i, ~~ L~ 7~ ~ G~5 %, l ~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Rosa Lavender MEETING DATE: July 25, 2005 OFFICE: Crime Victims Rights Coordinator TIME PREFERRED: Anytime SUBJECT: Update on HB 1751 related to crime victims' rights adopted by the Texas Legislature in 2005 and request for approval of new fees to offset cost of Crime Victims' Rights Program in Kerr County EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Rosa Lavender ESTIMATED LENGTH OF PRESENTATION: 2 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. To: County Judge Pat Tinley and Commissioners Buster Baldwin, Bill Williams, Jonathan Letz, Dave Nicholson In Reference to HB 1751 passed by the 2005 Texas Legislature that goes into effect September 1 I have attached a full text copy of the bill to this letter and would like to point out several changes in the law that will become effective Sept. 1. I understand some of you will be attending Legislative Update Workshops in the coming weeks but wanted to highlight this information since it will directly impact what I am doing with victims and can positively impact the county's financial situation. The new law provides for judges to order the defendant to make restitution to the Texas Crime Victims Compensation Fund for benefits paid out on behalf of the victim. We have already been doing that with some of the cases that have gone to court recently and need to continue to do so under the new law. (It just wasn't spelled out in the law) Under Section 1 (g) (1) it provides that a court can also require the defendant to pay a one-time restitution fee of $12, half of which can be retained for costs incurred in collecting the restitution locally and the other $6 paid to the Texas Crime Victims Compensation Fund. I would like to recommend that the one-time restitution fee be added to our court costs to help fund the crime-victims program in Kerr County. The funds generated from the fee can become part of the match for the VOCA grant since I am currently doing the paperwork that gives the courts the amount of restitution to be collected. Under Section 18 the new provision says that the court ean order, if no restitution is required, that the defendant make one payment to the Texas Crime Victims Compensation Fund in an amount not to exceed $50 if the offense is a misdemeanor and not to exceed $100 if the offense is a felony as part of the court costs if the person is placed on probation. I would also like to recommend that Kerr County and its district courts also institute that fee beginning Sept. 1. Medical providers in Kerr County have already received almost $20,000 in benefits from the Texas Crime Victims Compensation Fund since I began aggressively contacting victims and filing claims last October. Several more large claims have been approved and payment is pending. If the state has the funds then the claims can be paid...and if the claims are filed in a timely matter then the county's Indigent Health Care Fund will not have to pay crime victims' medical costs. This is a win-win situation for all of the residents of Kerr County and all other counties azoand the state. I recommend that the collection of these fees be approved by commissioners' court before the September 1 implementation of the legislation. Thanks for your continued support of the Crime Victims' Rights Coordinator program. 79(R) HB 1751 -Enrolled version -Bill Text Page 1 of 5 H.B. No. 1751 AN ACT relating to the procedures governing the payment of restitution by criminal defendants. BE IT ENACTED BY THE LEGISLATORE OF THE STATE OF TEXAS: SECTION 1. Article 92.037, Code of Criminal Procedure, is amended by amending Subsections (a)-(c) and (e)-(i) to read as follows: (a) In addition to any fine authorized by law, the court that sentences a defendant convicted of an offense may order the defendant to make restitution to any victim of the offense or to the co~ensation to victims of crime fund established under Subchapter ___ - B, Chapter_56, to the extent that fund has paid compensation to or_ - onbehalf of the victim. If the court does not order restitution or ',-- orders partial restitution under this subsection, the court shall ~15`Yr~S ~J C~~y1t~ state on the record the reasons for not making the order or for the ~(,~L M1OW• limited order. (b)(1) If the offense results in damage to or loss or destruction of property of a victim of the offense, the court may '° order the defendant: (A) to return the property to the owner of the property or someone designated by the owner; or (B) if return of the property is impossible or impractical or is an inadequate remedy, to pay an amount equal to the greater of: (i) the value of the property on the date of the damage, loss, or destruction; or (ii) the value of the property on the date of sentencing, less the value of any part of the property that is returned on the date the property is returned. (2) If the offense results in personal [7ac.dS 1.}:) injury to a victim, the court may order the defendant to make restitution to: - (A)__ the victim for an_y__e_xpenses__incurred by the victim as a result of the offense; or (B) the compensation to victims of crime fund to the extent that fund has paid compensation to or on behalf of the victim [~ -,..,, ,.