By: Hightower H.B. No. 1234
73R1619 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to punishment applicable to criminal offenses, the manner
1-3 in which punishment is executed, the efficient operation of a
1-4 system of community corrections, and the creation of the Texas
1-5 Commission on Juvenile Issues; providing an appropriation.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1
1-8 SECTION 1.01. Chapter 12, Penal Code, is amended to read as
1-9 follows:
1-10 CHAPTER 12. PUNISHMENTS
1-11 SUBCHAPTER A. GENERAL PROVISIONS
1-12 Sec. 12.01. PUNISHMENT IN ACCORDANCE WITH CODE. (a) A
1-13 person adjudged guilty of an offense under this code shall be
1-14 punished in accordance with this chapter and the Code of Criminal
1-15 Procedure<, 1965>.
1-16 (b) Penal laws enacted after the effective date of this code
1-17 shall be classified for punishment purposes in accordance with this
1-18 chapter.
1-19 (c) This chapter does not deprive a court of authority
1-20 conferred by law to forfeit property, dissolve a corporation,
1-21 suspend or cancel a license or permit, remove a person from office,
1-22 cite for contempt, or impose any other civil penalty. The civil
1-23 penalty may be included in the sentence.
1-24 Sec. 12.02. CLASSIFICATION OF OFFENSES. Offenses are
2-1 designated as felonies or misdemeanors.
2-2 Sec. 12.03. CLASSIFICATION OF MISDEMEANORS. (a)
2-3 Misdemeanors are classified according to the relative seriousness
2-4 of the offense into three categories:
2-5 (1) Class A misdemeanors;
2-6 (2) Class B misdemeanors;
2-7 (3) Class C misdemeanors.
2-8 (b) An offense designated a misdemeanor in this code without
2-9 specification as to punishment or category is a Class C
2-10 misdemeanor.
2-11 (c) Conviction of a Class C misdemeanor does not impose any
2-12 legal disability or disadvantage.
2-13 Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are
2-14 classified according to the relative seriousness of the offense
2-15 into six <four> categories:
2-16 (1) capital murder <felonies>;
2-17 (2) murder;
2-18 (3) felonies of the first degree;
2-19 (4) <(3)> felonies of the second degree;
2-20 (5) <(4)> felonies of the third degree; and
2-21 (6) felonies of the fourth degree.
2-22 (b) An offense designated a felony in this code without
2-23 specification as to category is a felony of the fourth <third>
2-24 degree.
2-25 (Sections 12.05-12.20 reserved for expansion)
2-26 SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS
2-27 Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged
3-1 guilty of a Class A misdemeanor shall be punished by:
3-2 (1) a fine not to exceed $4,000 <$3,000>;
3-3 (2) confinement in jail for a term not to exceed one
3-4 year; or
3-5 (3) both such fine and confinement <imprisonment>.
3-6 Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged
3-7 guilty of a Class B misdemeanor shall be punished by:
3-8 (1) a fine not to exceed $2,000 <$1,500>;
3-9 (2) confinement in jail for a term not to exceed 180
3-10 days; or
3-11 (3) both such fine and confinement <imprisonment>.
3-12 Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged
3-13 guilty of a Class C misdemeanor shall be punished by a fine not to
3-14 exceed $500.
3-15 (Sections 12.24-12.30 reserved for expansion)
3-16 SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS
3-17 Sec. 12.31. CAPITAL MURDER AND MURDER <FELONY>. (a) An
3-18 individual adjudged guilty of <a> capital murder <felony> in a case
3-19 in which the state seeks the death penalty shall be punished by
3-20 imprisonment <confinement> in the institutional division <of the
3-21 Texas Department of Criminal Justice> for life or by death. An
3-22 individual adjudged guilty of <a> capital murder <felony> in a case
3-23 in which the state does not seek the death penalty shall be
3-24 punished by imprisonment <confinement> in the institutional
3-25 division for life.
3-26 (b) An individual adjudged guilty of murder shall be
3-27 punished by imprisonment in the institutional division for any term
4-1 of not more than 35 years or less than 2 years.
4-2 (c) In a capital murder <felony> trial in which the state
4-3 seeks the death penalty, prospective jurors shall be informed that
4-4 a sentence of life imprisonment, life imprisonment without parole,
4-5 or death is mandatory on conviction of a capital murder <felony>.
4-6 In a capital murder <felony> trial in which the state does not seek
4-7 the death penalty, prospective jurors shall be informed that the
4-8 state is not seeking the death penalty and that a sentence of life
4-9 imprisonment or life imprisonment without parole is mandatory on
4-10 conviction of the capital murder <felony>.
4-11 Sec. 12.32. FIRST DEGREE <FIRST-DEGREE> FELONY PUNISHMENT.
4-12 (a) An individual adjudged guilty of a felony of the first degree
4-13 shall be punished by imprisonment <confinement> in the
4-14 institutional division <Texas Department of Corrections for life
4-15 or> for any term of not more than 20 <99> years or less than 2 <5>
4-16 years.
4-17 (b) In addition to imprisonment, an individual adjudged
4-18 guilty of a felony of the first degree may be punished by a fine
4-19 not to exceed $10,000.
4-20 Sec. 12.33. SECOND DEGREE <SECOND-DEGREE> FELONY PUNISHMENT.
4-21 (a) An individual adjudged guilty of a felony of the second degree
4-22 shall be punished by imprisonment <confinement> in the
4-23 institutional division <Texas Department of Corrections> for any
4-24 term of not more than 8 <20> years or less than 1 year <2 years>.
4-25 (b) In addition to imprisonment, an individual adjudged
4-26 guilty of a felony of the second degree may be punished by a fine
4-27 not to exceed $10,000.
5-1 Sec. 12.34. THIRD DEGREE <THIRD-DEGREE> FELONY PUNISHMENT.
5-2 (a) An individual adjudged guilty of a felony of the third degree
5-3 shall be punished by imprisonment<:>
5-4 <(1) confinement> in the institutional division <of
5-5 the Texas Department of Criminal Justice> for any term of not more
5-6 than 4 <10> years or less than <2 years; or>
5-7 <(2) confinement in a community correctional facility
5-8 for any term of not more than> 1 year.
5-9 (b) In addition to imprisonment, an individual adjudged
5-10 guilty of a felony of the third degree may be punished by a fine
5-11 not to exceed $10,000.
5-12 Sec. 12.35. FOURTH DEGREE FELONY PUNISHMENT. (a) An
5-13 individual adjudged guilty of a felony of the fourth degree shall
5-14 be punished by community supervision for any term of not more than
5-15 4 years or less than 1 year.
5-16 (b) In addition to community supervision, an individual
5-17 adjudged guilty of a felony of the fourth degree may be punished by
5-18 a fine not to exceed $10,000.
5-19 (Sections 12.36 <12.35>-12.40 reserved for expansion)
5-20 SUBCHAPTER D. EXCEPTIONAL SENTENCES
5-21 Sec. 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.
5-22 For purposes of this subchapter, any conviction not obtained from a
5-23 prosecution under this code shall be classified as follows:
5-24 (1) "felony of the third degree" if imprisonment
5-25 <confinement> in a penitentiary is affixed to the offense as a
5-26 possible punishment;
5-27 (2) "Class B misdemeanor" if the offense is not a
6-1 felony and confinement in a jail is affixed to the offense as a
6-2 possible punishment;
6-3 (3) "Class C misdemeanor" if the offense is punishable
6-4 by fine only.
6-5 Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY
6-6 OFFENDERS. (a) If it is <be> shown on the trial of a fourth
6-7 degree <third-degree> felony that the defendant has previously been
6-8 <once before> convicted of any three or more felonies <felony>, on
6-9 conviction he shall be punished by imprisonment in the
6-10 institutional division for any term of not more than 4 years or
6-11 less than 1 year <for a second-degree felony>.
6-12 (b) If it is <be> shown on the trial of a third degree
6-13 <second-degree> felony that the defendant has previously been <once
6-14 before> convicted of any three felonies <felony>, on conviction he
6-15 shall be punished by imprisonment in the institutional division for
6-16 any term of not more than 6 years or less than 2 years <for a
6-17 first-degree felony>.
6-18 (c) If it is <be> shown on the trial of a second degree
6-19 <first-degree> felony that the defendant has been once before
6-20 convicted of any felony, on conviction he shall be punished by
6-21 imprisonment <confinement> in the institutional division <Texas
6-22 Department of Corrections for life, or> for any term of not more
6-23 than 8 <99> years or less than 2 <15> years. If it is shown on the
6-24 trial of a second degree felony that the defendant has previously
6-25 been convicted of any two felonies, he shall be punished by
6-26 imprisonment in the institutional division for any term of not more
6-27 than 8 years or less than 3 years. If it is shown on the trial of
7-1 a second degree felony that the defendant has previously been
7-2 convicted of any three felonies, he shall be punished by
7-3 imprisonment in the institutional division for any term of not more
7-4 than 10 years or less than 4 years. <In addition to imprisonment,
7-5 an individual may be punished by a fine not to exceed $10,000.>
7-6 (d) If it is <be> shown on the trial of a first degree
7-7 felony that the defendant has been once before convicted of any
7-8 felony other than capital murder, murder, or a person offense first
7-9 degree felony, he shall be punished by imprisonment in the
7-10 institutional division for any term of not more than 20 years or
7-11 less than 3 years. If it is shown on the trial of a first degree
7-12 felony that the defendant has previously been convicted of any two
7-13 felonies, neither of which is capital murder, murder, or a person
7-14 offense first degree felony, he shall be punished by imprisonment
7-15 in the institutional division for any term of not more than 20
7-16 years or less than 4 years. If it is shown on the trial of a first
7-17 degree felony that the defendant has previously been convicted of
7-18 any three felonies none of which is capital murder, murder, or a
7-19 person offense first degree felony, he shall be punished by
7-20 imprisonment in the institutional division for any term of not more
7-21 than 25 years or less than 5 years. If it is shown on the trial of
7-22 a first degree felony that the defendant has previously been
7-23 convicted of capital murder, murder, or a person offense first
7-24 degree felony, he shall be punished by imprisonment in the
7-25 institutional division for any term of not more than 35 years or
7-26 less than 7 years.
7-27 (e) If it is shown on the trial of a murder that the
8-1 defendant has been once before convicted of any felony other than
8-2 capital murder, murder, or a person offense first degree felony, he
8-3 shall be punished by imprisonment in the institutional division for
8-4 any term of not more than 35 years or less than 3 years. If it is
8-5 shown on the trial of a murder that the defendant has previously
8-6 been convicted of any two felonies, neither of which is a capital
8-7 murder, a murder, or a person offense first degree felony, he shall
8-8 be punished by imprisonment in the institutional division for any
8-9 term of not more than 35 years or less than 4 years. If it is
8-10 shown on the trial of a murder that the defendant has previously
8-11 been convicted of any three felonies, none of which is a capital
8-12 murder, a murder, or a person offense first degree felony, he shall
8-13 be punished by imprisonment in the institutional division for any
8-14 term of not more than 35 years or less than 5 years. If it is
8-15 shown on the trial of a murder that the defendant has previously
8-16 been convicted of capital murder, murder, or a person offense first
8-17 degree felony, he shall be punished by imprisonment in the
8-18 institutional division for any term of not more than 35 years or
8-19 less than 7 years <any felony offense that the defendant has
8-20 previously been finally convicted of two felony offenses, and the
8-21 second previous felony conviction is for an offense that occurred
8-22 subsequent to the first previous conviction having become final, on
8-23 conviction he shall be punished by confinement in the Texas
8-24 Department of Corrections for life, or for any term of not more
8-25 than 99 years or less than 25 years>.
8-26 <Sec. 12.422. IMPOSITION OF SUBSTANCE ABUSE FELONY
8-27 PUNISHMENT. (a) A court may punish an eligible defendant
9-1 convicted of an offense listed in Subsection (d) of this section
9-2 that is otherwise punishable as a felony of the first, second, or
9-3 third degree by imposing on the defendant:>
9-4 <(1) a term of confinement and treatment in a
9-5 substance abuse treatment facility operated by the community
9-6 justice assistance division of the Texas Department of Criminal
9-7 Justice for an indeterminate term of not more than one year or less
9-8 than six months, except that the minimum term for a defendant whose
9-9 underlying offense is an offense under Article 6701l-1, Revised
9-10 Statutes, is 30 days;>
9-11 <(2) a term of not less than two years or more than 10
9-12 years in the institutional division of the Texas Department of
9-13 Criminal Justice, to begin not later than the 30th day after the
9-14 day on which the defendant is released from a substance abuse
9-15 facility; and>
9-16 <(3) a fine not to exceed $10,000.>
9-17 <(b) A defendant is an eligible defendant for the purposes
9-18 of this section if:>
9-19 <(1) a pre-sentence investigation conducted under
9-20 Section 9, Article 42.12, Code of Criminal Procedure, or any other
9-21 indication suggests that drug or alcohol abuse significantly
9-22 contributed to the commission of the offense;>
9-23 <(2) the court determines that there are no other
9-24 community-based programs or facilities that are suitable for the
9-25 treatment of the defendant; and>
9-26 <(3) after considering the gravity and circumstances
9-27 of the offense committed, the court finds that the punishment would
10-1 best serve the ends of justice.>
10-2 <(c) A conviction of an offense for which punishment is
10-3 imposed under this section is a final conviction for the purposes
10-4 of Section 12.42 of this code.>
10-5 <(d) This section applies to all felony offenses other than
10-6 murder under Section 19.02, Penal Code, or an offense listed under
10-7 Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, or a
10-8 sentence the judgment for which contains an affirmative finding
10-9 under Section 3g(a)(2) of that article.>
10-10 Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR
10-11 OFFENDERS. (a) If it is <be> shown on the trial of a Class A
10-12 misdemeanor that the defendant has been before convicted of a Class
10-13 A misdemeanor or any degree of felony, on conviction he shall be
10-14 punished by confinement in jail for any term of not more than one
10-15 year or less than 90 days.
10-16 (b) If it is <be> shown on the trial of a Class B
10-17 misdemeanor that the defendant has been before convicted of a Class
10-18 A or Class B misdemeanor or any degree of felony, on conviction he
10-19 shall be punished by confinement in jail for any term of not more
10-20 than 180 days or less than 30 days.
10-21 (c) If the punishment scheme for an offense contains a
10-22 specific enhancement provision increasing punishment for a
10-23 defendant who has previously been convicted of the offense, the
10-24 specific enhancement provision controls over this section.
10-25 Sec. 12.44. REDUCTION OF THIRD DEGREE <THIRD-DEGREE> OR
10-26 FOURTH DEGREE FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A
10-27 court may punish a defendant who is convicted of a third degree or
11-1 fourth degree felony and who has not previously been convicted of
11-2 two or more felonies by imposing the punishment for a Class A
11-3 misdemeanor if, after considering the gravity and circumstances of
11-4 the felony committed and the history, character, and rehabilitative
11-5 needs of the defendant, the court finds that such punishment would
11-6 best serve the ends of justice.
11-7 (b) When a court is authorized to impose punishment for a
11-8 lesser category of offense as provided in Subsection (a) <of this
11-9 section>, the court may authorize the prosecuting attorney to
11-10 prosecute initially for the lesser category of offense.
11-11 Sec. 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A
11-12 person may, with the consent of the attorney for the state, admit
11-13 during the sentencing hearing his guilt of one or more
11-14 unadjudicated offenses and request the court to take each into
11-15 account in determining sentence for the offense or offenses of
11-16 which he stands adjudged guilty.
11-17 (b) Before a court may take into account an admitted offense
11-18 over which exclusive venue lies in another county or district, the
11-19 court must obtain permission from the prosecuting attorney with
11-20 jurisdiction over the offense.
11-21 (c) If a court lawfully takes into account an admitted
11-22 offense, prosecution is barred for that offense.
11-23 Sec. 12.46. USE OF PRIOR CONVICTIONS. The use of a
11-24 conviction for enhancement purposes shall not preclude the
11-25 subsequent use of such conviction for enhancement purposes.
11-26 <Sec. 12.47. PENALTY IF CRIME COMMITTED AGAINST CHILD DURING
11-27 RITUAL OR CEREMONY. (a) The punishment prescribed for an offense
12-1 listed in Subsection (b) of this section is increased to the
12-2 punishment prescribed for the next highest category of offense if
12-3 it is shown on the trial of the offense that:>
12-4 <(1) the victim of the offense was younger than 17
12-5 years of age at the time of the offense; and>
12-6 <(2) the offense was committed as part of a ritual or
12-7 ceremony.>
12-8 <(b) This section applies to an offense under the following
12-9 sections of the Penal Code:>
12-10 <(1) Section 21.11 (Indecency with a Child);>
12-11 <(2) Section 22.01 (Assault);>
12-12 <(3) Section 22.011 (Sexual Assault);>
12-13 <(4) Section 22.02 (Aggravated Assault);>
12-14 <(5) Section 22.021 (Aggravated Sexual Assault);>
12-15 <(6) Section 22.04 (Injury to a Child or an Elderly
12-16 Individual);>
12-17 <(7) Section 22.041 (Abandoning or Endangering Child);>
12-18 <(8) Section 25.02 (Incest);>
12-19 <(9) Section 25.06 (Solicitation of a Child);>
12-20 <(10) Section 25.11 (Sale or Purchase of Child);>
12-21 <(11) Section 43.24 (Sale, Distribution, or Display of
12-22 Harmful Material to Minor); and>
12-23 <(12) Section 43.25 (Sexual Performance by a Child).>
12-24 <(c) This section does not apply to an offense for which the
12-25 punishment otherwise prescribed is the punishment for a
12-26 first-degree felony or a capital felony.>
12-27 (Sections 12.47 <12.48>-12.50 reserved for expansion)
13-1 SUBCHAPTER E. CORPORATIONS AND ASSOCIATIONS
13-2 Sec. 12.51. AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND
13-3 ASSOCIATIONS. (a) If a corporation or association is adjudged
13-4 guilty of an offense that provides a penalty consisting of a fine
13-5 only, a court may sentence the corporation or association to pay a
13-6 fine in an amount fixed by the court, not to exceed the fine
13-7 provided by the offense.
13-8 (b) If a corporation or association is adjudged guilty of an
13-9 offense that provides a penalty including imprisonment, or that
13-10 provides no specific penalty, a court may sentence the corporation
13-11 or association to pay a fine in an amount fixed by the court, not
13-12 to exceed:
13-13 (1) $20,000 if the offense is a felony of any
13-14 category;
13-15 (2) $10,000 if the offense is a Class A or Class B
13-16 misdemeanor;
13-17 (3) $2,000 if the offense is a Class C misdemeanor; or
13-18 (4) $50,000 if, as a result of an offense classified
13-19 as a felony or Class A misdemeanor, an individual suffers serious
13-20 bodily injury or death.
13-21 (c) In lieu of the fines authorized by Subsections (a),
13-22 (b)(1), (b)(2), and (b)(4) <of this section>, if a court finds that
13-23 the corporation or association gained money or property or caused
13-24 personal injury or death, property damage, or other loss through
13-25 the commission of a felony or Class A or Class B misdemeanor, the
13-26 court may sentence the corporation or association to pay a fine in
13-27 an amount fixed by the court, not to exceed double the amount
14-1 gained or caused by the corporation or association to be lost or
14-2 damaged, whichever is greater.
14-3 (d) In addition to any sentence that may be imposed by this
14-4 section, a corporation or association that has been adjudged guilty
14-5 of an offense may be ordered by the court to give notice of the
14-6 conviction to any person the court deems appropriate.
14-7 (e) On conviction of a corporation or association, the court
14-8 shall notify the attorney general of that fact.
14-9 (Sections 12.52-12.70 reserved for expansion
14-10 SUBCHAPTER F. PERSON OFFENSE RANKING
14-11 Sec. 12.71. CATEGORIZATION. Each offense in the person
14-12 offense classification is categorized as:
14-13 (1) capital murder;
14-14 (2) murder; or
14-15 (3) a first, second, third, or fourth degree felony.
14-16 Sec. 12.72. FUNCTION. The ranking system established by
14-17 this subchapter shall be used to determine:
14-18 (1) a defendant's eligibility for deferred
14-19 adjudication under Article 42.12, Code of Criminal Procedure; and
14-20 (2) the applicable punishment for a repeat offender
14-21 under Section 12.42.
14-22 Sec. 12.73. COMPATIBILITY WITH EXISTING PROVISIONS. This
14-23 subchapter is intended to complement the classification system
14-24 established by Subchapter A.
14-25 Sec. 12.74. PERSON OFFENSES. (a) In the person offense
14-26 classification, capital murder and murder are the only offenses
14-27 within their respective categories.
15-1 (b) In the person offense classification, the first degree
15-2 felony offenses are:
15-3 (1) aggravated sexual assault;
15-4 (2) injury to a child (intentional with serious bodily
15-5 injury);
15-6 (3) aggravated kidnapping;
15-7 (4) aggravated assault (with serious bodily injury to
15-8 public servant);
15-9 (5) aggravated robbery (with serious bodily injury or
15-10 with use of weapon);
15-11 (6) arson (with bodily injury); and
15-12 (7) burglary (with bodily injury or attempt).
15-13 (c) In the person offense classification, the second degree
15-14 felony offenses are:
15-15 (1) voluntary manslaughter (sudden passion);
15-16 (2) involuntary manslaughter;
15-17 (3) intoxication manslaughter;
15-18 (4) aggravated kidnapping (safe release);
15-19 (5) burglary (occupant or weapon);
15-20 (6) tampering with consumer product (with bodily
15-21 injury);
15-22 (7) aggravated assault;
15-23 (8) injury to a child (reckless with serious bodily
15-24 injury);
15-25 (9) indecency with a child (touching);
15-26 (10) abandoning child (imminent danger);
15-27 (11) sexual performance by child;
16-1 (12) sexual assault; and
16-2 (13) compelling prostitution.
16-3 (d) In the person offense classification, the third degree
16-4 felony offenses are:
16-5 (1) kidnapping;
16-6 (2) robbery;
16-7 (3) intoxication assault (driving while intoxicated
16-8 resulting in serious bodily injury);
16-9 (4) injury to a child (intentional with bodily
16-10 injury);
16-11 (5) abandoning child (without intent to return);
16-12 (6) prohibited sexual conduct (incest);
16-13 (7) sale of child;
16-14 (8) indecency with child (exposing);
16-15 (9) solicitation of a child; and
16-16 (10) burglary (habitation, without aggravating
16-17 factors).
16-18 (e) In the person offense classification, the fourth degree
16-19 felony offenses are:
16-20 (1) negligent homicide;
16-21 (2) injury to a child (reckless with bodily injury or
16-22 negligent with serious bodily injury);
16-23 (3) abandoning child;
16-24 (4) aiding suicide;
16-25 (5) interference with possession of or access to
16-26 child;
16-27 (6) agreement to abduct from custody; and
17-1 (7) false imprisonment.
17-2 SECTION 1.02. The change in law made by this article to
17-3 Chapter 12, Penal Code, applies only to a defendant convicted of an
17-4 offense committed on or after the effective date of this article.
17-5 For the purposes of this section, an offense is committed before
17-6 the effective date of this article if any element of the offense
17-7 occurs before that date. A defendant convicted of an offense
17-8 committed before the effective date of this article is covered by
17-9 the law in effect when the offense was committed, and the former
17-10 law is continued in effect for this purpose.
17-11 ARTICLE 2
17-12 SECTION 2.01. Article 42.13, Code of Criminal Procedure, is
17-13 amended to read as follows:
17-14 Art. 42.13. COMMUNITY JUSTICE ASSISTANCE DIVISION OF THE
17-15 TEXAS DEPARTMENT OF CRIMINAL JUSTICE
17-16 Sec. 1. Purpose; Definitions. (a) The purpose of this
17-17 article is to:
17-18 (1) allow localities to increase their involvement and
17-19 responsibility in developing sentencing programs that provide
17-20 effective sanctions for criminal defendants <felony offenders>;
17-21 (2) provide increased opportunities for criminal
17-22 defendants <felony offenders> to make restitution to victims of
17-23 crime through financial reimbursement or community service;
17-24 (3) provide increased use of community penalties
17-25 designed specifically to meet local needs; and
17-26 (4) promote efficiency and economy in the delivery of
17-27 community-based correctional programs consistent with the
18-1 objectives defined by Section 1.02, Penal Code.
18-2 (b) In this article:
18-3 (1) "Board" means the Texas Board of Criminal Justice.
18-4 (2) "Community corrections facility" means a physical
18-5 structure or any portion of a structure designated as a community
18-6 corrections facility by a community justice council for the purpose
18-7 of confining defendants and providing services and programs to
18-8 modify criminal behavior, deter criminal activity, protect the
18-9 public, and restore victims of crime. The term includes:
18-10 (A) a restitution center;
18-11 (B) a court residential treatment facility;
18-12 (C) a substance abuse treatment facility;
18-13 (D) a custody facility or boot camp;
18-14 (E) a facility for an offender with a mental
18-15 impairment, as defined by Section 614.001, Health and Safety Code;
18-16 and
18-17 (F) an intermediate sanction facility.
18-18 (3) "Department" means a community supervision and
18-19 corrections department established under Article 42.131 of this
18-20 code.
18-21 (4) <(3)> "Division" means the community justice
18-22 assistance division of the Texas Department of Criminal Justice.
18-23 (5) "State aid" means funds appropriated by the
18-24 legislature to the division to provide financial assistance to:
18-25 (A) judicial districts, for the administration
18-26 of departments and the development or improvement of community
18-27 supervision services;
19-1 (B) judicial districts, counties,
19-2 municipalities, and nonprofit organizations for:
19-3 (i) the development or improvement of
19-4 community corrections facilities; and
19-5 (ii) complying with standards and policies
19-6 adopted by the division or board; and
19-7 (C) counties, as performance rewards.
19-8 Sec. 2. Standards and Procedures. (a) The division shall
19-9 propose and the board shall adopt reasonable rules establishing:
19-10 (1) <establishing> minimum standards for programs,
19-11 community corrections facilities and other facilities, equipment,
19-12 and other aspects of the operation of departments;
19-13 (2) procedures and standards for the development and
19-14 operation of facilities established under Section 9 of this article
19-15 <establishing an application process and procedures for funding
19-16 community corrections facilities>; <and>
19-17 (3) a list and description of core services that
19-18 should be provided by each department;
19-19 (4) methods for measuring the success of community
19-20 supervision and corrections programs, including methods for
19-21 measuring rates of diversion, program completion, and recidivism;
19-22 and
19-23 (5) <establishing> a format for community justice
19-24 plans.
19-25 (b) In establishing standards relating to the operation of
19-26 departments, the division shall consider guidelines <previously>
19-27 developed and presented by the advisory committee on community
20-1 supervision and corrections <probation> department management to
20-2 the judicial advisory council established under Section
20-3 493.003(b), Government Code <Texas Adult Probation Commission>.
20-4 (c) After consultation with the Texas Commission on Alcohol
20-5 and Drug Abuse, the division by rule shall establish standards for
20-6 the operation of substance abuse facilities and programs by the
20-7 division and by departments. A facility or program operating
20-8 under the standards is not required to be licensed or otherwise
20-9 approved by any other state or local agency.
20-10 Sec. 3. Records, Reports, and Information Systems. (a) The
20-11 division shall require each department to:
20-12 (1) keep financial and statistical records determined
20-13 necessary by the division;
20-14 (2) submit a community justice plan and all supporting
20-15 information requested by the division;<, if Section 3 of Article
20-16 42.131 of this code applies to the department; and>
20-17 (3) present data requested by the division as
20-18 necessary to determine the amount of state aid for which the
20-19 department is eligible; and
20-20 (4) submit periodic financial audits and statistical
20-21 reports to the division.
20-22 (b) The division shall develop an automated <probationer>
20-23 tracking system that:
20-24 (1) is capable of receiving tracking data from
20-25 community supervision and corrections departments' caseload
20-26 management and accounting systems;
20-27 (2) is capable of tracking the defendant <probationer>
21-1 and the sentencing event at <conviction for> which the defendant
21-2 was placed on community supervision <probationer received
21-3 probation> by name, arrest charge code, and incident number;
21-4 (3) provides the division with the statistical data it
21-5 needs to support budget requests and satisfy requests for
21-6 information; and
21-7 (4) is compatible with the requirements of Chapter 60
21-8 of this code and the information systems used by the institutional
21-9 division and the pardons and paroles <Board of Pardons and Paroles>
21-10 division of the department.
