85R12810 MEW-D     By: Geren H.B. No. 3391       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a specialty court for certain public   safety employees who commit a criminal offense; imposing fees for   participation and testing, counseling, and treatment.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle K, Title 2, Government Code, is amended   by adding Chapter 129 to read as follows:   CHAPTER 129. PUBLIC SAFETY EMPLOYEES TREATMENT COURT PROGRAM          Sec. 129.001.  DEFINITION. In this chapter, "public safety   employee" means a peace officer, firefighter, detention officer,   county jailer, or emergency medical services employee of this state   or a political subdivision of this state.          Sec. 129.002.  PUBLIC SAFETY EMPLOYEES TREATMENT COURT   PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS. (a)  In this   chapter, "public safety employees treatment court program" means a   program that has the following essential characteristics:                (1)  the integration of services in the processing of   cases in the judicial system;                (2)  the use of a nonadversarial approach involving   prosecutors and defense attorneys to promote public safety and to   protect the due process rights of program participants;                (3)  early identification and prompt placement of   eligible participants in the program;                (4)  access to a continuum of alcohol, controlled   substance, mental health, and other related treatment and   rehabilitative services;                (5)  careful monitoring of treatment and services   provided to program participants;                (6)  a coordinated strategy to govern program responses   to participants' compliance;                (7)  ongoing judicial interaction with program   participants;                (8)  monitoring and evaluation of program goals and   effectiveness;                (9)  continuing interdisciplinary education to promote   effective program planning, implementation, and operations;                (10)  development of partnerships with public agencies   and community organizations; and                (11)  inclusion of a participant's family members who   agree to be involved in the treatment and services provided to the   participant under the program.          (b)  If a defendant successfully completes a public safety   employees treatment court program, after notice to the attorney   representing the state and a hearing in the public safety employees   treatment court at which that court determines that a dismissal is   in the best interest of justice, the court in which the criminal   case is pending shall dismiss the case against the defendant.          Sec. 129.003.  AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.   (a)  The commissioners court of a county may establish a public   safety employees treatment court program for persons arrested for   or charged with any misdemeanor or felony offense.  A defendant is   eligible to participate in a public safety employees treatment   court program established under this chapter only if the attorney   representing the state consents to the defendant's participation in   the program and if the court in which the criminal case is pending   finds that the defendant is a current or former public safety   employee who:                (1)  suffers from a brain injury, mental illness, or   mental disorder, including post-traumatic stress disorder, that:                      (A)  occurred during or resulted from the   defendant's duties as a public safety employee; and                      (B)  affected the defendant's criminal conduct at   issue in the case; or                (2)  is a defendant whose participation in a public   safety employees treatment court program, considering the   circumstances of the defendant's conduct, personal and social   background, and criminal history, is likely to achieve the   objective of ensuring public safety through rehabilitation of the   public safety employee in the manner provided by Section 1.02(1),   Penal Code.          (b)  The court in which the criminal case is pending shall   allow an eligible defendant to choose whether to proceed through   the public safety employees treatment court program or otherwise   through the criminal justice system.          (c)  Proof of matters described by Subsection (a) may be   submitted to the court in which the criminal case is pending in any   form the court determines to be appropriate, including medical   records or testimony or affidavits of other public safety   employees.  The court's findings must accompany any docketed case.          Sec. 129.004.  DUTIES OF PUBLIC SAFETY EMPLOYEES TREATMENT   COURT PROGRAM. (a)  A public safety employees treatment court   program established under this chapter must:                (1)  ensure that a defendant eligible for participation   in the program is provided legal counsel before volunteering to   proceed through the program and while participating in the program;                (2)  allow a participant to withdraw from the program   at any time before a trial on the merits has been initiated;                (3)  provide a participant with a court-ordered   individualized treatment plan indicating the services that will be   provided to the participant; and                (4)  ensure that the jurisdiction of the public safety   employees treatment court continues for a period of not less than   six months but does not continue beyond the period of community   supervision for the offense charged.          (b)  A public safety employees treatment court program   established under this chapter shall make, establish, and publish   local procedures to ensure maximum participation of eligible   defendants in the county or counties in which those defendants   reside.          (c)  A public safety employees treatment court program may   allow a participant to comply with the participant's court-ordered   individualized treatment plan or to fulfill certain other court   obligations through the use of videoconferencing software or other   Internet-based communications.          (d)  This chapter does not prevent the initiation of   procedures under Chapter 46B, Code of Criminal Procedure.          Sec. 129.005.  