2005 Texas Health & Safety Code CHAPTER 469. DRUG COURT PROGRAMS

HEALTH & SAFETY CODE

CHAPTER 469. DRUG COURT PROGRAMS


	§ 469.001. DRUG COURT PROGRAM DEFINED.  In this chapter, 
"drug court program" means a program that has the following 
essential characteristics:
		(1)  the integration of alcohol and other drug 
treatment 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, drug, and other 
related treatment and rehabilitative services;
		(5)  monitoring of abstinence through weekly alcohol 
and other drug testing;
		(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;  and
		(10)  development of partnerships with public agencies 
and community organizations.

Added by Acts 2001, 77th Leg., ch. 1510, § 1, eff. Sept. 1, 2001.          


	§ 469.002. AUTHORITY TO ESTABLISH PROGRAM.  Except as 
provided by Section 469.006, the commissioners court of a county 
may establish a drug court program for persons arrested for, 
charged with, or convicted of:
		(1)  an offense in which an element of the offense is 
the use or possession of alcohol or the use, possession, or sale of 
a controlled substance, a controlled substance analogue, or 
marihuana;  or
		(2)  an offense in which the use of alcohol or a 
controlled substance is suspected to have significantly 
contributed to the commission of the offense and the offense did not 
involve:
			(A)  carrying, possessing, or using a firearm or 
other dangerous weapon;   
			(B)  the use of force against the person of 
another;  or                   
			(C)  the death of or serious bodily injury to 
another.                     

Added by Acts 2001, 77th Leg., ch. 1510, § 1, eff. Sept. 1, 2001.          


	§ 469.003. OVERSIGHT.  (a) The lieutenant governor and 
the speaker of the house of representatives may assign to 
appropriate legislative committees duties relating to the 
oversight of drug court programs established under Section 469.002.
	(b)  A legislative committee or the governor may request the 
state auditor to perform a management, operations, or financial or 
accounting audit of a drug court program established under Section 
469.002.

Added by Acts 2001, 77th Leg., ch. 1510, § 1, eff. Sept. 1, 2001.          


	§ 469.004. FEES.  (a) A drug court program established 
under Section 469.002 may collect from a participant in the 
program:
		(1)  a reasonable program fee not to exceed $1,000, 
which may be paid on a periodic basis or on a deferred payment 
schedule at the discretion of the judge, magistrate, or program 
director administering the program;  and
		(2)  a urinalysis testing and counseling fee:                                 
			(A)  based on the participant's ability to pay;  
and                       
			(B)  in an amount necessary to cover the costs of 
the testing and counseling.
	(b)  A drug court program may require a participant to pay 
all treatment costs incurred while participating in the program, 
based on the participant's ability to pay.

Added by Acts 2001, 77th Leg., ch. 1510, § 1, eff. Sept. 1, 2001.          


	§ 469.005. CRIMINAL JUSTICE POLICY COUNCIL STUDY.  (a) 
The Criminal Justice Policy Council shall conduct a study of drug 
court programs in Texas and issue a report not later than January 
15, 2003, to the speaker of the house of representatives, the 
lieutenant governor, the House Appropriations Committee, the 
Senate Finance Committee, the House Committee on Judicial Affairs, 
the Senate Committee on Jurisprudence, the House Committee on 
Criminal Jurisprudence, and the Senate Committee on Criminal 
Justice.
	(b)  The report shall examine the effectiveness of presently 
operating drug court programs and make recommendations regarding 
potential expansion and improvements.
	(c)  This section expires on June 1, 2003.                                     

Added by Acts 2001, 77th Leg., ch. 1510, § 1, eff. Sept. 1, 2001.          


	§ 469.006. PROGRAM IN CERTAIN COUNTIES MANDATORY.  (a) 
The commissioners court of a county with a population of more than 
550,000 shall establish a drug court program under Section 469.002.
	(b)  A drug court program required under this section to be 
established must have at least 100 participants during the first 
four months in which the program is operating.
	(c)  A county required under this section to establish a drug 
court program shall apply to the federal government for any funds 
available to pay the costs of the program.  The criminal justice 
division of the governor's office may assist a county in applying 
for federal funds as required by this subsection, including 
providing financial assistance to the county.
	(d)  A county that does not establish a drug court program as 
required by this section is ineligible to receive from the state:
		(1)  funds for a community supervision and corrections 
department;  and     
		(2)  grants administered by the criminal justice 
division of the governor's office.

Added by Acts 2001, 77th Leg., ch. 1510, § 1, eff. Sept. 1, 2001.          


	§ 469.007. USE OF OTHER DRUG AND ALCOHOL AWARENESS 
PROGRAMS.  In addition to using a drug court program established 
under Section 469.002, the commissioners court of a county or a 
court may use other drug awareness or drug and alcohol driving 
awareness programs to treat persons convicted of drug or alcohol 
related offenses.

Added by Acts 2001, 77th Leg., ch. 1510, § 1, eff. Sept. 1, 2001.