HBA-JLV H.B. 2135 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2135 By: Wilson Criminal Jurisprudence 4/12/2001 Introduced BACKGROUND AND PURPOSE Current law does not provide a community supervision program for those charged with possession of a controlled substance. Allowing the court an option of community supervision could lower the recidivism rate by providing the defendant with quality treatment or educational programs aimed at discouraging repeat or habitual offenses. House Bill 2135 establishes a community supervision program for those charged with possession of a controlled substance. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2135 amends the Code of Criminal Procedure to establish a community supervision program for those charged with possession of a controlled substance. The bill requires the judge to suspend the imposition of the sentence for the conviction of offenses relating to substance abuse and place the defendant on community supervision if the defendant: _has not been previously convicted on two or more occasions of an offense under the Texas Controlled Substances Act; _has not been previously indicted or convicted of an offense for which the defendant would be ineligible for community supervision; _does not refuse treatment as a condition for community supervision; _was not convicted in the same proceeding of an additional misdemeanor or felony unrelated to the conviction for an offense under the Texas Controlled Substances Act; and _is otherwise eligible for community supervision. The bill authorizes the judge to suspend, in whole or in part, the imposition of any fine imposed if a defendant is placed on community supervision. The bill requires a court granting community supervision to require as a condition of community supervision, that the defendant participate in a qualified drug dependency treatment or education program, participate in an aftercare program approved by the Texas Commission on Alcohol and Drug Abuse (commission), and pay a fee to cover all or part of the cost of the program based on the defendant's ability to pay. If a defendant placed on community supervision violates the terms of that supervision, then the bill requires a judge to modify the condition of supervision to include additional conditions the court determines are appropriate. The bill prohibits the judge from revoking community supervision unless the defendant commits an act resulting in the defendants' ineligibility for community supervision. The bill requires the clerk of the court that collects a fee to remit the fee to the comptroller, and the comptroller is then required to deposit the fee into the general revenue fund. After completion of a qualified drug dependency treatment or education program, the bill authorizes the defendant to petition the court for dismissal of the charge. If the judge finds that the defendant successfully completed the program and substantially complied with the conditions of community supervision, the judge is required to set aside the conviction. The bill amends the Health and Safety Code to require the executive director of the commission to employ or contract with qualified professionals to implement the drug dependency treatment or education program for persons required to participate in a program. EFFECTIVE DATE September 1, 2001.