FUNDED BY A GRANT FROM THE

TEXAS COURT OF CRIMINAL APPEALS

TEXAS MUNICIPAL COURTS

EDUCATION CENTER

2210 HANCOCK DRIVE, AUSTIN, TEXAS 78756

TELEPHONE 512.320.8274

1.800.252.3718

FAX 512.435.6118

TMCEC IS A PROJECT OF THE TEXAS MUNICIPAL COURTS ASSOCIATION

Community Service Requirements in

the Municipal Court

Presented by

Robby Chapman

Director of Clerk Education and Program Attorney

TMCEC

By the end of this session, participants will be able to:

1. Review 45.049 CCP

2. Discuss changes in Community Service

3. Understand what is a qualified agency

4. Acknowledge Tips, Tricks &Tools

5. Discuss difficult placements

7/5/2019

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Community Service& the Hidden Gems ofS.B. 1913 and H.B. 351

ObjectivesReview 45.049 CCPDiscuss changes in Community

Service What is a qualified agency Tips, Tricks &ToolsDiscuss difficult placements

Community Service Comes in FOUR Flavors

1. A means for defendant to discharge fine and costs (Community Service is as good as $$$)

2. A reasonable condition of deferred disposition (Art. 45.051(b)(10) CCP)

3. Mandatory or optional remedial measures for Juveniles, MIP, DUI, MIC, Tobacco, etc.

4. Juvenile means to discharge fines and costs (45.0492)

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2

Question 1

Ned has been on a payment plan anddefaulted on his last 2 payments. Thejudge must require communityservice and enter an order mandatinga specific number of hours due by acertain date in lieu of payment.

Is this True or False?

CCP 45.049 (a) A justice or judge may require a defendant who …

May Not “Shall” What else could the Judge do?

Question 2 Ned appears in court and testifies he has

recently lost his job. He has monthly childsupport which unemployment will coverbut has no other way to pay. The judge mayorder community service in an amount tocover the first payment and require thedefendant to appear with proof of CS inone month to reevaluate.

Is this True or False?

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CCP 45.049 (a) …fails to pay or who is determined to have insufficient resources or income to pay…

Does Ned have insufficient income or resources?

Could Ned’s employment situation change?

Question 3

Liz brought $100 from her birthday giftto her court appearance. She asks topay $100 today on her balance of $500.Liz says she won’t be able to afford to paythe balance any time soon. Judge canaccept the $100 and order communityservice for the remaining $400.

Is this True or False?

CCP 45.049 (a) …to discharge all or part…

Liz only had part What else could the judge do?

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Question 4 Liz brought $100 from her birthday gift

to her court appearance. She asks to pay $100 today on her balance of $500. Liz says she can pay $5 each pay check. Judge can order court costs of $132 be paid ($132-$100=$32 balance) and the total of $368 fine be satisfied through community service.

Is this True or False?

CCP 45.049 (a) …of the fine or costs by performing community service.

State costs get paid Service for the city to discharge fines What else could the judge do? Pay fine, CS for costs? Split between

both?

Question 5

Ned has changed his mind and comesback 2 hours later after court with$500 to pay in full. The clerk can takethe $500 and clear the case bypayment in full.

Is this True or False?

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CCP 45.049 (a) …A defendant may discharge the obligation to perform community service under this article by paying at any time the fine and costs assessed.

Do you make them go back to court? Could a standing order work well here? Form that states the above to submit with

payment?

Question 6

Liz is found guilty in open court and isordered to pay $500 fine & costs. Lizstates she can’t pay. Judge mayverbally order Liz to completecommunity service within the monthto discharge the $500.

Is this True or False?

CCP 45.049(b) In the judge’s order requiring a defendant to perform community service under this article…

Is verbal order the same as a written order?

What else needs to be in the order?

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CCP45.049(b)…the judge must specify (1) # of hours of CS the defendant is required to perform; and(2) the date by which the defendant must submit to the court documentation verifying the defendant's completion of the community service

Why is this important? Audit component? Clear instructions – set up for success?

Question 7

Ned is found guilty in open court andis ordered to pay $500 fine & costs.Ned states he can’t pay. Judge mayenter an order for Ned to clean thepark downtown within a month todischarge the $500.

Is this True or False?

CCP 45.049 (b) A justice or judge may order the defendant to perform community service under this article (1) by attending:

“Participate in” was amended to say “perform”.

Expanded to include counseling, mentoring, education, etc.