21-11 Sec. 4. INSPECTIONS; AUDITS; EVALUATIONS. (a) The division
21-12 may inspect and evaluate a department or conduct audits of
21-13 financial records of a department at any reasonable time to
21-14 determine compliance with the division's rules and standards.
21-15 (b) The division, in cooperation with the Criminal Justice
21-16 Policy Council, annually shall evaluate not less than 10 percent of
21-17 the facilities described by Section 5 of this article and funded
21-18 with state aid by applying risk assessment instruments developed by
21-19 the division to determine whether persons confined exhibit levels
21-20 of risk or needs that if not addressed through the confinement and
21-21 treatment in a community corrections facility make it probable that
21-22 the persons would pose unacceptable levels of threat to public
21-23 safety through additional criminal behavior.
21-24 (c) The division shall authorize payments under Section
21-25 11(a)(1) of this article only if the division determines that the
21-26 department has made a reasonable effort to maintain workloads for
21-27 supervising officers that do not exceed the following ratios:
22-1 (1) one officer or full-time equivalent per 25 cases,
22-2 with a workload unit value of 4 per case, for cases requiring
22-3 intensive supervision;
22-4 (2) one officer or full-time equivalent per 40 cases,
22-5 with a workload unit value of 2.5 per case, for cases requiring
22-6 maximum supervision;
22-7 (3) one officer or full-time equivalent per 75 cases,
22-8 with a workload unit value of 1.33 per case, for cases requiring a
22-9 medium level of supervision; and
22-10 (4) one officer or full-time equivalent per 100 cases,
22-11 with a workload unit value of 1 per case, for cases requiring a
22-12 minimum level of supervision.
22-13 Sec. 5. Community Corrections Facilities and Regional Work
22-14 Facilities. (a) In order to establish and maintain community
22-15 corrections facilities and regional work facilities, the division
22-16 may:
22-17 (1) <develop standards for the physical plant and
22-18 operation of community corrections facilities and standards for the
22-19 programs offered by those facilities;>
22-20 <(2)> fund division-managed <community corrections>
22-21 facilities <if local contractors are not available or do not meet
22-22 the standards established by the division>;
22-23 (2) <(3)> fund contracts for <management of community
22-24 corrections> facilities that are managed by departments, counties,
22-25 or vendors;
22-26 (3) <(4)> provide funds to departments for the
22-27 renovation of leased or donated buildings for use as <community
23-1 corrections> facilities;
23-2 (4) <(5)> accept ownership of real property pursuant
23-3 to an agreement under which the division agrees to construct a
23-4 <community corrections> facility and offer the facility for lease;
23-5 (5) <(6)> allow departments, counties, or
23-6 municipalities to accept and use buildings provided by units of
23-7 local governments, including rural hospital districts, for use as
23-8 <community corrections> facilities;
23-9 (6) <(7)> provide funds to departments, counties, or
23-10 municipalities to lease, purchase, or construct buildings or to
23-11 lease or purchase<,> land<,> or other real property for use as
23-12 <community corrections> facilities, lease or purchase equipment
23-13 necessary for the operation of facilities, and pay other costs as
23-14 necessary for the management and operation of facilities; and
23-15 <(8) require that all community corrections facilities
23-16 be in compliance with state and local safety laws;>
23-17 <(9) develop standards for disciplinary rules to be
23-18 imposed on residents of community corrections facilities;>
23-19 <(10) require departments to provide data requested by
23-20 the division;>
23-21 (7) <(11)> be a party to a contract for correctional
23-22 services or approve a contract for those services if the state, on
23-23 a biennial appropriations basis, commits to fund a portion of the
23-24 contract<; and>
23-25 <(12) develop standards for the granting of emergency
23-26 furloughs for residents confined in community corrections
23-27 facilities>.
24-1 (b) The division may require that community corrections
24-2 facilities and regional work facilities comply with state and local
24-3 safety laws and may develop standards for:
24-4 (1) the physical plant and operation of community
24-5 corrections facilities and regional work facilities;
24-6 (2) programs offered by community corrections
24-7 facilities and regional work facilities;
24-8 (3) disciplinary rules for residents of community
24-9 corrections facilities and regional work facilities; and
24-10 (4) emergency furloughs for residents of community
24-11 corrections facilities and regional work facilities.
24-12 (c) Minimum standards for community corrections facilities
24-13 and regional work facilities must include requirements that a
24-14 facility:
24-15 (1) provide levels of security appropriate for the
24-16 population served by the facility, including as a minimum a
24-17 monitored and structured environment in which a resident's interior
24-18 and exterior movements and activities can be supervised by specific
24-19 destination and time; and
24-20 (2) accept only those residents who are physically and
24-21 mentally capable of participating in any program offered at the
24-22 facility that requires strenuous physical activity, if
24-23 participation in the program is required of all residents of the
24-24 facility.
24-25 Sec. 6. Community Justice Plan. (a) The <Beginning on
24-26 September 1, 1991, the> division shall require as a condition to
24-27 payment of state aid to a department or county under Section 11
25-1 <or Section 13> of this article and eligibility for payment of
25-2 costs under Section 499.124, Government Code, that a community
25-3 justice plan be submitted for the department. The community
25-4 justice council shall submit the plan required by this subsection.
25-5 A community justice council may not submit a plan under this
25-6 section unless the plan is first approved by the district judges
25-7 who manage the department served by the council. The council shall
25-8 submit a revised plan to the division each odd-numbered year by a
25-9 date designated by the division.
25-10 (b) A community justice plan required under this section
25-11 must include:
25-12 (1) <a summary of services provided by or available to
25-13 the department at the time the plan is submitted;>
25-14 <(2) a description of proposed new facilities or
25-15 programs or significant expansion of existing facilities or
25-16 programs and a summary of how the department proposes to use the
25-17 facilities or programs, with a particular emphasis on the plans of
25-18 the department to expand the department's use of:>
25-19 <(A) electronic monitoring programs;>
25-20 <(B) testing for controlled substances; and>
25-21 <(C) community corrections facilities,
25-22 including:>
25-23 <(i) restitution facilities;>
25-24 <(ii) court residential treatment
25-25 facilities;>
25-26 <(iii) substance abuse treatment
25-27 facilities;>
26-1 <(iv) custody facilities and boot camps;>
26-2 <(v) facilities for offenders described by
26-3 Section 1, Article 4413(49a), Revised Statutes;>
26-4 <(vi) intermediate sanction facilities;>
26-5 <(vii) pre-parole transfer facilities;>
26-6 <(viii) halfway houses; and>
26-7 <(ix) work facilities;>
26-8 <(3) a description of services for offenders needed
26-9 within the area served by the department, including services needed
26-10 within an accessible radius of any facility or program that is
26-11 proposed;>
26-12 <(4) a copy or description of any proposed contract
26-13 that is required to achieve proposed facilities or programs; and>
26-14 <(5)> a statement of goals and priorities and of
26-15 commitment by the community justice council, the district judges
26-16 who manage the department, and the department to achieve a targeted
26-17 level of alternative sanctions; and
26-18 (2) a description of methods for measuring the success
26-19 of programs provided by the department or provided by an entity
26-20 served by the department.
26-21 <(c) A community justice plan submitted to the division by a
26-22 department or by departments acting in cooperation may include:>
26-23 <(1) implementation processes for division-approved
26-24 program evaluation and data collection;>
26-25 <(2) a description of existing and proposed personnel
26-26 training programs, community service programs, and restitution
26-27 programs;>
27-1 <(3) a description of existing and proposed programs
27-2 to recruit volunteer community service programs to work with
27-3 offenders served by the department; and>
27-4 <(4) other details or options that the community
27-5 justice council wishes to include.>
27-6 <(d) A community justice plan submitted under this section
27-7 must include, in addition to the information required by Subsection
27-8 (b) of this section, a budget and program schedule detailing the
27-9 application of state funding to the programs proposed in the plan
27-10 and any other information required by the division.>
27-11 Sec. 7. OFFICER CERTIFICATION. (a) The division shall
27-12 establish officer certification programs for department residential
27-13 officers and department supervision officers. Each program must
27-14 include coursework relating to the proper performance of the
27-15 officer's duties and an examination prepared by the division
27-16 administered at the conclusion of the coursework. The examination
27-17 must test officers on knowledge required for the proper performance
27-18 of their duties. Each officer who satisfactorily completes the
27-19 coursework and examination shall be certified.
27-20 (b) Except as provided by Subsections (d), (e), and (f) of
27-21 this section, a department may not continue to employ an officer
27-22 unless the officer is exempt from certification requirements on the
27-23 effective date of this Act or satisfactorily completes the
27-24 coursework and examination required by this section not later than
27-25 the first anniversary of the date on which the officer begins
27-26 employment with the department.
27-27 (c) The division shall provide adequate notification of the
28-1 results of examinations and provide other relevant information
28-2 regarding examinations as requested by examinees.
28-3 (d) The division may extend the period for the coursework
28-4 and examination requirements for an officer under Subsection (b) or
28-5 (f) of this section for an additional period not to exceed one year
28-6 because:
28-7 (1) of a need by the department to increase hiring to
28-8 reduce caseloads to a level necessary to receive full state aid; or
28-9 (2) an extenuating circumstance, as determined by the
28-10 division director, prevents the officer from completing the
28-11 coursework and examination within the required period <for officers
28-12 employed by a department that during the initial one-year period
28-13 increases hiring in order to reduce caseloads as required by law as
28-14 a condition to full state funding>.
28-15 (e) The division may waive certification requirements other
28-16 than a fee requirement for an applicant with a valid certificate
28-17 from another state that has certification requirements
28-18 substantially similar to those of this state.
28-19 (f) A department may not continue to employ a residential
28-20 officer unless the officer successfully completes the coursework
28-21 and examination requirement under this section before the first
28-22 anniversary of the date on which the officer begins the officer's
28-23 initial assignment to a residential facility <employment with the
28-24 department. The division shall make the first certification
28-25 coursework and examination required by this subsection available
28-26 not later than September 1, 1990. A residential officer employed
28-27 by a department before September 1, 1990, is not required to
29-1 successfully complete the examination before the first anniversary
29-2 of the date the division makes the first examination available>.
29-3 (g) The division may deny, revoke, or suspend a
29-4 certification or reprimand a certified officer for a violation of
29-5 this article or a rule of the Texas Board of Criminal Justice.
29-6 (h) If the division proposes to deny, <suspend or> revoke,
29-7 or suspend an officer's certification under this article or
29-8 reprimand a certified officer, the officer <person> is entitled to
29-9 a hearing before the division or a hearings examiner appointed by
29-10 the division. The division shall adopt procedures for appeals by
29-11 certified officers of decisions made by the division to deny,
29-12 revoke, or suspend a certification or to reprimand an officer <by
29-13 which decisions to suspend are made by or are appealable to the
29-14 commission>.
29-15 Sec. 8. TRAINING. The division may provide pre-service,
29-16 in-service, and educational training and technical assistance to
29-17 departments to promote compliance with the standards under this
29-18 article and to assist departments in improving the operation of
29-19 department services.
29-20 Sec. 9. REGIONAL WORK FACILITIES. (a) The division shall
29-21 establish regional work facilities to serve departments within each
29-22 region established under Subsection (b) of this section and may
29-23 establish more than one facility in a region. The division shall
29-24 design the facilities to provide short-term confinement, not to
29-25 exceed six months, for eligible defendants, and to provide the
29-26 opportunity for public work and community service as a core
29-27 component of punishment imposed on defendants. The division, to
30-1 the extent feasible, shall use former military facilities and tent
30-2 housing to accomplish the purposes of this section.
30-3 (b) For the purposes of this section, the state consists of
30-4 the following work facility regions:
30-5 (1) Region 1, consisting of the following
30-6 counties: Andrews; Armstrong; Bailey; Baylor; Borden; Brewster;
30-7 Briscoe; Carson; Castro; Childress; Cochran; Coke; Collingsworth;
30-8 Concho; Cottle; Crane; Crockett; Crosby; Culberson; Dallam; Dawson;
30-9 Deaf Smith; Dickens; Donley; Ector; El Paso; Fisher; Floyd; Foard;
30-10 Gaines; Garza; Glasscock; Gray; Hale; Hall; Hansford; Hardeman;
30-11 Hartley; Haskell; Hemphill; Hockley; Howard; Hudspeth; Hutchinson;
30-12 Irion; Jeff Davis; Kent; King; Knox; Lamb; Lipscomb; Loving;
30-13 Lubbock; Lynn; Martin; Midland; Mitchell; Moore; Motley; Nolan;
30-14 Ochiltree; Oldham; Parmer; Pecos; Potter; Presidio; Randall;
30-15 Reagan; Reeves; Roberts; Runnels; Schleicher; Scurry; Sherman;
30-16 Sterling; Stonewall; Sutton; Swisher; Terry; Throckmorton; Tom
30-17 Green; Upton; Ward; Wheeler; Wilbarger; Winkler; Yoakum;
30-18 (2) Region 2, consisting of the following
30-19 counties: Archer; Bosque; Brown; Callahan; Clay; Coleman; Collin;
30-20 Comanche; Cooke; Denton; Eastland; Erath; Grayson; Hamilton; Hood;
30-21 Jack; Johnson; Jones; Mills; Montague; Palo Pinto; Parker;
30-22 Shackelford; Somervell; Stephens; Tarrant; Taylor; Wichita; Wise;
30-23 Young;
30-24 (3) Region 3, consisting of the following
30-25 counties: Anderson; Angelina; Bowie; Camp; Cass; Cherokee; Delta;
30-26 Fannin; Franklin; Gregg; Harrison; Henderson; Hopkins; Houston;
30-27 Hunt; Kaufman; Lamar; Marion; Morris; Nacogdoches; Panola; Rains;
31-1 Red River; Rockwall; Rusk; Shelby; Smith; Titus; Upshur; Van Zandt;
31-2 Wood;
31-3 (4) Region 4, consisting of Dallas County;
31-4 (5) Region 5, consisting of the following
31-5 counties: Brazoria; Brazos; Chambers; Fort Bend; Galveston;
31-6 Grimes; Hardin; Jasper; Jefferson; Liberty; Madison; Matagorda;
31-7 Montgomery; Newton; Orange; Polk; Sabine; San Augustine; San
31-8 Jacinto; Trinity; Tyler; Walker; Wharton;
31-9 (6) Region 6, consisting of Harris County;
31-10 (7) Region 7, consisting of the following
31-11 counties: Austin; Bastrop; Bell; Blanco; Burleson; Burnet;
31-12 Caldwell; Colorado; Comal; Coryell; Ellis; Falls; Fayette;
31-13 Freestone; Gonzales; Guadalupe; Hays; Hill; Kimble; Lampasas;
31-14 Lavaca; Lee; Leon; Limestone; Llano; McCulloch; McLennan; Mason;
31-15 Menard; Milam; Navarro; Robertson; San Saba; Travis; Waller;
31-16 Washington; Williamson;
31-17 (8) Region 8, consisting of the following
31-18 counties: Aransas; Atascosa; Bandera; Bee; Bexar; Brooks; Calhoun;
31-19 Cameron; De Witt; Dimmit; Duval; Edwards; Frio; Gillespie; Goliad;
31-20 Hidalgo; Jackson; Jim Hogg; Jim Wells; Karnes; Kendall; Kenedy;
31-21 Kerr; Kinney; Kleberg; La Salle; Live Oak; McMullen; Maverick;
31-22 Medina; Nueces; Real; Refugio; San Patricio; Starr; Terrell;
31-23 Uvalde; Val Verde; Victoria; Webb; Willacy; Wilson; Zapata; Zavala.
31-24 (c) The division shall establish and operate regional work
31-25 facilities in cooperation with planning committees established
31-26 under Section 3(c), Article 42.131, of this code. Not later than
31-27 ____________, each planning committee shall select sites within the
32-1 region the committee serves for use as regional work facilities.
32-2 If a planning committee fails to select sites within the region
32-3 served by the committee by the deadline established by this
32-4 subsection, the division shall select sites for the region not
32-5 later than __________. The division, in cooperation with each
32-6 planning committee, shall prepare design and operational plans and
32-7 issue requests for proposals.
32-8 (d) On the basis of the total number of beds provided for
32-9 regional work facilities in the General Appropriations Act, the
32-10 division shall determine the number of beds allocated to each
32-11 region. The division shall allocate beds on the basis of factors
32-12 such as the population of the region in comparison to the
32-13 populations of the other regions and the number of fourth degree
32-14 felony convictions in the region in comparison to the numbers of
32-15 those convictions in the other regions. Within a region the
32-16 departments that constitute the region, by agreement of a majority
32-17 of the departments, shall allocate beds among the departments
32-18 served by the region. The division shall allocate beds among
32-19 departments served by a region on the basis of factors such as
32-20 population served by the department and the number of fourth degree
32-21 felony defendants served by the department, if the departments
32-22 served by the region fail to agree on an allocation formula. No
32-23 agreement on an allocation formula is necessary for Region 4 or
32-24 Region 6. With the consent of the division, departments served by
32-25 regions other than Region 4 or Region 6 may contract with
32-26 departments served by those regions for use of beds allocated to
32-27 those departments or to provide beds to those departments. A
33-1 department may not use more beds than are allocated to the
33-2 department, and if the department is using all beds allocated to
33-3 the department, the division may not accept a new admission from
33-4 the department. The division, the Texas Department of Criminal
33-5 Justice, and the state have no duty to accept or compensate for
33-6 failure to accept fourth degree felony defendants beyond any
33-7 obligation specified in the regional allocation and the allocation
33-8 to each department in a region.
33-9 (e) The division may contract with the institutional
33-10 division of the Texas Department of Criminal Justice for the
33-11 financing, construction, and maintenance of and provision of
33-12 ancillary services to regional work facilities. The division may
33-13 contract with counties, municipalities, or private vendors for the
33-14 financing, construction, maintenance, or operation of and provision
33-15 of ancillary services to regional work facilities. The division
33-16 may not award a contract to a private vendor unless the division
33-17 requests proposals and receives a proposal that meets or exceeds
33-18 the requirements specified in the proposal. The division may not
33-19 award a contract under this subsection to a private vendor for the
33-20 construction or renovation of a facility if the construction or
33-21 renovation begins before the contract is executed. The division
33-22 must be a party to a contract executed under this subsection.
33-23 <DATA AND REPORTS FOR STATE AID. The director of a department
33-24 shall present data requested by the division as necessary to
33-25 determine the amount of state financial aid to which the department
33-26 is entitled. A department receiving state aid shall submit reports
33-27 as required by the division.>
34-1 Sec. 10. PUBLIC MEETING. (a) The division may not take an
34-2 action under Sections 5(a)(1) through (6) <(2) through (7)> of this
34-3 article relating to a community corrections facility or regional
34-4 work facility established after August 31, 1989, unless a public
34-5 meeting is held about the proposed action before the action is
34-6 taken.
34-7 (b) Before the 30th day before the date of the meeting, the
34-8 division, the department that the facility is to serve, or a vendor
34-9 proposing to operate the facility shall:
34-10 (1) publish notice of the date, hour, place, and
34-11 subject of the hearing required by Subsection (a) of this section
34-12 in three consecutive issues of a newspaper of, or in newspapers
34-13 that collectively have, general circulation in the county in which
34-14 the proposed facility is to be located; and
34-15 (2) mail a copy of the notice to each city council
34-16 member, county commissioner, state representative, and state
34-17 senator who represents the area in which the proposed facility is
34-18 to be located, unless the proposed facility has been previously
34-19 authorized to operate at a particular location by a community
34-20 justice council under Section 3, Article 42.131, of this code.
34-21 (c) If a private vendor, other than a private vendor that
34-22 operates as a nonprofit corporation, proposes to operate a facility
34-23 that is the subject of a public meeting under this section, the
34-24 private vendor is responsible for the costs of providing notice and
34-25 holding the public meeting required by this section.
34-26 (d) In describing the subject of a hearing for purposes of
34-27 publishing notice under this section, the notice must specifically
35-1 state the address of the facility on which a proposed action is to
35-2 be taken and describe the proposed action.
35-3 (e) The division, a department, or a private vendor shall
35-4 hold a public meeting required by Subsection (a) of this section
35-5 <in the county in which the facility on which a proposed action is
35-6 to be taken is located,> at a site as close as practicable to the
35-7 location at which the proposed action is to be taken <facility>.
35-8 (f) A planning committee established under Section 3(c),
35-9 Article 42.131, of this code may not take any action relating to
35-10 the location of or change in the capacity of a regional work
35-11 facility unless the committee holds a public meeting before the
35-12 proposed action is taken, with notice provided and the hearing to
35-13 be held in the same manner as provided by Subsections (a)-(e) of
35-14 this section.
35-15 (g) A department, a county, a municipality, or a combination
35-16 involving more than one of those entities may not take an action
35-17 under Section 10, Article 42.131, of this code unless the community
35-18 justice council serving the entity or entities holds a public
35-19 meeting before the action is taken, with notice provided and the
35-20 hearing to be held in the same manner as provided by Subsections
35-21 (a)-(e) of this section.
35-22 Sec. 11. Payment of State Aid. (a) If the division
35-23 determines that a department complies with division standards and
35-24 if the department or judges managing the department have submitted
35-25 a community justice plan under Section 3, Article 42.131 of this
35-26 code and the supporting information required by the division <this
35-27 article> and the division determines the plan and supporting
36-1 information are <is> acceptable, the division shall prepare and
36-2 submit to the comptroller of public accounts vouchers for payment
36-3 to the department as follows:
36-4 (1) for per capita funding, a per diem <an annual>
36-5 amount as provided in the General Appropriations Act for each
36-6 <full-time officer or each full-time equivalent employed by the
36-7 department who supervises any combination of> felony defendant
36-8 directly supervised by the department pursuant to lawful authority
36-9 <probationers that results in a workload unit level that does not
36-10 exceed 100, as determined under Subsection (c) of this section>;
36-11 (2) for per capita funding, a per diem amount for a
36-12 period not to exceed 182 days as provided in the General
36-13 Appropriations Act for each defendant <misdemeanor probationer>
36-14 supervised by the department pursuant to lawful authority, other
36-15 than a felony defendant <misdemeanor probationer under supervision
36-16 after the first anniversary of the date on which the probationer
36-17 was placed on probation>; and
36-18 (3) for formula funding, an annual amount as computed
36-19 by multiplying a <the> percentage based on the allocation formula
36-20 established under Section 499.071, Government Code <of
36-21 institutional admissions allocated to the county or counties served
36-22 by the department under Article 6166a-4, Revised Statutes>, times
36-23 the total amount provided in the General Appropriations Act for
36-24 payments under this subdivision.
36-25 (b) The division may use discretionary grant funds to
36-26 further the purposes of this chapter by contracting for services
36-27 with state agencies or nonprofit organizations. The division may
37-1 also make discretionary grants to departments, municipalities, or
37-2 counties for the following purposes:
37-3 (1) development and operation of pretrial and
37-4 presentencing services;
37-5 (2) electronic monitoring services <programs>,
37-6 surveillance supervision <probation> programs, and controlled
37-7 substances testing services <programs>;
37-8 (3) research projects to evaluate the effectiveness of
37-9 community corrections programs, if the research is conducted in
37-10 cooperation with the Criminal Justice Policy Council;
37-11 (4) contract services for felony defendants
37-12 <probationers>;
37-13 (5) residential services for misdemeanor defendants
37-14 <probationers> who exhibit levels of risk or needs indicating a
37-15 need for confinement and treatment, as described by Section 4(b) of
37-16 this article <Subsection (d) of this section>;
37-17 (6) establishment or operation of county correctional
37-18 centers under Subchapter H, Chapter 351, Local Government Code, or
37-19 community corrections facilities for which the division has
37-20 established standards under Section 5 of this article<, subject to
37-21 payment methods established under Subsection (e) of this section>;
37-22 and
37-23 (7) other purposes determined appropriate by the
37-24 division and approved by the board.
37-25 (c) In addition to payments under Subsections (a) and (b) of
37-26 this section and subject to the requirements of this subsection and
37-27 Section 13 of this article, the division shall make quarterly
38-1 county incentive payments to a county served by a department. The
38-2 total amount that a county may earn in a state fiscal year under
38-3 this section is to be determined by the division, based on an
38-4 amount provided by the General Appropriations Act multiplied by the
38-5 county's percentage of the total number of defendants added to
38-6 community supervision under Article 42.12 of this code in the
38-7 entire state during the preceding state fiscal year. The minimum
38-8 amount that a county may receive during a state fiscal year under
38-9 this subsection is $10,000. The division shall require as a
38-10 condition of making a payment under this subsection that the county
38-11 provide the division with a plan, including a budget and program
38-12 schedule, indicating the manner in which the payment is to be used
38-13 for each purpose described by Subsection (d) of this section. The
38-14 division may reject the plan, accept the plan, or make acceptance
38-15 of the plan conditional on modification of the plan and monitoring
38-16 of the plan by the division. <The division shall authorize
38-17 payments under Subsection (a)(1) of this section only if the
38-18 division determines that the department has made a reasonable
38-19 effort to maintain workloads for supervising officers that do not
38-20 exceed the following ratios:>
38-21 <(1) one officer or full-time equivalent per 25 cases,
38-22 with a workload unit value of 4 per case, for cases requiring
38-23 intensive supervision;>
38-24 <(2) one officer or full-time equivalent per 40 cases,
38-25 with a workload unit value of 2.5 per case, for cases requiring
38-26 maximum supervision;>
38-27 <(3) one officer or full-time equivalent per 75 cases,
39-1 with a workload unit value of 1.33 per case, for cases requiring a
39-2 medium level of supervision; and>
39-3 <(4) one officer or full-time equivalent per 100
39-4 cases, with a workload unit value of 1 per case, for cases
39-5 requiring a minimum level of supervision.>
39-6 (d) A county that receives a payment under Subsection (c) of
39-7 this section shall use not less than 25 percent of the payment for
39-8 substance abuse prevention and treatment programs and may use the
39-9 remainder for:
39-10 (1) implementation of the community justice plan for
39-11 the department that serves the county; or
39-12 (2) any program serving the juvenile justice needs in
39-13 the county. <The division annually shall evaluate its grant
39-14 payments for facilities described by Section 5 of this article by
39-15 applying risk assessment instruments developed by the division to
39-16 determine whether persons confined exhibit levels of risk or needs
39-17 that if not addressed through the confinement and treatment in a
39-18 community corrections facility make it probable that the persons
39-19 would pose unacceptable levels of threat to public safety through
39-20 additional criminal behavior. The division shall develop risk
39-21 assessment instruments for use under this section not later than
39-22 September 1, 1990.>
39-23 <(e) The division may fund community corrections facilities
39-24 for which standards have been established under Section 5 of this
39-25 article:>
39-26 <(1) on a grant basis;>
39-27 <(2) on a per diem basis per person confined; or>
40-1 <(3) by a combination of the grant and per diem basis.>
40-2 <(f) The division may make payments under Subsection (e)(2)
40-3 or (e)(3) of this section only from the residential services
40-4 component of state aid established in the General Appropriations
40-5 Act.>
40-6 (e) <(g)> Each department, county, or municipality shall
40-7 deposit all state aid received from the division <under this
40-8 article> in a special fund of the county treasury or municipal
40-9 treasury, as appropriate, to be used, except as provided by
40-10 Subsection (d)(2) of this section, solely for the provision of
40-11 services, programs, and facilities under this article or Subchapter
40-12 H, Chapter 351, Local Government Code.
40-13 (f) The division shall provide state aid to each department
40-14 on a biennial basis, pursuant to the community justice plan for the
40-15 biennium submitted by the department. A department with prior
40-16 division approval may transfer funds from one program or function
40-17 to another program or function.
40-18 Sec. 12. Refusal or Suspension of State Aid. (a) The
40-19 division shall adjust grant funding for facilities on the basis of
40-20 annual evaluations made by the division under Section 4(b) <11(d)>
40-21 of this article.
40-22 (b) The division shall take one or more of the following
40-23 actions against a department that the division determines is not in
40-24 substantial compliance with division standards or requirements
40-25 adopted under Sections 2-5 of this article:
40-26 (1) a reduction, refusal, or suspension of payment of
40-27 state aid to the department; or
41-1 (2) an imposition of budget control over the
41-2 department.
41-3 (c) The board shall provide for notice and a hearing in
41-4 cases in which the division proposes to take an action authorized
41-5 by this section. The division shall define with specificity the
41-6 conduct that constitutes substantial noncompliance with division
41-7 standards and shall establish the procedures to be used in imposing
41-8 or waiving a sanction authorized by this section, subject to
41-9 approval of the definition and the procedures by adoption by the
41-10 board.
41-11 <Sec. 13. ><Pretrial Release Report><. The Community Justice
41-12 Assistance Division shall collect statistical information on the
41-13 use of bail bonds, personal bonds and other types of pretrial
41-14 release in each county of the state. The information shall be
41-15 collected on an annual basis and analyzed to determine the
41-16 utilization rate for each type of release method. The Division
41-17 shall file a report of its findings with the Criminal Justice
41-18 Division of the Governor's Office, the Lieutenant Governor, the
41-19 Speaker of the House of Representatives, and the members of the
41-20 Legislature not later than December 31 of each year.>
41-21 Sec. 13. Cooperation With Institutional Division
41-22 <PERFORMANCE REWARDS>. <(a) The board shall develop, adopt, and
41-23 implement a performance rewards program to reward each county
41-24 served by a department that successfully diverts offenders from
41-25 confinement. In developing the program, the board shall consider
41-26 relevant factors for each county served by a department. The
41-27 factors shall include but are not limited to:>
42-1 <(1) the personal bond utilization rate in the county;>
42-2 <(2) the pretrial diversion rate in the county;>
42-3 <(3) the deferred adjudication rate in the county;>
42-4 <(4) the probation rate in the county;>
42-5 <(5) the probation revocation rate in the county, with
42-6 separate rates calculated for revocations based on technical
42-7 grounds and revocations based on grounds other than technical;>
42-8 <(6) the utilization rate of residential and
42-9 nonresidential diversion programs in the county;>
42-10 <(7) the institutional division commitment rate in the
42-11 county;>
42-12 <(8) the admission per index crimes rate in the
42-13 county; and>
42-14 <(9) the frequency with which and extent to which the
42-15 county does not use all admissions to which the county is entitled
42-16 under the allocation formula.>
42-17 <(b) On January 1 of each year, the division shall make the
42-18 first of four quarterly payments to a county served by a
42-19 department, other than a county described by Subsection (d) of this
42-20 section, on the basis of the performance record of the county
42-21 during the previous state fiscal year in diverting offenders from
42-22 confinement, as documented by information requested by the division
42-23 and provided by the department serving the county. If a county
42-24 qualifies for a reward under Subsection (a) of this section, the
42-25 minimum amount that the county is entitled to receive during a
42-26 state fiscal year is $50,000. Each department shall provide the
42-27 information for each county served by the department in a format
43-1 designed by the division, and each county participating in the
43-2 performance rewards program shall provide a plan, including a
43-3 budget schedule, indicating to the division the manner in which the
43-4 payment is to be used for each of the purposes described by
43-5 Subsection (c) of this section. The division may reject the plan,
43-6 accept the plan, or make acceptance of the plan conditional on
43-7 modification of the plan and monitoring of the plan by the
43-8 division.>
43-9 <(c) A county that receives a payment under this section
43-10 shall use not less than 25 percent of the payment for substance
43-11 abuse prevention and treatment programs and may use the remainder
43-12 of the payment for:>
43-13 <(1) any purposes for which state aid may be used
43-14 under Section 11(b) of this article;>
43-15 <(2) implementation of the community justice plan for
43-16 that county; or>
43-17 <(3) any program serving the criminal justice needs in
43-18 the county, including certified programs for youthful offenders.>
43-19 <(d)> The director of the institutional division shall
43-20 notify the director of the community justice assistance division if
43-21 a county fails to fully cooperate with employees of the
43-22 institutional division who are evaluating inmates who are
43-23 candidates for release on parole from the county jail. The
43-24 director of the community justice assistance division may not make
43-25 a payment under Section 11(c) of this article <section> to the
43-26 county described by this section <subsection>. For the purposes of
43-27 this section <subsection>, a county fails to fully cooperate with
44-1 employees of the institutional division if the county does not:
44-2 (1) refer candidates for release on parole from jail
44-3 in the manner required under guidelines established by the board;
44-4 (2) provide for each candidate a certified packet
44-5 containing all documents the county would otherwise have been
44-6 required to deliver to the director of the institutional division
44-7 under Section 8, Article 42.09 of this code, plus three photographs
44-8 and three thumbprint <fingerprint> cards taken in the manner
44-9 provided by Article 38.33 of this code;
44-10 (3) hold candidates until the candidates are denied
44-11 parole or released on parole, unless to do so would mean the county
44-12 failed to use all admissions allocated to the county under Section
44-13 499.071, Government Code; or
44-14 (4) permit the employees access to inmates or inmate
44-15 records or does not provide the employees with sufficient space to
44-16 conduct their evaluations.
44-17 <(e) The community justice assistance division annually
44-18 shall determine for each county whether the county has a successful
44-19 personal bond utilization rate in the county and a successful
44-20 pretrial diversion program. The division shall report its findings
44-21 to the Legislative Criminal Justice Board not later than December
44-22 31 of each year.>
44-23 SECTION 2.02. Article 42.131, Code of Criminal Procedure, is
44-24 amended to read as follows:
44-25 Art. 42.131. COMMUNITY SUPERVISION AND CORRECTIONS
44-26 DEPARTMENTS
44-27 Sec. 1. Definitions. In this article:
45-1 (1) "Board" means the Texas Board of Criminal Justice.
45-2 (2) "Community supervision" has the meaning assigned
45-3 by Section 2, Article 42.12, of this code.
45-4 (3) "Council" means a community justice council.
45-5 (4) <(3)> "Department" means a community supervision
45-6 and corrections department established under this article.
45-7 (5) <(4)> "Division" means the community justice
45-8 assistance division of the board.
45-9 Sec. 2. Establishment of Departments. (a) The district
45-10 judge or district judges trying criminal cases in each judicial
45-11 district in the state shall establish a community supervision and
45-12 corrections department and employ district personnel as may be
45-13 necessary to conduct presentence investigations <and risk
45-14 assessments>, supervise and rehabilitate defendants placed on
45-15 community supervision <probationers>, enforce the <terms and>
45-16 conditions of community supervision <probation>, and staff
45-17 community corrections facilities. Both the district judges trying
45-18 criminal cases and the judges of statutory county courts trying
45-19 criminal cases that are served by a community supervision and
45-20 corrections department are entitled to participate in the
45-21 management of the department.
45-22 (b) If two or more judicial districts serve a county, or a
45-23 district includes more than one county, one department shall serve
45-24 all courts and counties in the district. However, the board may
45-25 adopt rules to allow more than one department in a judicial
45-26 district that includes more than one county if providing more than
45-27 one department will promote administrative convenience or economy
46-1 or improve services. The board may adopt rules allowing
46-2 departments to contract with one another for services and
46-3 facilities.
46-4 Sec. 3. <Community Corrections Facilities;> Community
46-5 Justice Council. (a) <Subject to Subsection (b) of this section,
46-6 a department, county, municipality, or any combination involving
46-7 more than one of those entities may establish community corrections
46-8 facilities of the types described by Section 5, Article 42.13, of
46-9 this code. A department, county, municipality, or combination
46-10 involving more than one of those entities is specifically
46-11 encouraged to purchase or enter into contracts for the use of
46-12 abandoned or underutilized public facilities, such as rural
46-13 hospitals, for the purpose of providing treatment facilities. The
46-14 division may make grants to departments that use abandoned or
46-15 underutilized facilities described by this subsection.>
46-16 <(b)> A community justice council must be established by the
46-17 district judge or judges in each jurisdiction served by a
46-18 department, unless a board or council exists in the community on
46-19 September 1, 1991, that performs duties substantially similar to
46-20 those imposed on a community justice council under this section.
46-21 The council shall provide continuing policy guidance and direction
46-22 for the development of community <criminal> justice plans and
46-23 community corrections facilities and programs. A council should
46-24 consist of the following persons or their designees:
46-25 (1) a sheriff of a county to be served by the
46-26 department, chosen by the sheriffs of the counties to be served by
46-27 the department;
47-1 (2) a county commissioner or a county judge from a
47-2 county to be served by the department, chosen by the county
47-3 commissioners and county judges of the counties to be served by the
47-4 department;
47-5 (3) a city council member of the most populous
47-6 municipality in a county to be served by the department, chosen by
47-7 the members of the city councils of cities to be served by the
47-8 department;
47-9 (4) not more than two state legislators elected from a
47-10 county to be served by the department, chosen by the state
47-11 legislators elected from the counties to be served by the
47-12 department;
47-13 (5) the presiding judge from a judicial district to be
47-14 served by the department, chosen by the district judges from the
47-15 judicial districts to be served by the department;
47-16 (6) a judge of a statutory county court exercising
47-17 criminal jurisdiction in a county to be served by the department,
47-18 to be chosen by the judges of statutory county courts with criminal
47-19 jurisdiction in the counties to be served by the department;
47-20 (7) a county attorney with criminal jurisdiction from
47-21 a county to be served by the department, chosen by the county
47-22 attorneys with criminal jurisdiction from the counties to be served
47-23 by the department;
47-24 (8) a district attorney or criminal district attorney
47-25 from a judicial district to be served by the department, chosen by
47-26 the district attorneys or criminal district attorneys from the
47-27 judicial districts to be served by the department; and
48-1 (9) an elected member of the board of trustees of an
48-2 independent school district in a county to be served by the
48-3 department, chosen by the members of the boards of trustees of
48-4 independent school districts located in counties to be served by
48-5 the department.
