83R818 BEF-F
	By: Ellis	S.B. No. 90

	A BILL TO BE ENTITLED
	AN ACT
	relating to community supervision for certain drug possession
	offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 15(a)(1) and (2), Article 42.12, Code
	of Criminal Procedure, are amended to read as follows:
	(1)  On conviction of a state jail felony under Section
	[481.115(b), 481.1151(b)(1), 481.116(b),] 481.1161(b)(3),
	481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
	punished under Section 12.35(a), Penal Code, the judge shall
	suspend the imposition of the sentence and place the defendant on
	community supervision, unless the defendant has previously been
	convicted of a felony, other than a felony punished under Section
	12.44(a), Penal Code, or unless the conviction resulted from an
	adjudication of the guilt of a defendant previously placed on
	deferred adjudication community supervision for the offense, in
	which event the judge may suspend the imposition of the sentence and
	place the defendant on community supervision or may order the
	sentence to be executed.  The provisions of this subdivision
	requiring the judge to suspend the imposition of the sentence and
	place the defendant on community supervision do not apply to a
	defendant who:
	(A)  [under Section 481.1151(b)(1), Health and
	Safety Code, possessed more than five abuse units of the controlled
	substance;
	[(B)]  under Section 481.1161(b)(3), Health and
	Safety Code, possessed more than one pound, by aggregate weight,
	including adulterants or dilutants, of the controlled substance; or
	(B) [(C)]  under Section 481.121(b)(3), Health
	and Safety Code, possessed more than one pound of marihuana.
	(2)  On conviction of a state jail felony punished
	under Section 12.35(a), Penal Code, other than a state jail felony
	listed in Subdivision (1) or a state jail felony that is a drug
	possession offense under Section 15B, the judge may suspend the
	imposition of the sentence and place the defendant on community
	supervision or may order the sentence to be executed.
	SECTION 2.  Article 42.12, Code of Criminal Procedure, is
	amended by adding Section 15B to read as follows:
	Sec. 15B.  COMMUNITY SUPERVISION FOR POSSESSION OF
	CONTROLLED SUBSTANCE.  (a)  In this section, "drug possession
	offense" means an offense under:
	(1)  Section 481.115, Health and Safety Code, that is
	punishable as a state jail felony or felony of the third degree;
	(2)  Section 481.1151 or 481.116, Health and Safety
	Code, that is punishable as a state jail felony; or
	(3)  Section 481.1161 or 481.121, Health and Safety
	Code, that is punishable as a Class A or B misdemeanor.
	(b)  On conviction of a drug possession offense, the judge
	shall suspend the imposition of the sentence and place the
	defendant on community supervision, except that the judge may order
	the sentence to be executed if:
	(1)  the judge determines by a preponderance of the
	evidence that the defendant:
	(A)  is a danger to the safety of others; or
	(B)  possessed the controlled substance with the
	intent to deliver the substance in violation of Section 481.112,
	481.1121, 481.113, or 481.120, Health and Safety Code, as
	applicable;
	(2)  the defendant has been previously convicted of an
	offense other than:
	(A)  a drug possession offense or a state jail
	felony listed in Section 15(a); or
	(B)  an offense under the Transportation Code
	punishable by fine only or an offense related to a pedestrian or the
	parking of a motor vehicle punishable by fine only;
	(3)  the defendant is convicted in the same proceeding
	of an additional offense, other than:
	(A)  a drug possession offense or a state jail
	felony listed in Section 15(a); or
	(B)  an offense under the Transportation Code
	punishable by fine only or an offense related to a pedestrian or the
	parking of a motor vehicle punishable by fine only;
	(4)  the judge determines that a drug treatment program
	or other treatment services that are appropriate for the defendant
	are not available in the area in which the defendant resides; or
	(5)  the judge determines by clear and convincing
	evidence, based on an evidence-based drug and alcohol assessment,
	that the defendant is unlikely to benefit from participation in a
	course of treatment in a drug treatment program or facility, and the
	defendant has been previously:
	(A)  convicted on two or more occasions of a drug
	possession offense or state jail felony listed in Section 15(a); or
	(B)  discharged from a drug court program
	established under Chapter 469, Health and Safety Code, after
	failing to successfully complete the program.
	(c)  A judge who makes a determination described by
	Subsection (b)(1), (4), or (5) to execute the defendant's sentence
	shall enter the reasons for making that determination in the record
	of the proceeding.
	(d)  The judge may suspend wholly or partly the imposition of
	any fine imposed on a conviction if a defendant is placed on
	community supervision under this section.
	(e)  A court granting community supervision under this
	section shall require as a condition of community supervision that
	the defendant:
	(1)  submit to an evidence-based risks and needs
	screening and evaluation procedure approved by the community
	justice assistance division of the Texas Department of Criminal
	Justice, including a procedure developed under Section 509.003(d),
	Government Code;
	(2)  if the evaluation indicates a need for treatment,
	participate in a prescribed course of treatment in a drug treatment
	program or facility:
	(A)  licensed or approved by the Department of
	State Health Services; or
	(B)  that complies with standards established by
	the community justice assistance division of the Texas Department
	of Criminal Justice;  and
	(3)  pay a fee to cover all or part of the cost of the
	course of treatment based on the defendant's ability to pay.
	(f)  A course of treatment under Subsection (e)(2) may
	include:
	(1)  treatment in a faith-based program;
	(2)  outpatient treatment;
	(3)  halfway house treatment;
	(4)  narcotic replacement therapy prescribed by a
	physician;
	(5)  drug education or prevention courses; and
	(6)  inpatient or residential drug treatment to address
	special detoxification, relapse, or severe dependence issues.
	(g)  In referring a defendant to a course of treatment under
	Subsection (e)(2) and imposing conditions for participation in the
	course of treatment, the judge shall order the defendant to
	participate in the level of treatment that the evaluation indicates
	is appropriate for the defendant to achieve:
	(1)  the outcome objectives prescribed by the drug
	treatment program or facility; and
	(2)  the recommendations of a drug treatment
	professional.
	(h)  A court granting community supervision under this
	section may require as a condition of community supervision, in
	addition to any required participation in a course of treatment
	under Subsection (e)(2) and other appropriate conditions, that the
	defendant participate in:
	(1)  vocational training;
	(2)  family counseling;
	(3)  literacy training; or
	(4)  community service.
	(i)  Notwithstanding Section 21(b), if a defendant placed on
	community supervision under this section violates the terms of that
	supervision by committing another drug possession offense or state
	jail felony listed in Section 15(a) or by violating any
	treatment-related condition of supervision, the judge may:
	(1)  use graduated sanctions and incentives offered to
	a defendant by the community supervision and corrections department
	supervising the defendant or the courts served by that department,
	including:
	(A)  global positioning or another form of
	electronic monitoring;
	(B)  mental health treatment or cognitive and
	behavioral programs;
	(C)  alcohol or substance abuse monitoring and
	testing;
	(D)  faith-based community programs and
	resources, including mentoring programs;
	(E)  placing the defendant under the supervision
	of a supervision officer with a reduced or specialized caseload and
	subjecting the defendant to increased home visits and field
	contacts, if sufficient resources are available;
	(F)  strategies to reduce the number of technical
	violations committed by the defendant; and
	(G)  increased coordination between the court and
	the community supervision and corrections department supervising
	the defendant; and
	(2)  revoke the community supervision of the defendant
	if the judge determines by a preponderance of the evidence that the
	defendant:
	(A)  poses a danger to the safety of others; or
	(B)  is unlikely to benefit from a course of
	treatment in a drug treatment program or facility.
	(j)  A judge who modifies a defendant's conditions of
	supervision in response to the defendant's commission of another
	drug possession offense or state jail felony listed in Section
	15(a) or violation of a treatment-related condition of supervision
	shall consider imposing one or more of the following additional
	conditions of supervision:
	(1)  intensified drug treatment;
	(2)  vocational training;
	(3)  family counseling;
	(4)  literacy education;
	(5)  community service;
	(6)  intensive supervision; and
	(7)  confinement under Section 18 in an intermediate
	sanction facility operated by or under contract with the Texas
	Department of Criminal Justice for a period not to exceed 120 days.
	(k)  In making a determination under this section as to
	whether a defendant is unlikely to benefit from participation in a
	course of treatment in a drug treatment program or facility, the
	judge shall consider whether the defendant has previously:
	(1)  committed a serious violation of the rules of a
	drug treatment program or facility; or
	(2)  repeatedly committed violations of the rules of a
	drug treatment program or facility to an extent that inhibited the
	defendant's ability to function in the program or facility.
	(l)  After successful completion of a term of community
	supervision imposed under this section, including completion of any
	required course of treatment in a drug treatment program or
	facility, a defendant may petition the court for dismissal of the
	charges.  If the judge, after providing notice and giving attorneys
	for the defendant and the state an opportunity to be heard,
	determines that the defendant substantially complied with the
	conditions of supervision and successfully completed any required
	course of treatment, the judge shall discharge the defendant, set
	aside the verdict or permit the defendant to withdraw the plea, and
	dismiss the accusation, complaint, information, or indictment in
	the manner provided by Section 20(a).
	(m)  The drug treatment program account is created as a
	dedicated account in the general revenue fund of the state
	treasury.  Money in the account may be appropriated only to the
	Texas Department of Criminal Justice for distribution to drug
	treatment programs or facilities that provide a course of treatment
	to defendants under this section and that apply for the money.
	Funds collected and distributed under this subsection are subject
	to audit by the comptroller.
	SECTION 3.  Subchapter A, Chapter 102, Code of Criminal
	Procedure, is amended by adding Article 102.0179 to read as
	follows:
	Art. 102.0179.  ADDITIONAL COSTS ATTENDANT TO CERTAIN
	INTOXICATION AND DRUG CONVICTIONS. (a)  In addition to other costs
	on conviction imposed by this chapter, including costs described by
	Article 102.0178, a person shall pay $50 as a court cost on
	conviction of any offense under Chapter 49, Penal Code, or Chapter
	481, Health and Safety Code.
	(b)  In this article, a person is considered to have been
	convicted if:
	(1)  a sentence is imposed;
	(2)  the person is placed on community supervision,
	including deferred adjudication community supervision; or
	(3)  the court defers final disposition of the person's
	case.
	(c)  Court costs under this article are collected in the same
	manner as other fines or costs.  An officer collecting the costs
	shall send to the comptroller costs collected under this article
	for deposit to the credit of the drug treatment program account
	established under Section 15B, Article 42.12.
	SECTION 4.  Section 102.021, Government Code, is amended to
	read as follows:
	Sec. 102.021.  COURT COSTS ON CONVICTION:  CODE OF CRIMINAL
	PROCEDURE.  A person convicted of an offense shall pay the
	following under the Code of Criminal Procedure, in addition to all
	other costs:
	(1)  court cost on conviction of any offense, other
	than a conviction of an offense relating to a pedestrian or the
	parking of a motor vehicle (Art. 102.0045, Code of Criminal
	Procedure) . . . $4;
	(2)  a fee for services of prosecutor (Art. 102.008,
	Code of Criminal Procedure) . . . $25;
	(3)  fees for services of peace officer:
	(A)  issuing a written notice to appear in court
	for certain violations (Art. 102.011, Code of Criminal Procedure)
	. . . $5;
	(B)  executing or processing an issued arrest
	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
	Procedure) . . . $50;
	(C)  summoning a witness (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(D)  serving a writ not otherwise listed (Art.
	102.011, Code of Criminal Procedure) . . . $35;
	(E)  taking and approving a bond and, if
	necessary, returning the bond to courthouse (Art. 102.011, Code of
	Criminal Procedure) . . . $10;
	(F)  commitment or release (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(G)  summoning a jury (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(H)  attendance of a prisoner in habeas corpus
	case if prisoner has been remanded to custody or held to bail (Art.
	102.011, Code of Criminal Procedure) . . . $8 each day;
	(I)  mileage for certain services performed (Art.
	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
	(J)  services of a sheriff or constable who serves
	process and attends examining trial in certain cases (Art. 102.011,
	Code of Criminal Procedure) . . . not to exceed $5;
	(4)  services of a peace officer in conveying a witness
	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
	$10 per day or part of a day, plus actual necessary travel expenses;
	(5)  overtime of peace officer for time spent
	testifying in the trial or traveling to or from testifying in the
	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
	(6)  court costs on an offense relating to rules of the
	road, when offense occurs within a school crossing zone (Art.
