Office of House Bill AnalysisC.S.H.B. 1287
By: Thompson
Judicial Affairs
Committee Report (Substituted)


The goal of drug court programs is to keep substance abuse offenders out of
state jails and prisons and offer comprehensive rehabilitative services.
The first drug court program was established in Miami-Dade County in 1989,
and since then hundreds of drug courts have been established around the
country. According to some studies, the recidivism rate for drug court
graduates is lower than for offenders placed on parole or probation, or in
prison.  C.S.H.B. 1287 authorizes the commissioners court of a county to
establish drug court programs. 


It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the criminal justice division of the
office of the governor  in SECTION 1 (Section 469.003, Health and Safety
Code) of this bill. 


C.S.H.B. 1287 amends the Health and Safety Code to authorize a county
commissioners court to establish a drug court program (program) for persons
arrested for, charged with, or convicted of: 

 _ an offense in which an element of the offense is the use or possession
of alcohol or the use, possession, or sale of a controlled substance, a
controlled substance analogue, or marihuana; or 
 _an offense in which controlled substance or alcohol use contributed
significantly to the commission of the offense if the offense did not
involve carrying, possessing, or using a firearm or other dangerous weapon;
the offense did not involve the use of force against the person of another;
or the offense did not involve the death or serious bodily injury to any

A program must include the 10 key components of a drug court as defined by
the Office of Justice Programs of the United States Department of Justice.
The bill requires the criminal justice division of the office of the
governor (division) to have oversight authority over the operations,
management, and financial practices of the program.  The bill authorizes
the division to establish rules for this purpose.  The bill authorizes the
lieutenant governor and the speaker of the house to assign oversight
functions over the programs to appropriate legislative committees.  The
bill authorizes a legislative committee or the governor to request that the
state auditor perform a management, operations, or financial or accounting
audit of any program. 

The bill authorizes a program to collect a program fee not to exceed
$1,000.  The bill provides that a participant may also be required to pay
treatment costs and other fees, including a one-time $10 fee for the
support of drug court programs from all persons assigned to community
supervision for a drug or alcohol related offense.  

 The bill requires the Criminal Justice Policy Council to conduct a study
of programs in Texas and issue a report examining the effectiveness of
presently operating programs and making recommendations regarding potential
expansion and improvements not later than January 15, 2003, to the speaker
of the house, the lieutenant governor, the House Appropriations Committee,
the Senate Finance Committee, the House Committee on Judicial Affairs, the
Senate Committee on Jurisprudence, the House Committee on Criminal
Jurisprudence, and the Senate Committee on Criminal Justice.  The bill
provides for the expiration of these provisions on June 1, 2003. 

The bill requires a county with a population exceeding 383,800 residents,
according to the 1990 United States Census, to establish a drug court
program. A county which fails to implement the above provision is not
eligible for state supplements under the professional prosecutor's law or
for any state grants of the governor during the third and fourth quarters
of fiscal year 2003. 


September 1, 2001.


C.S.H.B. 1287 modifies the original to specify the types of violent
offenses that make a person ineligible for the program. 

The substitute sets forth additional guidelines for the program, assigns
oversight authority over the programs, and establishes rulemaking

The substitute specifies the types of fees that may be collected, which
include a program fee and a $10 community supervision fee to support drug
court programs.  The substitute authorizes recovery of treatment costs.
The substitute removes the authorization to collect a monthly appearance

The substitute adds the provisions relating to the study and report of the
Criminal Justice Policy Council.  

The substitute adds that the county commissioners court in certain counties
is required to establish the program not later than September 1, 2002 and
specifies the number of participants in a program for the program to be

The substitute sets forth consequences for failure to implement the program.