~~- ~.. _,. _,. ..F }..: F.., , ^..:.,^. P~ ~°~~^ aid ~~chclr~iral^^a~a inclu~g .l } ..F }y.^ ^F F.. ..l . (3) [TF }1... .~F F.. 1...... v r..l Fr i.. +1... .1..-.}1. ..C .. ;^+;m t..,. ^,.u rk maT ;n addik~n kn-.are a~~i~-aa..a,.~ ~..,..a;.,; ^;,.., ,~, „F .-,.; .. http://www.capitolstate.tx.us/cgi-bin/tlo/viewtext.cmd?LEG=79&SESS=R&CHAMBER=... 7/14/2005 79(R) HB 1751 -Enrolled version -Bill Text ,.~ ~.,..,.~_, ..., ,., ^.,.a [,{-~L~] Zf the victim or the victim's estate consents, the court may, in addition to an order under Subdivision (2) [a€ ~`•'^ ^••'~^^^~'^^], order the defendant to make restitution by performing services instead of by paying money or make restitution to a person or organization, other than the compensation to victims of crime fund, designated by the victim or the estate. (c) The court, in determining whether to order restitution and the amount of restitution, shall consider: (1) the amount of the loss sustained by any victim and the amount paid to or on behalf of the victim by the compensation to - ---_ - victims of crime fund as a result of the offense; and __ [.E4.~] other factors the court deems appropriate. (e) The court shall impose an order of restitution that is as fair as possible to the victim o_r to the co~ensation to victims of crime fund, as ~~l icable. The imposition of the order may not unduly complicate or prolong the sentencing process. (f)(1) The court may not order restitution for a loss for which the victim has received or will receive compensation one from a source other than the compensation to victims of crime fund. The court may, in the interest of justice, order restitution to any person who has compensated the victim for the loss to the extent the person paid compensation. An order of restitution shall require that all restitution to a victim or to the compensation to victims of crime fund be made before any restitution to any other person is made under the order. "" (2) Any amount recovered by a victim from a person ordered to pay restitution in a federal or state civil proceeding is reduced by any amount previously paid to the victim by the person under an order of restitution. (g)(1) The court may require a defendant to make restitution under this article within a specified period or in specified installments. If the court requires the defendant to make restitution in specified installments, in addition to the installment p~ments, the court may require the defendant to pay a ~. __. -- -- one-time restitution fee of_$12, $6 of which the court shall retain for costs incurred in collecting the_s~ecified installments and $6 -- of which the court shall order to be paid to the compensation to --- -- - - - victims of crime fund. (2) The end of the period or the last installment may not be later than: (A) the end of the period of probation, if probation is ordered; (B) five years after the end of the term of imprisonment imposed, if the court does not order probation; or (C) five years after the date of sentencing in any other case. (3) If the court does not provide otherwise, the defendant shall make restitution immediately- (9) Except as provided by Subsection (n), the order of restitution must require the defendant to make restitution directly to the victim or other person eligible for restitution under this article, including the compensation to victims of crime fund, or to .~-- deliver the amount or property due as restitution to a community supervision and corrections department for transfer to the victim or person. (h) If a defendant is placed on community supervision or is Page 2 of 5 http://www.capitolstate.tx.us/cgi-bin/tlo/viewtext.cmd?LEG=79&SESS=R&CHAMBER=... 7/14/2005 79(R) HB 1751 -Enrolled version -Bill Text paroled or released on mandatory supervision, the court or the parole panel shall order the payment of restitution ordered under W, this article as a condition of community supervision, parole, or mandatory supervision. The court may revoke community supervision and the parole panel may revoke parole or mandatory supervision if the defendant fails to comply with the order. In determining whether to revoke community supervision, parole, or mandatory supervision, the court or parole panel shall consider: (1) the defendant's employment status; (2) the defendant's current and future earning ability; (3) the defendant's current and future financial resources; (4) the willfulness of the defendant's failure to pay; [~] (5) any other special circumstances that may affect the defendant's ability to pay; and (6) the victim's financial resources or ability_to paV expenses incurred bythe_victim as a result_of the offense. (i) In addition to any other terms and conditions of probation imposed under Article 92.12 [^° ~~'^ ^^a^], the court may require a probationer to reimburse the co~ensation to victims of crime [ ] fund created under Subchapter B, Chapter 56, for any amounts paid from that fund to or on behalf of a victim of the probationer's offense. In this subsection, "victim" has the meaning assigned by Article 5_6.32 [t~ n' ^f '~a'^ ^^-'^] SECTION 2. Section 