	102.014, Code of Criminal Procedure) . . . $25;
	(7)  court costs on an offense of passing a school bus
	(Art. 102.014, Code of Criminal Procedure) . . . $25;
	(8)  court costs on an offense of truancy or
	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
	. . . $20;
	(9)  cost for visual recording of intoxication arrest
	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
	$15;
	(10)  cost of certain evaluations (Art. 102.018, Code
	of Criminal Procedure) . . . actual cost;
	(11)  additional costs attendant to certain
	intoxication convictions under Chapter 49, Penal Code, for
	emergency medical services, trauma facilities, and trauma care
	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
	(12)  additional costs attendant to certain child
	sexual assault and related convictions, for child abuse prevention
	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
	(13)  court cost for DNA testing for certain felonies
	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
	(14)  court cost for DNA testing for the offense of
	public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
	Criminal Procedure) . . . $50;
	(15)  court cost for DNA testing for certain felonies
	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
	(16)  if required by the court, a restitution fee for
	costs incurred in collecting restitution installments and for the
	compensation to victims of crime fund (Art. 42.037, Code of
	Criminal Procedure) . . . $12;
	(17)  if directed by the justice of the peace or
	municipal court judge hearing the case, court costs on conviction
	in a criminal action (Art. 45.041, Code of Criminal Procedure)
	. . . part or all of the costs as directed by the judge; [and]
	(18)  costs attendant to convictions under Chapter 49,
	Penal Code, and under Chapter 481, Health and Safety Code, to help
	fund drug court programs established under Chapter 469, Health and
	Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $60;
	and
	(19)  costs attendant to convictions under Chapter 49,
	Penal Code, and under Chapter 481, Health and Safety Code, for
	certain drug treatment programs and facilities (Art. 102.0179, Code
	of Criminal Procedure) . . . $50.
	SECTION 5.  Chapter 509, Government Code, is amended by
	adding Section 509.013 to read as follows:
	Sec. 509.013.  ANNUAL REPORT ON COMMUNITY SUPERVISION WITH
	DRUG TREATMENT.  (a)  Not later than December 1 of each year, the
	Texas Department of Criminal Justice shall study and report to the
	legislature on the effectiveness and financial impact to the state
	during the preceding state fiscal year of placing defendants on
	community supervision with drug treatment for a drug possession
	offense under Section 15B, Article 42.12, Code of Criminal
	Procedure.
	(b)  The study and report must include an analysis of:
	(1)  the implementation of Section 15B, Article 42.12,
	Code of Criminal Procedure, including the amount of cost savings
	the state realizes through that implementation;
	(2)  the adequacy of funding available for operation of
	the programs described by Section 15B, Article 42.12, Code of
	Criminal Procedure;
	(3)  the effect of implementing Section 15B, Article
	42.12, Code of Criminal Procedure, with respect to:
	(A)  incarceration costs incurred by the state and
	local governments, including the cost of constructing prisons and
	jails;
	(B)  the recidivism rate among defendants placed
	on community supervision under Section 15B, Article 42.12, Code of
	Criminal Procedure, compared with other defendants; and
	(C)  the number of defendants placed on community
	supervision under Section 15B, Article 42.12, Code of Criminal
	Procedure, who utilize state welfare benefits, compared with other
	defendants; and
	(4)  other effects of or issues with implementing
	Section 15B, Article 42.12, Code of Criminal Procedure, that are
	identified by the Texas Department of Criminal Justice.
	(c)  The comptroller shall verify the findings of the
	department in analyzing the cost savings realized by the state
	through the implementation of Section 15B, Article 42.12, Code of
	Criminal Procedure.  The department may retain the amount of the
	actual savings attributable to implementation of that section, to
	the extent that the savings come from funds appropriated to the
	department and to the extent the department distributed that amount
	to drug treatment programs or facilities that provide a course of
	treatment to defendants under that section. The department may
	transfer savings attributable to implementation of that section
	from the first year of the fiscal biennium to the second year of the
	fiscal biennium, provided that the department uses the full amount
	transferred for distribution to drug treatment programs or
	facilities as described by this subsection.
	SECTION 6.  (a)   In a criminal action under Section
	481.115, 481.1151, 481.116, 481.1161, or 481.121, Health and Safety
	Code, pending on or commenced on or after the effective date of this
	Act, for an offense committed before the effective date of this Act,
	the defendant, if adjudged guilty, shall be assessed the punishment
	under Section 15B, Article 42.12, Code of Criminal Procedure, as
	added by this Act, if the offense is described by Section 15B(a) of
	that article and the defendant meets the eligibility requirements
	under that section and other law and so elects by written motion
	filed with the trial court before the sentencing hearing begins.
	(b)  If the defendant does not make the election under
	Subsection (a) of this section, punishment is covered by the law in
	effect when the offense was committed, and the former law is
	continued in effect for that purpose.
	SECTION 7.  Article 102.0179, Code of Criminal Procedure, as
	added by this Act, applies only to a cost on conviction for an
	offense committed on or after the effective date of this Act. An
	offense committed before the effective date of this Act is covered
	by the law in effect when 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.  The Texas Department of Criminal Justice shall
	submit to the legislature the first report required by Section
	509.013, Government Code, as added by this Act, not later than
	December 1, 2014.
	SECTION 9.  This Act takes effect September 1, 2013.