicial district for that court, who may | ||
deny the motion without a hearing or appoint a judge to hold a | ||
hearing on the motion. | ||
(d) A judge that places a defendant on community supervision | ||
may authorize the supervision officer supervising the defendant [ |
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community supervision for the limited purpose of imposing an | ||
intermediate sanction under Subsection (d-1) [ |
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intermediate sanction, a supervision officer shall provide written | ||
notice to the defendant of the nature of the violation or violations | ||
involved, the date on which each violation occurred, and the | ||
intermediate sanction to be imposed. | ||
(d-1) The imposition of an intermediate sanction under this | ||
section must conform with the system of progressive intermediate | ||
sanctions adopted under Section 76.0021, Government Code. On | ||
receipt of notice under Subsection (d), the defendant shall | ||
immediately accept or object to the imposition of the intermediate | ||
sanction. A defendant who objects to the imposition of the | ||
intermediate sanction is entitled to an administrative review to be | ||
conducted by the community supervision and corrections department | ||
supervising the defendant not later than the fifth day after the | ||
date the defendant received the notice. At the conclusion of the | ||
administrative review, the director of the community supervision | ||
and corrections department, or the director's designee, shall | ||
dismiss or affirm the imposition of the intermediate sanction. If | ||
the director or director's designee, as applicable, affirms the | ||
imposition of the intermediate sanction, the intermediate sanction | ||
becomes effective immediately. On successful completion of an | ||
intermediate sanction, the court may not revoke community | ||
supervision, proceed to an adjudication in the case, or impose any | ||
other sanction based on the violation for which the intermediate | ||
sanction was imposed. | ||
(d-2) A supervision officer may not: | ||
(1) impose an intermediate sanction under Subsection | ||
(d) or (d-1) in response to a violation of the terms of community | ||
supervision if the violation is based on the commission of a felony | ||
offense; or | ||
(2) impose as an intermediate sanction under | ||
Subsection (d) or (d-1) any condition extending the term of | ||
community supervision, increasing a fine, or placing a defendant in | ||
a correctional facility, as defined by Section 1.07, Penal Code. | ||
(e) A [ |
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modifies the conditions of community supervision by imposing an | ||
intermediate sanction[ |
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(1) deliver a copy of the modified conditions to the | ||
defendant; | ||
(2) [ |
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with the sentencing court; [ |
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(3) [ |
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the defendant's file. [ |
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SECTION 3. Section 11(a), Article 42.12, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) The judge of the court having jurisdiction of the case | ||
shall determine the conditions of community supervision and may, at | ||
any time during the period of community supervision, alter or | ||
modify the conditions. The judge may impose any reasonable | ||
condition that is designed to protect or restore the community, | ||
protect or restore the victim, or punish, rehabilitate, or reform | ||
the defendant. Conditions of community supervision may include, | ||
but shall not be limited to, the conditions that the defendant | ||
shall: | ||
(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, including any person, other than a family member of the | ||
defendant, who is an active member of a criminal street gang; | ||
(4) Report to the supervision officer as directed by | ||
the judge or supervision officer, [ |
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regulations of the community supervision and corrections | ||
department, and comply with any intermediate sanction imposed by | ||
the supervision officer under Section 10, unless the condition is | ||
dismissed by the director of the community supervision and | ||
corrections department or by the director's designee; | ||
(5) Permit the supervision officer to visit the | ||
defendant at the defendant's home or elsewhere; | ||
(6) Work faithfully at suitable employment as far as | ||
possible; | ||
(7) Remain within a specified place; | ||
(8) Pay the defendant's fine, if one is assessed, and | ||
all court costs whether a fine is assessed or not, in one or several | ||
sums; | ||
(9) Support the defendant's dependents; | ||
(10) Participate, for a time specified by the judge, | ||
in any community-based program, including a community-service work | ||
program under Section 16 of this article; | ||
(11) Reimburse the county in which the prosecution was | ||
instituted for compensation paid to appointed counsel for defending | ||
the defendant in the case, if counsel was appointed, or if the | ||
defendant was represented by a county-paid public defender, in an | ||
amount that would have been paid to an appointed attorney had the | ||
county not had a public defender; | ||
(12) Remain under custodial supervision in a community | ||
corrections facility, obey all rules and regulations of the | ||
facility, and pay a percentage of the defendant's income to the | ||
facility for room and board; | ||
(13) Pay a percentage of the defendant's income to the | ||
defendant's dependents for their support while under custodial | ||
supervision in a community corrections facility; | ||
(14) Submit to testing for alcohol or controlled | ||
substances; | ||
(15) Attend counseling sessions for substance abusers | ||
or participate in substance abuse treatment services in a program | ||
or facility approved or licensed by the Texas Commission on Alcohol | ||
and Drug Abuse; | ||
(16) With the consent of the victim of a misdemeanor | ||
offense or of any offense under Title 7, Penal Code, participate in | ||
victim-defendant mediation; | ||
(17) Submit to electronic monitoring; | ||
(18) 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 defendant's 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; | ||
(19) 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; | ||
(20) 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; | ||
(21) 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; | ||
(22) 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; | ||
(23) In any manner required by the judge, provide | ||
public notice of the offense for which the defendant was placed on | ||
community supervision in the county in which the offense was | ||
committed; and | ||
(24) Reimburse the county in which the prosecution was | ||
instituted for compensation paid to any interpreter in the case. | ||
SECTION 4. Chapter 509, Government Code, is amended by | ||
adding Section 509.017 to read as follows: | ||
Sec. 509.017. MODEL LIST OF PROGRESSIVE INTERMEDIATE | ||
SANCTIONS. The division shall establish a model list of | ||
progressive intermediate sanctions that may be adopted in a | ||
judicial district under Section 76.0021. | ||
SECTION 5. (a) The judges described by Section 76.002, | ||
Government Code, shall adopt the system and establish the review | ||
process required by Section 76.0021, Government Code, as added by | ||
this Act, not later than January 1, 2012. | ||
(b) The community justice assistance division of the Texas | ||
Department of Criminal Justice shall adopt the model list of | ||
progressive intermediate sanctions as required by Section 509.017, | ||
Government Code, as added by this Act, not later than November 1, | ||
2011. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |