This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:35 GMT
(a) A risk assessment of each county shall be conducted by the policy monitoring team each fiscal year as the primary means of determining which counties will be selected for on-site policy monitoring. On-site monitoring visits to counties shall then be apportioned by administrative judicial region, county size, risk assessment scores, past visits, and other documented factors. The risk assessment shall use a variety of factors related to the provision of indigent defense services, including but not limited to the following:(1) Investigation and expert witness expenses;(2) Reimbursements for attorney fees;(3) Per capita indigent defense expenses;(4) Felony, misdemeanor, and juvenile attorney appointment rates;(5) County population;(6) Complaints about a county received by the Commission;(7) Receipt of a TIDC improvement grant;(8) Requests for counsel during magistrate warnings under Article 15.17, Code of Criminal Procedure; and(9) Appellate cases.(b) Counties may receive monitoring visits as a result of factors outside of the risk assessment, including findings from a previous visit, a complaint, media reports, or a request from an elected state or local official. If Commission staff make a drop-in visit, fiscal monitoring review, or grant program review and determine that violations of the Fair Defense Act or Commission rules may be present in a county, the monitor may conduct a monitoring visit of the county's procedures.