ESTABLISHMENT OF REGIONAL PROGRAM. (a)  The   commissioners courts of two or more counties may elect to establish   a regional public safety employees treatment court program under   this chapter for the participating counties.          (b)  For purposes of this chapter, each county that elects to   establish a regional public safety employees treatment court   program under this section is considered to have established the   program and is entitled to retain fees under Article 102.0178, Code   of Criminal Procedure, in the same manner as if the county had   established a public safety employees treatment court program   without participating in a regional program.          Sec. 129.006.  FEES. (a)  A public safety employees   treatment court program established under this chapter may collect   from a participant in the program:                (1)  a reasonable program fee not to exceed $1,000; and                (2)  a testing, counseling, and treatment fee in an   amount necessary to cover the costs of any testing, counseling, or   treatment performed or provided under the program.          (b)  Fees collected under this section may be paid on a   periodic basis or on a deferred payment schedule at the discretion   of the judge, magistrate, or coordinator.  The fees must be:                (1)  based on the participant's ability to pay; and                (2)  used only for purposes specific to the program.          Sec. 129.007.  COURTESY SUPERVISION. (a)  A public safety   employees treatment court program that accepts placement of a   defendant may transfer responsibility for supervising the   defendant's participation in the program to another public safety   employees treatment court program that is located in the county   where the defendant works or resides.  The defendant's supervision   may be transferred under this section only with the consent of both   public safety employees treatment court programs and the defendant.          (b)  A defendant who consents to the transfer of the   defendant's supervision must agree to abide by all rules,   requirements, and instructions of the public safety employees   treatment court program that accepts the transfer.          (c)  If a defendant whose supervision is transferred under   this section does not successfully complete the program, the public   safety employees treatment court program supervising the defendant   shall return the responsibility for the defendant's supervision to   the public safety employees treatment court program that initiated   the transfer.          (d)  If a defendant is charged with an offense in a county   that does not operate a public safety employees treatment court   program, the court in which the criminal case is pending may place   the defendant in a public safety employees treatment court program   located in the county where the defendant works or resides,   provided that a program is operated in that county and the defendant   agrees to the placement.  A defendant placed in a public safety   employees treatment court program in accordance with this   subsection must agree to abide by all rules, requirements, and   instructions of the program.          SECTION 2.  Article 59.062(f), Code of Criminal Procedure,   is amended to read as follows:          (f)  A civil penalty collected under this article shall be   deposited to the credit of the drug court account in the general   revenue fund to help fund specialty [drug] court programs   established under Chapter 122, 123, 124, [or] 125, or 129,   Government Code, or former law.          SECTION 3.  Article 102.0178(g), Code of Criminal Procedure,   is amended to read as follows:          (g)  The comptroller shall deposit the funds received under   this article to the credit of the drug court account in the general   revenue fund to help fund drug court programs established under   Chapter 122, 123, 124, [or] 125, or 129, Government Code, or former   law.  The legislature shall appropriate money from the account   solely to the criminal justice division of the governor's office   for distribution to drug court programs that apply for the money.          SECTION 4.  Subchapter B, Chapter 103, Government Code, is   amended by adding Sections 103.02714 and 103.02715 to read as   follows:          Sec. 103.02714.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:   GOVERNMENT CODE.  A program fee for a public safety employees   treatment court program established under Section 129.003 shall be   collected under Section 129.006 in a reasonable amount not to   exceed $1,000.          Sec. 103.02715.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:   GOVERNMENT CODE. A participant in a public safety employees   treatment court program administered under Chapter 129 shall pay a   fee in an amount necessary to cover the costs of any testing,   counseling, or treatment performed or provided to the participant   under the program.          SECTION 5.  Section 772.0061(a)(2), Government Code, is   amended to read as follows:                (2)  "Specialty court" means:                      (A)  a commercially sexually exploited persons   court program established under Chapter 126 or former law;                      (B)  a family drug court program established under   Chapter 122 or former law;                      (C)  a drug court program established under   Chapter 123 or former law;                      (D)  a veterans treatment court program   established under Chapter 124 or former law; [and]                      (E)  a mental health court program established   under Chapter 125 or former law; and                      (F)  a public safety employees treatment court   program established under Chapter 129.          SECTION 6.  Section 772.0061(b), Government Code, is amended   to read as follows:          (b)  The governor shall establish the Specialty Courts   Advisory Council within the criminal justice division established   under Section 772.006 to:                (1)  evaluate applications for grant funding for   specialty courts in this state and to make funding recommendations   to the criminal justice division; and                (2)  make recommendations to the criminal justice   division regarding best practices for specialty courts established   under Chapter 122, 123, 124, [or] 125, or 129 or former law.          SECTION 7.  This Act takes effect September 1, 2017.