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Subsection (1) ExpansionsHB 351 SB 1913

Work/job skills training Work/job skills training

Prep class for high school equivalency exam (administered under 7.111 Ed Code)

Prep class for high school equivalency exam (administered under 7.111 Ed Code)

Alcohol/drug abuse program

Rehabilitation program

Counseling/self improvement program

Mentoring program

Or similar activity

Subsection (2) ExpansionsHB 351 & SB 1913

(A) a government entity

(B) a nonprofit organization or

(B continued) or another organization that provides services to the general public that enhance social welfare and the general well-being of the community

(C) An educational institution

Question 8

Ned appears in court to requestdischarge of his $500 fine & costs. Hepresents a letter from his full timesupervisor at a local grocery store,which states Ned worked 30 hours as avolunteer on a food drive with theirorganization. The judge may acceptthis as community service.

Is this True or False?

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CCP 45.049(c-1) An entity that accepts a defendant under this article to perform community service must agree to supervise either onsite or remotely and report on the service to the judge ◦Has this happened?Must accept defendant Agree to supervise (remotely) Agree to report

Tool # 1

Find Non Profits!

http://501c3lookup.org/Texas/

Create your judicially preapproved list!

Tool # 2

Monitor & Verify

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Tool # 3Use a Calculator Tool!

Tool # 3, contd.Statutes

Time Payment fee – 102.0212(4) LCG◦ Charge if PAID any part of the fine or

costs due on or after the 31st day

Collection Agency Fee – 103.0031(d) CCP◦ Defendant not liable if indigent,

insufficient resources or unable to pay underlying fine or costs

Tool # 4

•OCA – Current measures: # cases satisfied by partial CS

$ partially satisfied by CS# cases satisfied in full by CS$ satisfied in full by CS

Performance Measures

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Tool # 4, Contd.

What is missing?What about cases that were ordered

but did not complete?What is the $ value of that?What is the total # that failed to

complete?

Current OCA Measures

Tool # 4, Contd.Prepare an internal report that tells your story: ◦ # cases ordered◦ $ ordered◦ # complete by CS◦ $ complete by CS

Question 9 Liz appears in court to request

community service for a balance of $800. Liz asks if she can work all hours in the next 2 weeks. Liz is starting a new job in 2 weeks. The judge may issue a written order for 64 hours due in 14 days.

Is this True or False?

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CCP 45.049(d) A justice or judge may not order more than 16 hours per week of community service under this article…

32 hours in one week > 16 hoursThere is an exception…

CCP 45.049(d) …unless the judge determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s dependents.

Are there dependents? Could the order be written with an

extended date (same as any other)?

Question 10

Liz appears in court to request community service for a balance of $800. The judge may issue a written order for 80 hours of community service.

Is this True or False?

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CCP 45.049(e) A defendant is considered to have discharged not less than $100 of fines and costs for each 8 hours of community service performed

$100 divided by 8 hrs.=$12.50 calculated Hourly CS rate

Minimum Wage in Texas-$7.25 Prior to 9/1/17 – Rate was $6.25

Examples of what not to do Send to church and bring back a bulletin Cleaning jail & washing police cars Fail to verify what you are approving Sign & approve the discharge order before

verification has occurred Allow staff to zero out balances due with out

proper court orders Just take a persons word for it Update your provider list Buy Out Programs or online community

service scams ($23.50 for 50 hours of service)

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Difficult Placements

Where do you send people who are charged with crimes of moral turpitude and agencies will not take them? Assault, Theft, etc.?

Work with your county probation department

Reach out to agencies that are willing to take individuals

CCP45.049(f) A municipal court judge orofficer or employee of a political subdivisionis not liable for damages arising from an actor failure to act in connection withcommunity service performed by a defendantunder this article, if the act or failure to act:

was performed pursuant to court order was not intentionally, willfully or wantonly

negligent, with reckless disregard for safety have defendant sign liability waiver

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Thank you!

Sample CalculatorBalance Due $642.50 $475 Fine + 30% + TPF *Remove before CS calculated (103.0031(d) CCPDeducted Fees $157.50 30% Coll + $25 TPF *Assessed but not calculated into CS hrsTotal $ for CS $485.00 Set to Auto Calculate the total after fees are deducted State Law Requires:CS Hourly Rate $12.50 Enter your CS hourly rate here! $100 8 $12.50 Dollars  Per hour MinimumTotal hours due 39 Set to Auto Calculate $485 (total $s for CS divided by CS hourly rate / $12.50 16 7 2.29 Hours Per day MaximumToday 12/15/2017 Enter today hereDate Due 1/22/2018 Set to Auto Calculate a due date by 39 (total hours due) @ 1 hr per day

In Cell 5C you can enter your CS hourly rate with the minimum bing $12.50 or$100 divided by 8 hours.