H.B. No. 1930
 
 
 
 
AN ACT
  relating to strategic planning for the operation of community
  supervision and corrections departments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 76.002(a), Government Code, is amended
  to read as follows:
         (a)  The district judge or district judges trying criminal
  cases in each judicial district and the statutory county court
  judges trying criminal cases in the county or counties served by the
  judicial district shall:
               (1)  establish a community supervision and corrections
  department; and
               (2)  approve the department's budget and strategic
  [community justice] plan.
         SECTION 2.  Sections 76.003(a) and (b), Government Code, are
  amended to read as follows:
         (a)  A community justice council may [must] be established by
  the commissioners court of a county [judges described by Section
  76.002 who are served by a department], unless a board or council
  that was in existence on September 1, 1991, is performing duties
  substantially similar to those imposed on a community justice
  council under this section.  The council shall provide continuing
  policy guidance and direction for criminal [the development of
  community] justice planning [plans and community corrections
  facilities], programs, and initiatives [conditions of community
  supervision].
         (b)  A council may [should] consist of the following persons
  or their designees:
               (1)  a sheriff of a county served by the department,
  chosen by the sheriffs of the counties to be served by the
  department;
               (2)  a county commissioner or a county judge from a
  county served by the department, chosen by the county commissioners
  and county judges of the counties served by the department;
               (3)  a city council member of the most populous
  municipality in a county served by the department, chosen by the
  members of the city councils of cities served by the department;
               (4)  not more than two state legislators elected from a
  county served by the department, or in a county with a population of
  one million or more to be served by the department, not more than
  one state senator and one state representative elected from the
  county, chosen by the state legislators elected from the county or
  counties served by the department;
               (5)  the presiding judge from a judicial district
  served by the department, chosen by the district judges from the
  judicial districts served by the department;
               (6)  a judge of a statutory county court exercising
  criminal jurisdiction in a county served by the department, chosen
  by the judges of statutory county courts with criminal jurisdiction
  in the counties served by the department;
               (7)  a county attorney with criminal jurisdiction from
  a county served by the department, chosen by the county attorneys
  with criminal jurisdiction from the counties served by the
  department;
               (8)  a district attorney or criminal district attorney
  from a judicial district served by the department, chosen by the
  district attorneys or criminal district attorneys from the judicial
  districts served by the department;
               (9)  an elected member of the board of trustees of an
  independent school district in a county served by the department,
  chosen by the members of the boards of trustees of independent
  school districts located in counties served by the department; and
               (10)  the department director.
         SECTION 3.  Section 76.006(j), Government Code, is amended
  to read as follows:
         (j)  The attorney general shall defend a statutory county
  court judge in an action in state or federal court if:
               (1)  the cause of action is the result of the judge
  performing a duty described by Section 76.002[, 76.003,] or 76.004;
  and
               (2)  the judge requests the attorney general's
  assistance in the defense.
         SECTION 4.  Section 76.010(c), Government Code, is amended
  to read as follows:
         (c)  The department may authorize expenditures of funds
  provided by the division to the department for the purposes of
  providing facilities, equipment, and utilities for community
  corrections facilities or state jail felony facilities if:
               (1)  the judges described by Section 76.002 recommend
  [community justice council recommends] the expenditures; and
               (2)  the division, or the correctional institutions
  division of the Texas Department of Criminal Justice in the case of
  a state jail felony facility, provides funds for the purpose of
  assisting in the establishment or improvement of the facilities.
         SECTION 5.  Section 121.002(c), Government Code, is amended
  to read as follows:
         (c)  Notwithstanding any other law, a specialty court
  program may not operate until the judge, magistrate, or
  coordinator:
               (1)  provides to the criminal justice division of the
  governor's office:
                     (A)  written notice of the program;
                     (B)  any resolution or other official declaration
  under which the program was established; and
                     (C)  a copy of the applicable strategic [community
  justice] plan that incorporates duties related to supervision that
  will be required under the program; and
               (2)  receives from the division written verification of
  the program's compliance with Subdivision (1).
         SECTION 6.  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 [the local community justice]
  plan, that is operated by the [a] department or operated for the [a]
  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 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 7.  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 [community justice] plans;
  and
               (5)  minimum standards for the operation of substance
  abuse facilities and programs funded through the division.
