87R2344 JRR-F     By: White H.B. No. 2190       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of and punishment for certain state   jail felony offenders, including the creation of a pretrial   intervention program for certain state jail felony offenders;   authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 42A, Code of Criminal   Procedure, is amended by adding Article 42A.1025 to read as   follows:          Art. 42A.1025.  MANDATORY PLACEMENT ON DEFERRED   ADJUDICATION COMMUNITY SUPERVISION; CERTAIN STATE JAIL FELONY   OFFENDERS. (a) This article applies only to a defendant who:                (1)  is charged with a state jail felony punishable   under Section 12.35(a), Penal Code;                (2)  with respect to the offense described by   Subdivision (1):                       (A)  did not participate in a state jail felony   pretrial intervention program established under Chapter 127,   Government Code, regardless of whether the defendant was eligible   to participate in the program based on the specific state jail   felony offense charged; or                      (B)  was placed into the program described by   Paragraph (A) but did not successfully complete the program; and                (3)  has not previously been convicted of or placed on   deferred adjudication community supervision for a state jail   felony.          (b)  On request of a defendant described by Subsection (a), a   judge shall place the defendant on deferred adjudication community   supervision.          (c)  Notwithstanding Article 42A.103(a), the period of   deferred adjudication community supervision may not be less than   two years and may not exceed four years.          SECTION 2.  Article 42A.110(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  A court assessing punishment after an adjudication of   guilt of a defendant charged with a state jail felony may suspend   the imposition of the sentence and place the defendant on community   supervision or may order the sentence to be executed, regardless of   whether the defendant has previously been convicted of a felony.     Notwithstanding any other law, if the court orders the sentence to   be executed following an adjudication of guilt for a state jail   felony that is punishable under Section 12.35(a), Penal Code, the   defendant shall be punishable by confinement in a community   corrections facility, as defined by Section 509.001, Government   Code, for a term not to exceed two years.          SECTION 3.  Article 59.062(f), Code of Criminal Procedure,   is amended to read as follows:          (f)  A civil penalty collected under this article shall be   deposited to the credit of the drug court account in the general   revenue fund to help fund specialty court programs established   under Chapter 122, 123, 124, 125, 127, or 129, Government Code, or   former law.          SECTION 4.  Subtitle K, Title 2, Government Code, is amended   by adding Chapter 127 to read as follows:   CHAPTER 127. PRETRIAL INTERVENTION PROGRAM FOR CERTAIN STATE JAIL   FELONY OFFENDERS          Sec. 127.001.  STATE JAIL FELONY PRETRIAL INTERVENTION   PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this   chapter, "state jail felony pretrial intervention program" means a   program that has the following essential characteristics:                (1)  the integration of services in the processing of   cases in the judicial system;                (2)  the use of a nonadversarial approach involving   prosecutors and defense attorneys to promote public safety and to   protect the due process rights of program participants;                (3)  early identification and prompt placement of   eligible participants in the program;                (4)  access to a continuum of alcohol, controlled   substance, mental health, and other related treatment and   rehabilitative services;                (5)  careful monitoring of treatment and services   provided to program participants;                (6)  a coordinated strategy to govern program responses   to participants' compliance;                (7)  ongoing judicial interaction with program   participants;                (8)  monitoring and evaluation of program goals and   effectiveness;                (9)  continuing interdisciplinary education to promote   effective program planning, implementation, and operations;                (10)  development of partnerships with public agencies   and community organizations; and                (11)  inclusion of a participant's family members who   agree to be involved in the treatment and services provided to the   participant under the program.          (b)  If a defendant successfully completes a state jail   felony pretrial intervention program, after notice to the attorney   representing the state and a hearing in the state jail felony   pretrial intervention program court at which that court determines   that a dismissal is in the best interest of justice, the court in   which the criminal case is pending shall dismiss the case against   the defendant.          Sec. 127.002.  ESTABLISHMENT OF PROGRAM; DEFENDANT   ELIGIBILITY. (a)  The commissioners court of a county shall   establish a state jail felony pretrial intervention program for   persons arrested for or charged with a state jail felony punishable   under Section 12.35(a), Penal Code, other than a state jail felony   under:                (1)  Article 62.102, Code of Criminal Procedure;                (2)  Section 261.107 or 261.109, Family Code;                (3)  Section 171.103, 171.153, or 485.032, Health and   Safety Code;                (4)  Section 48.052, Human Resources Code; or                (5)  Section 19.05, 21.09, 21.18, 22.04, 22.041, 22.07,   22.08, 25.031, 38.14, 38.151, 39.04, 43.262, 48.03, or 49.045,   Penal Code.          (b)  A defendant is eligible to participate in a state jail   felony pretrial intervention program established under this   chapter only if the attorney representing the state consents to the   defendant's participation in the program. An eligible defendant may   participate in the state jail felony pretrial intervention program   regardless of whether the defendant previously participated in a   state jail felony pretrial intervention program established under   this chapter.          (c)  The court in which the criminal case is pending shall   allow an eligible defendant to choose whether to proceed through   the state jail felony pretrial intervention program or otherwise   through the criminal justice system.          Sec. 127.003.  DUTIES OF STATE JAIL FELONY PRETRIAL   INTERVENTION PROGRAM. (a) A state jail felony pretrial   intervention program established under this chapter must:                (1)  prioritize the acceptance of defendants eligible   for participation in the program who have not:                      (A)  previously been convicted of or placed on   deferred adjudication community supervision for a felony offense;   or                      (B)  previously participated in a state jail   felony pretrial intervention program established under this   chapter;                (2)  ensure that a defendant eligible for participation   in the program is provided legal counsel before electing to proceed   through the program and while participating in the program;                (3)  allow a participant to withdraw from the program   at any time before a trial on the merits has been initiated;                (4)  provide a participant with a court-ordered   individualized treatment plan indicating the services that will be   provided to the participant; and                (5)  ensure that the jurisdiction of the program   continues for a minimum period of not less than six months but does   not continue beyond the maximum period allowed under Article   42A.1025(c), Code of Criminal Procedure, for a grant of deferred   adjudication community supervision to a defendant charged with a   state jail felony punishable under Section 12.35(a), Penal Code.          (b)  A state jail felony pretrial intervention program   established under this chapter shall make, establish, and publish   local procedures to ensure maximum participation of eligible   defendants in the county or counties in which those defendants   reside.          (c)  A state jail felony pretrial intervention program may   allow a participant to comply with the participant's court-ordered   individualized treatment plan or to fulfill certain other court   obligations through the use of videoconferencing software or other   Internet-based communications.          (d)  This chapter does not prevent the initiation of   procedures under Chapter 46B, Code of Criminal Procedure.          Sec. 127.004.  ESTABLISHMENT OF REGIONAL PROGRAM. The   commissioners courts of two or more counties may elect to establish   a regional state jail felony pretrial intervention program under   this chapter for the participating counties.          Sec. 127.005.  REIMBURSEMENT FEES. (a)  A state jail felony   pretrial intervention program established under this chapter may   collect from a participant in the program:                (1)  a reasonable reimbursement fee for the program not   to exceed $1,000; and                (2)  a testing, counseling, and treatment   reimbursement fee in an amount necessary to cover the costs of any   testing, counseling, or treatment performed or provided under the   program.          (b)  Reimbursement fees collected under this section may be   paid on a periodic basis or on a deferred payment schedule at the   discretion of the judge, magistrate, or coordinator.  The fees must   be:                (1)  based on the participant's ability to pay; and                (2)  used only for purposes specific to the program.          Sec. 127.006.  COURTESY SUPERVISION. (a) A state jail   felony pretrial intervention program that accepts placement of a   defendant may transfer responsibility for supervising the   defendant's participation in the program to another state jail   felony pretrial intervention program that is located in the county   where the defendant works or resides. The defendant's supervision   may be transferred under this section only with the consent of both   state jail felony pretrial intervention programs and the defendant.          (b)  A defendant who consents to the transfer of the   defendant's supervision must agree to abide by all rules,   requirements, and instructions of the state jail felony pretrial   intervention program that accepts the transfer.          (c)  If a defendant whose supervision is transferred under   this section does not successfully complete the program, the state   jail felony pretrial intervention program supervising the   defendant shall return the responsibility for the defendant's   supervision to the state jail felony pretrial intervention program   that initiated the transfer.          SECTION 5.  Section 772.0061(a)(2), Government Code, is   amended to read as follows:                (2)  "Specialty court" means:                      (A)  a commercially sexually exploited persons   court program established under Chapter 126 or former law;                      (B)  a family drug court program established under   Chapter 122 or former law;                      (C)  a drug court program established under   Chapter 123 or former law;                      (D)  a veterans treatment court program   established under Chapter 124 or former law;                      (E)  a mental health court program established   under Chapter 125 or former law;                      (F)  a state jail felony pretrial intervention   program established under Chapter 127; and                      (G) [(F)]  a public safety employees treatment   court program established under Chapter 129.          SECTION 6.  Section 772.0061(b), Government Code, is amended   to read as follows:          (b)  The governor shall establish the Specialty Courts   Advisory Council within the criminal justice division established   under Section 772.006 to:                (1)  evaluate applications for grant funding for   specialty courts in this state and to make funding recommendations   to the criminal justice division; and                (2)  make recommendations to the criminal justice   division regarding best practices for specialty courts established   under Chapter 122, 123, 124, 125, 127, or 129 or former law.          SECTION 7.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act. An   offense committed before the effective date of this Act is governed   by the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose.  For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense occurred before that date.          SECTION 8.  This Act takes effect September 1, 2021.