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.