         SECTION 8.  Sections 509.004(a) and (c), Government Code,
  are amended to read as follows:
         (a)  The division shall require each department to:
               (1)  keep financial and statistical records determined
  necessary by the division;
               (2)  submit a strategic [community justice] plan and
  all supporting information requested by the division;
               (3)  present data requested by the division as
  necessary to determine the amount of state aid for which the
  department is eligible;
               (4)  submit periodic financial audits and statistical
  reports to the division; and
               (5)  submit to the Department of Public Safety the full
  name, address, date of birth, social security number, and driver's
  license number of each person restricted to the operation of a motor
  vehicle equipped with a device that uses a deep-lung breath
  analysis mechanism to make impractical the operation of the motor
  vehicle if ethyl alcohol is detected in the breath of the restricted
  operator.
         (c)  The division shall prepare a report that contains a
  [detailed] summary of the programs and services provided by
  departments, as described in each strategic [community justice]
  plan submitted to the division under Section 509.007.  [The report
  must include:
               [(1)     all financial information relating to the
  programs and services described in each community justice plan; and
               [(2)     information concerning the amount of state aid
  and funding that is not state aid used to support each program or
  service provided by a department.]
         SECTION 9.  Section 509.007, Government Code, is amended to
  read as follows:
         Sec. 509.007.  STRATEGIC [COMMUNITY JUSTICE] PLAN. (a)  The
  division shall require as a condition to payment of state aid to a
  department or county under Section 509.011 [and eligibility for
  payment of costs under Section 499.124] that a strategic [community
  justice] plan be submitted for the department.  The department
  [community justice council] shall submit the plan required by this
  subsection.  A department [community justice council] may not
  submit a plan under this section unless the plan is first approved
  by the judges described by Section 76.002 who established the
  department [served by the council].  The department [council]
  shall submit a revised plan to the division each even-numbered year
  not later than March 1.  A plan may be amended at any time with the
  approval of the division.
         (b)  A strategic [community justice] plan required under
  this section must include:
               (1)  a statement of goals and priorities and of
  commitment by the department and [community justice council,] the
  judges described by Section 76.002 who established the department[,
  and the department director] to achieve a targeted level of
  alternative sanctions;
               (2)  a description of methods for measuring the success
  of programs provided by the department or provided by an entity
  served by the department;
               (3)  a summary [proposal for the use of state jail
  felony facilities and, at the discretion of the community justice
  council, a regional proposal for the construction, operation,
  maintenance, or management of a state jail felony facility by a
  county, a community supervision and corrections department, or a
  private vendor under a contract with a county or a community
  supervision and corrections department;
               [(4)  a description] of the programs and services the
  department provides or intends to provide, including a separate
  summary [description] of:
                     (A)  any services the department intends to
  provide in relation to a specialty court program; and
                     (B)  any programs or other services the department
  intends to provide to enhance public safety, reduce recidivism,
  strengthen the investigation and prosecution of criminal offenses,
  improve programs and services available to victims of crime, and
  increase the amount of restitution collected from persons
  supervised by the department; and
               (4) [(5)]  an outline of the department's projected
  programmatic and budgetary needs, based on the programs and
  services the department both provides and intends to provide.
         SECTION 10.  Section 509.0071(a), Government Code, is
  amended to read as follows:
         (a)  In addition to submitting a strategic [community
  justice] plan to the division under Section 509.007, a department
  or a regional partnership of departments may submit a commitment
  reduction plan to the division not later than the 60th day after the
  date on which the time for gubernatorial action on the state budget
  has expired under Section 14, Article IV, Texas Constitution.
         SECTION 11.  Section 509.010(f), Government Code, is amended
  to read as follows:
         (f)  A department, a county, a municipality, or a combination
  involving more than one of those entities may not take an action
  under Section 76.010 unless the [community justice council serving
  the] entity or entities hold [holds] a public meeting before the
  action is taken, with notice provided and the hearing to be held in
  the same manner as provided by Subsections (a) through (e).
         SECTION 12.  Sections 509.011(a) and (d), Government Code,
  are amended to read as follows:
         (a)  If the division determines that a department complies
  with division standards and if the department [community justice
  council] has submitted a strategic [community justice] 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 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 supervised by the
  department pursuant to lawful authority, other than a felony
  defendant; and
               (3)  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.
         (d)  The division shall provide state aid to each department
  on a biennial basis, pursuant to the strategic [community justice]
  plan for the biennium submitted by the department. A department
  with prior division approval may transfer funds from one program or
  function to another program or function.
         SECTION 13.  Sections 499.151(d) and 507.001(e), Government
  Code, are repealed.
         SECTION 14.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1930 was passed by the House on May 8,
  2015, by the following vote:  Yeas 142, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1930 was passed by the Senate on May
  27, 2015, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor