HBA-MPM S.B. 799 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 799 By: Ellis Criminal Jurisprudence 5/10/1999 Engrossed BACKGROUND AND PURPOSE Currently, a county pretrial services agency oversees certain defendants. The agency will supervise a defendant ordered by a court into supervision, posting a personal bond, or being monitored through adjudication proceedings. While the agency may assess a fee for defendants the agency supervises, no statutory authority permits the agency to assess a personal bond fee. Authorizing a court to levy fees on a personal bond or supervision may allow the agency to partially offset its costs. Flexibility in the fee requirements may permit a court to choose a standard fee for defendants released on a personal bond or a supervision fee. Finally, judicial supervision of the agency may allow for closer coordination between the court's and the agency's operations. S.B. 799 authorizes a court to assess either a personal bond fee or a supervision fee for a pretrial service agency and allow a commissioners court to authorize a district or county court to participate in managing the agency. 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 17.031(b), Code of Criminal Procedure, to provide that if there is a pretrial services office, rather than a personal bond office, in the county from which the warrant for arrest was issued, the court releasing the defendant will forward a copy of the personal bond to the pretrial services office, rather than the personal bond office, in that county. Makes a nonsubstantive change. SECTION 2. Amends Article 17.42, Code of Criminal Procedure, as follows: ARTICLE 17.42. New title: PRETRIAL SERVICES OFFICE Sec. 1. Authorizes certain counties or judicial districts, with the approval of the commissioners court, to establish a pretrial services office, rather than a personal bond office, to gather and review information about an accused that may have a bearing on whether the accused will comply with the conditions of bail, rather than a personal bond, and report the office's findings to a certain court having criminal jurisdiction, rather than report to the court before which the case is pending. Authorizes a pretrial services office to operate programs, including programs that require testing for controlled substances, to supervise persons released on a personal, cash, or surety bond. Sec. 2. Entitles certain district and statutory judges served by a pretrial services office to participate in the office's management, with the approval of the commissioners court that established the office. Requires the commissioners court or the judges of a district that establishes or participates in the office to employ a director for the office. Makes conforming changes. Sec. 3. Makes no change. Sec. 4. Provides that if a court uses the pretrial services office to release a defendant on personal bond or to provide supervision of a defendant released on a personal, cash, or surety bond, the court is required to assess either a personal bond fee or a supervision fee for a defendant released on personal bond, or is authorized to assess a supervision fee for a defendant released on surety or cash bond. Prohibits the amount of a supervision fee assessed under this section from being less than $25 or more than $40 each month during which the defendant is under the pretrial services office's supervision. Authorizes the court, in assessing such a fee, to require payment of the fee as a condition of the release, a condition of the bond, or court costs. Authorizes the court to require a defendant to pay costs incurred by a pretrial services offices in requiring the defendant to submit to electronic monitoring or testing for controlled substances or to provide the defendant with an interlock ignition device or other services related to the supervision of the defendant. Makes conforming changes. Sec. 5. Makes conforming changes. Sec. 6. Makes conforming changes. SECTION 3. Repealer: Article 17.03(g) (Personal Bond), Code of Criminal Procedure, which authorizes the court to order that a personal bond fee assessed under Section 17.42 (Personal Bond Office) be paid before the defendant is released; paid as a condition of bond; paid as court costs; reduced as otherwise provided for by statute; or waived. SECTION 4. Makes application of this Act prospective. SECTION 5. Effective date: September 1, 1999. SECTION 6. Emergency clause.