HBA-TBM, JEK H.B. 2358 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2358
By: Lewis, Ron
Corrections
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides for the establishment of community justice councils
(council) by district judges. Councils are required to provide policy
guidance and direction for the development of community justice plans and
community corrections facilities and programs.  In addition, current law
requires a district judge who is trying criminal cases to establish a
community supervision and corrections department (CSCD) to be used to
assist in pretrial services, caseload management, development programs for
defendants, and the establishment of treatment alternatives to
incarceration.  Improved data collection systems have made much of the
information included in community justice plans available to CSCDs which
has made the submission of community justice plans redundant in many cases.
House Bill 2358 abolishes councils and transfers their duties to CSCDs.   

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 2358 amends the Government Code to abolish community justice
councils and transfer their duties to community supervision and corrections
departments (CSCD).  The bill provides that a CSCD must demonstrate
community involvement by participating in a local or regional planning
process as established and designated by the district judge or judges
(judges) in each jurisdiction served by a CSCD. The bill requires the
judges to designate a community corrections planning process for the CSCD.
The bill requires the community justice assistance division (division) of
the Texas Department of Criminal Justice to be notified of the community
involvement and planning process established by the district judges.   

The bill provides that a district judge may authorize expenditures of funds
provided by the division to a CSCD for the purposes of providing
facilities, equipment, and utilities for community corrections facilities
or state jail felony facilities if the district judge, rather than a
community justice council, recommends the expenditure.  The bill removes
the requirements that each CSCD submit periodic data to the division on the
required use of a deep-lung breath analysis mechanism (mechanism) which
makes impractical the operation of a motor vehicle if ethyl alcohol is
detected in the breath of the operator and that each CSCD submit to the
Department of Public Safety the identification information of each person
restricted to the operation of a motor vehicle equipped with such a
mechanism.   

EFFECTIVE DATE

The Act takes effect on the 91st day after adjournment.