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A UNIQUE EXERIENCE IN LEARNING LAW
In 2013, S.B. 462 amended Section 121.002(d)(1) of the Government Code by mandating best practices in Specialty Court programs.
SUPPORTERS OF S.B. 462
According to a House Research Organization (HRO) Bill Analysis, supporters of S.B. 462 said, inter alia, that the bill would provide "uniform statutory structure," "consistency across programs," and "solve problems caused by the current local control scheme by requiring specialty court programs to comply with adopted statewide best practices." Id., at 5.
NON-SUPPORTERS OF S.B. 462
Whereas non-supporters of S.B. 462 said, inter alia, that the bill would "impose statewide standards on programs intended to meet local needs. Specialty courts are programs instituted by judges and courts to meet the specific needs of a jurisdiction. These programs have had broad latitude to determine what solutions work best for each court and each community. By imposing statewide standards and requiring specialty courts to follow best practices, the bill would negate the important local control enjoyed by these programs." Id., at 6.
Currently, the Texas Judicial Council (TJC) has adopted best practices for Adult and Family Drug courts. Whereas, revisions made by All Rise in its 2023 publication of Adult Treatment Court Best Practice Standards, 2nd ed., "are still being reviewed for recommendations to TJC" by the Specialty Courts Advisory Council.
A veterans treatment court that categorically impose blanket disqualifications based on a justice-involved veteran criminal charge and/or criminal history, that are not empirically valid, are “unwarranted."[1]
Notably, Texas VTC programs are established "for [justice-involved veterans (JIV)] arrested for, charged with, convicted of, or placed on deferred adjudication community supervision for any misdemeanor or felony offense." Texas Government Code, sec. 124.002(a)(emphasis added).
A veterans treatment court is "most effective and cost-efficient when they serve high-risk and high-need [justice-involved veterans] who require an intensive combination of treatment and supervision.”[2]
A veterans treatment court “should not impose resource requirements.”[3]
A veterans treatment court team “should make proactive efforts to recruit potentially eligible persons early in the legal case process, when they are most likely to accept referral offers and succeed in the program.”[4] Moreover, a VTC “should describe their admissions criteria and the benefits of the program to a wide range of potential referral sources to ensure that they reach individuals needing their services in a timely manner.”[5] See Comparative Analysis.
Prosecutors who hold “erroneous and non-evidence-based beliefs about who can be served safely and effectively” in veterans treatment court, can “introduce cultural disparities into [a VTC] program.” For this reason, prosecutors should exercise their discretionary powers “with care and avoid routinely denying access to candidates who otherwise meet the program’s evidence- based eligibility criteria.”[6]
[1]. See, Adult Treatment Court Best Practice Standards, 2nd ed (2023), pp.3, 8, 19, and 20.
[2]. Id., at 3.
[3]. Id., at 22.
[4]. Id., at 9.
[5]. Id. See, also, All Rise. National Association of Drug Court Professionals, Equity & Inclusion: Equivalent Access Assessment and Toolkit, Adult Drug Court Best Practice Standard II (“describes promising outreach strategies to increase timely recruitment of eligible persons and enhance culturally equitable access to treatment courts”).
[6]. Second Edition, supra., at 190.