11(a), Article 42.12, Code of Criminal Procedure, is amended to read as follows: (a) The judge of the court having jurisdiction of the case "` shall determine the conditions of community supervision and may, at any time, during the period of community supervision alter or modify the conditions. The judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. Conditions of community supervision may include, but shall not be limited to, the conditions that the defendant shall: (1) Commit no offense against the laws of this State or of any other State or of the United States; (2) Avoid injurious or vicious habits; (3) Avoid persons or places of disreputable or harmful character; (4) Report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department; (5) Permit the supervision officer to visit the defendant [~] at the defendant's [his] home or elsewhere; (6) Work faithfully at suitable employment as far as possible; (7) Remain within a specified place; (8) Pay the defendant's [his] fine, if one be assessed, and all court costs whether a fine be assessed or not, in one or several sums; (9) Support the defendant's [his] dependents; (10) Participate, for a time specified by the judge in any community-based program, including a community-service work .^- program under Section 16 of this article; (11) Reimburse the county in which the prosecution was instituted for compensation paid to appointed counsel for defending the defendant [him] in the case, if counsel was appointed, or if the Page 3 of 5 http://www.capitolstate.tx.us/cgi-bin/tlo/viewtext.cmd?LEG=79&SESS=R&CHAMBER=... 7/14/2005 79(R) HB 1751 -Enrolled version -Bill Text Page 4 of 5 defendant []w] was represented by a county-paid public defender, in an amount that would have been paid to an appointed attorney had the ~~ county not had a public defender; (12) Remain under custodial supervision in a community corrections facility, obey all rules and regulations of such facility, and pay a percentage of the defendant's [hic] income to the facility for room and board; (13) Pay a percentage of the defendant's (lus] income to the defendant's [k~i~s] dependents for their support while under custodial supervision in a community corrections facility; (19) Submit to testing for alcohol or controlled substances; (15) Attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse; (16) With the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation; (17) Submit to electronic monitoring; (18) Reimburse the compensation to victims of crime (^~~^-ese] fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56.32 [5-s ccdc], of the defendant's offense, or if no reimbursement is required, make one payment to the compensation to victims of crime ~Q fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony; (19) Reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense; (20) Pay all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense; (21) Make one payment in an amount not to exceed $50 to a crime stoppers organization as defined by Section 414.001, Government Code, and as certified by the Crime Stoppers Advisory Council; (22) Submit a blood sample or other specimen to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant; and (23) In any manner required by the judge, provide public notice of the offense for which the defendant was placed on community supervision in the county in which the offense was committed. SECTION 3. The changes in law made by this Act apply only to an order of restitution that is entered or a condition of community supervision that is imposed on or after September 1, 2005. An order of restitution that is entered or a condition of community supervision that is imposed before September 1, 2005, is governed by the law in effect on the date the order was entered or the condition was imposed, and the former law is continued in effect for that purpose. ~^ SECTION 4. This Act takes effect September 1, 2005. http://www.capitol.state.tx.us/cgi-bin/tlo/viewtext.cmd?LEG=79&SESS=R&CHAMBER=... 7/14/2005 79(R) HB 1751 -Enrolled version -Bill Text President of the Senate Page 5 of 5 Speaker of the House I certify that H.B. No. 1751 was passed by the House on April 19, 2005, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 1751 on May 27, 2005, by a non-record vote. Chief Clerk of the House I certify that H.B. No. 1751 was passed by the Senate, with amendments, on May 25, 2005, by the following vote: Yeas 31, Nays 0. APPROVED: Date Governor Secretary of the Senate http://www.capitolstate.tx.us/cgi-bin/tlo/viewtext.cmd?LEG=79&SESS=R&CHAMBER=... 7/14/2005 7'2S ~S PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the~Age"n"d~a I~tem,,(/or/Items) you wish to address are discussed. Name: r/~11V U,~CI~_~ l i`~Q ~, Address: Telephone: Place of Employment: Employment Telephone: Do you represent any particular group or organization? Yes ^ No If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? ~~ In general, aze you for or against such Agenda Item (or Items)? For ^ Against ^ Signature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium please state your name and whofwhat you represent clearly for the court reporter to accurately record who you are.