West Texas Community Supervision and Corrections
Director Stephen L. Enders

800 E. Overland
Suite 100
El Paso, Texas 79901
Phone (915) 546-8120
Fax (915) 546-8130
Email Us

Rosemary Beltran
Drug Court Program
Director

7145 Industrial
Suite B
El Paso, Texas 79915
Phone (915) 577-9920

West Texas Community Supervision and Corrections Department - Drug Court

  • State of Texas House Bill 1287
  •  
  • H.B. No. 1287 was passed by the Senate, with amendments, on May 17, 2001
  • 1-1 AN ACT
    1-2 relating to the establishment of drug court programs and to a study
    1-3 of drug court programs by the Criminal Justice Policy Council.
    1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5 SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
    1-6 amended by adding Chapter 469 to read as follows:
    1-7 CHAPTER 469. DRUG COURT PROGRAMS
    1-8 Sec. 469.001. DRUG COURT PROGRAM DEFINED. In this chapter,
    1-9 "drug court program" means a program that has the following
    1-10 essential characteristics:
    1-11 (1) the integration of alcohol and other drug
    1-12 treatment services in the processing of cases in the judicial
    1-13 system;
    1-14 (2) the use of a nonadversarial approach involving
    1-15 prosecutors and defense attorneys to promote public safety and to
    1-16 protect the due process rights of program participants;
    1-17 (3) early identification and prompt placement of
    1-18 eligible participants in the program;
    1-19 (4) access to a continuum of alcohol, drug, and other
    1-20 related treatment and rehabilitative services;
    1-21 (5) monitoring of abstinence through weekly alcohol
    1-22 and other drug testing;
    1-23 (6) a coordinated strategy to govern program responses
    1-24 to participants' compliance;
    2-1 (7) ongoing judicial interaction with program
    2-2 participants;
    2-3 (8) monitoring and evaluation of program goals and
    2-4 effectiveness;
    2-5 (9) continuing interdisciplinary education to promote
    2-6 effective program planning, implementation, and operations; and
    2-7 (10) development of partnerships with public agencies
    2-8 and community organizations.
    2-9 Sec. 469.002. AUTHORITY TO ESTABLISH PROGRAM. Except as
    2-10 provided by Section 469.006, the commissioners court of a county
    2-11 may establish a drug court program for persons arrested for,
    2-12 charged with, or convicted of:
    2-13 (1) an offense in which an element of the offense is
    2-14 the use or possession of alcohol or the use, possession, or sale of
    2-15 a controlled substance, a controlled substance analogue, or
    2-16 marihuana; or
    2-17 (2) an offense in which the use of alcohol or a
    2-18 controlled substance is suspected to have significantly contributed
    2-19 to the commission of the offense and the offense did not involve:
    2-20 (A) carrying, possessing, or using a firearm or
    2-21 other dangerous weapon;
    2-22 (B) the use of force against the person of
    2-23 another; or
    2-24 (C) the death of or serious bodily injury to
    2-25 another.
    2-26 Sec. 469.003. OVERSIGHT. (a) The lieutenant governor and
    2-27 the speaker of the house of representatives may assign to
    3-1 appropriate legislative committees duties relating to the oversight
    3-2 of drug court programs established under Section 469.002.
    3-3 (b) A legislative committee or the governor may request the
    3-4 state auditor to perform a management, operations, or financial or
    3-5 accounting audit of a drug court program established under Section
    3-6 469.002.
    3-7 Sec. 469.004. FEES. (a) A drug court program established
    3-8 under Section 469.002 may collect from a participant in the
    3-9 program:
    3-10 (1) a reasonable program fee not to exceed $1,000,
    3-11 which may be paid on a periodic basis or on a deferred payment
    3-12 schedule at the discretion of the judge, magistrate, or program
    3-13 director administering the program; and
    3-14 (2) a urinalysis testing and counseling fee:
    3-15 (A) based on the participant's ability to pay;
    3-16 and
    3-17 (B) in an amount necessary to cover the costs of
    3-18 the testing and counseling.
    3-19 (b) A drug court program may require a participant to pay
    3-20 all treatment costs incurred while participating in the program,
    3-21 based on the participant's ability to pay.
    3-22 Sec. 469.005. CRIMINAL JUSTICE POLICY COUNCIL STUDY.
    3-23 (a) The Criminal Justice Policy Council shall conduct a study of
    3-24 drug court programs in Texas and issue a report not later than
    3-25 January 15, 2003, to the speaker of the house of representatives,
    3-26 the lieutenant governor, the House Appropriations Committee, the
    3-27 Senate Finance Committee, the House Committee on Judicial Affairs,
    4-1 the Senate Committee on Jurisprudence, the House Committee on
    4-2 Criminal Jurisprudence, and the Senate Committee on Criminal
    4-3 Justice.
    4-4 (b) The report shall examine the effectiveness of presently
    4-5 operating drug court programs and make recommendations regarding
    4-6 potential expansion and improvements.
    4-7 (c) This section expires on June 1, 2003.
    4-8 Sec. 469.006. PROGRAM IN CERTAIN COUNTIES MANDATORY. (a)
    4-9 The commissioners court of a county with a population of more than
    4-10 550,000 shall establish a drug court program under Section 469.002.
    4-11 (b) A drug court program required under this section to be
    4-12 established must have at least 100 participants during the first
    4-13 four months in which the program is operating.
    4-14 (c) A county required under this section to establish a drug
    4-15 court program shall apply to the federal government for any funds
    4-16 available to pay the costs of the program. The criminal justice
    4-17 division of the governor's office may assist a county in applying
    4-18 for federal funds as required by this subsection, including
    4-19 providing financial assistance to the county.
    4-20 (d) A county that does not establish a drug court program as
    4-21 required by this section is ineligible to receive from the state:
    4-22 (1) funds for a community supervision and corrections
    4-23 department; and
    4-24 (2) grants administered by the criminal justice
    4-25 division of the governor's office.
    4-26 Sec. 469.007. USE OF OTHER DRUG AND ALCOHOL AWARENESS
    4-27 PROGRAMS. In addition to using a drug court program established
    5-1 under Section 469.002, the commissioners court of a county or a
    5-2 court may use other drug awareness or drug and alcohol driving
    5-3 awareness programs to treat persons convicted of drug or alcohol
    5-4 related offenses.
    5-5 SECTION 2. (a) Except as provided by Subsection (b) of this
    5-6 section, the commissioners court of a county shall establish a drug
    5-7 court program as required by Section 469.006, Health and Safety
    5-8 Code, as added by this Act, not later than September 1, 2002.
    5-9 (b) A county is required under Section 469.006, Health and
    5-10 Safety Code, as added by this Act, to establish a drug court
    5-11 program only if the county receives federal funding specifically
    5-12 for that purpose or the legislature appropriates money specifically
    5-13 for that purpose. If the county does not receive federal funding
    5-14 specifically for that purpose and the legislature does not
    5-15 appropriate money specifically for that purpose, a county may, but
    5-16 is not required to, establish a drug court program under Section
    5-17 469.002, Health and Safety Code, as added by this Act, using other
    5-18 money available for that purpose.
    5-19 SECTION 3. This Act takes effect September 1, 2001.