48-6 (b) <(c)> The community justice council shall appoint a
48-7 community justice task force to provide support staff for the
48-8 development of a community justice plan. The task force may
48-9 consist of any number of members, but should include:
48-10 (1) the county or regional director of the Texas
48-11 Department of Human Services with responsibility for the area to be
48-12 served by the department;
48-13 (2) the chief of police of the most populous
48-14 municipality to be served by the department;
48-15 (3) the chief juvenile probation officer of the
48-16 juvenile probation office serving the most populous area to be
48-17 served by the department;
48-18 (4) the superintendent of the most populous school
48-19 district to be served by the department;
48-20 (5) the supervisor of the Department of Public Safety
48-21 region closest to the department, or the supervisor's designee;
48-22 (6) the county or regional director of the Texas
48-23 Department of Mental Health and Mental Retardation with
48-24 responsibility for the area to be served by the department;
48-25 (7) a substance abuse treatment professional appointed
48-26 by the Council of Governments serving the area to be served by the
48-27 department;
49-1 (8) the department director <chief>;
49-2 (9) the local or regional representative of the
49-3 pardons and paroles division of the Texas Department of Criminal
49-4 Justice <Board of Pardons and Paroles Division> with responsibility
49-5 for the area to be served by the department;
49-6 (10) the representative of the Texas Employment
49-7 Commission with responsibility for the area to be served by the
49-8 department;
49-9 (11) the representative of the Texas Rehabilitation
49-10 Commission with responsibility for the area to be served by the
49-11 department;
49-12 (12) a licensed attorney who practices in the area to
49-13 be served by the department and whose practice consists primarily
49-14 of criminal law;
49-15 (13) a court administrator, if one serves the area to
49-16 be served by the department;
49-17 (14) a representative of a community service
49-18 organization that provides adult treatment, educational, or
49-19 vocational services to the area to be served by the department; and
49-20 (15) a representative of an organization in the area
49-21 to be served by the department that is actively involved in issues
49-22 relating to defendants' rights, chosen by the county commissioners
49-23 and county judges of the counties to be served by the department.
49-24 (c) Not later than _____________ the department directors
49-25 for each work facility region established under Section 9, Article
49-26 42.13, of this code shall meet and elect from their membership a
49-27 nine-member planning committee for their respective regions to
50-1 perform the duties imposed on planning committees under Section 9.
50-2 The community justice councils serving Dallas County and Harris
50-3 County shall each appoint a nine-member planning committee to
50-4 perform those duties.
50-5 Sec. 4. Department Director. The district judge or judges
50-6 shall appoint a department director who must meet, at a minimum,
50-7 the eligibility requirements for officers established under Section
50-8 5 of this article. The department director shall employ a
50-9 sufficient number of officers and other employees to perform the
50-10 professional and clerical work of the department.
50-11 Sec. 5. Standards for Officers. (a) Officers appointed by
50-12 the department director must comply with a code of ethics developed
50-13 by the division.
50-14 (b) To be eligible for appointment on or after September 1,
50-15 1989, <the effective date of this Act> as an officer who supervises
50-16 defendants placed on or sentenced to community supervision
50-17 <probationers> a person:
50-18 (1) must have acquired a bachelor's degree conferred
50-19 by an institution of higher education accredited by an accrediting
50-20 organization recognized by the Texas Higher Education Coordinating
50-21 Board; and
50-22 (2) unless the bachelor's degree is in criminology,
50-23 corrections, counseling, law, social work, psychology, sociology,
50-24 or a related field that has been approved by the division, must
50-25 have:
50-26 (A) one year of graduate study in one of those
50-27 fields; or
51-1 (B) one year of experience in full-time
51-2 casework, counseling, or community or group work that has been
51-3 approved by the division.
51-4 (c) A person employed as a peace officer is not eligible for
51-5 appointment as an officer under this section.
51-6 (d) The division may establish a waiver procedure for
51-7 departments unable to hire persons meeting the requirements under
51-8 Subsection (b)(2) of this section.
51-9 Sec. 6. Employees; Benefits. (a) Except as provided by
51-10 Subsection (c) of this section, department employees are not state
51-11 employees. The department shall contract with the most populous
51-12 county served by the department for insurance and retirement plans,
51-13 and the employees are governed by personnel policies and benefits
51-14 equal to or more favorable to employees than <the same> personnel
51-15 policies for and benefits of other <as the> employees of that
51-16 county.
51-17 (b) The judicial districts served by a department shall pay
51-18 the salaries of department employees.
51-19 (c) Department employees are state employees for the
51-20 purposes of Chapter 104, Civil Practice and Remedies Code, and
51-21 Article 8309g, Revised Statutes. A department is a governmental
51-22 unit for the purposes of Section 101.103(a), Civil Practice and
51-23 Remedies Code.
51-24 (d) The department shall provide transportation or
51-25 automobile allowances for officers who supervise probationers.
51-26 Sec. 7. Public Funds <State Aid>, Grants, Gifts. A
51-27 department may accept public funds <state aid> and grants and gifts
52-1 from any source for the purpose of financing programs and
52-2 facilities. A municipality, county, or other political subdivision
52-3 may make grants to a department for those purposes.
52-4 Sec. 8. Counties' Financial Responsibilities. (a) The
52-5 county or counties served by a department shall provide physical
52-6 facilities, equipment, and utilities for a department. The
52-7 division shall monitor the support a county provides under this
52-8 section and determine whether a county provides support that meets
52-9 the standards for minimum support established by the division. If
52-10 the division determines that a county's support is insufficient,
52-11 the division may impose on the department a sanction authorized by
52-12 Section 12, Article 42.13, of this code.
52-13 (b) If a department serves two or more counties, those
52-14 counties may enter into an agreement for the distribution of the
52-15 expenses of facilities, equipment, and utilities.
52-16 Sec. 9. District's Financial Responsibilities. (a) The
52-17 district judge or judges may expend district funds in order to
52-18 provide expanded facilities, equipment, and utilities if:
52-19 (1) the department needs to increase its personnel in
52-20 order to provide more effective services or to meet workload
52-21 requirements established under Article 42.13 of this code;
52-22 (2) the county or counties certify to the judge or
52-23 judges that they have neither adequate space in county-owned
52-24 buildings nor adequate funds to lease additional physical
52-25 facilities, purchase additional equipment, or pay for additional
52-26 utilities required by the department; and
52-27 (3) the county or counties provide facilities,
53-1 equipment, and utilities at or above the levels required by the
53-2 division.
53-3 (b) The division shall set as the level of contribution a
53-4 county or counties must meet or exceed to receive district funds
53-5 under Subsection (a) of this section a level not lower than the
53-6 average level provided by the county or counties during the fiscal
53-7 year in which the funds are to be received and the four fiscal
53-8 years immediately preceding that year <fiscal years of 1983-87>.
53-9 Sec. 10. State Funds or Guarantees for Corrections
53-10 Facilities. (a) In this section, "community corrections facility"
53-11 has the meaning assigned by Section 1(b), Article 42.13, of this
53-12 code.
53-13 (b) A department, county, municipality, or a combination
53-14 involving more than one of those entities may establish a community
53-15 corrections facility and are specifically encouraged to purchase or
53-16 enter into a contract for the use of abandoned or underutilized
53-17 public facilities, such as former military bases and rural
53-18 hospitals, for the purpose of providing community corrections
53-19 facilities.
53-20 (c) The district judge or judges may authorize expenditures
53-21 of funds provided by the division to the department for the
53-22 purposes of providing facilities, equipment, and utilities for
53-23 community corrections facilities if:
53-24 (1) the community justice council recommends the
53-25 expenditures; and
53-26 (2) the division provides funds for the purpose of
53-27 assisting in the establishment or improvement of the facilities.
54-1 (d) A judicial district may acquire, hold title to, and own
54-2 real property for the purpose of establishing a community
54-3 corrections facility.
54-4 (e) A department, county, municipality, or a combination
54-5 involving more than one of those entities may not use a facility or
54-6 real property purchased, acquired, or improved with state funds
54-7 unless the division first approves the use.
54-8 (f) The division is entitled to reimbursement from an entity
54-9 described by Subsection (e) of this section of all state funds used
54-10 by the entity without division approval as required by Subsection
54-11 (e).
54-12 Sec. 11. ADDITIONAL <PRETRIAL> Services. (a) The
54-13 department may operate programs for the supervision and
54-14 rehabilitation of persons in deferred prosecution programs,
54-15 pretrial intervention programs, pretrial bonding programs, and
54-16 programs providing supervised release for persons on conditional
54-17 bond. <Programs may include testing for controlled substances.>
54-18 Persons in <pretrial intervention> programs described by this
54-19 subsection may be supervised and made subject to the conditions
54-20 under Section 11, Article 42.12, of this code for a period not to
54-21 exceed one year, except as otherwise provided by law.
54-22 (b) The department may use money deposited in the special
54-23 fund of the county treasury for the department under Article
54-24 103.004(b) of this code only for the same purposes for which state
54-25 aid may be used under this article.
54-26 (c) This section does not apply to a person charged with an
54-27 offense under Sections 49.04-49.08, Penal Code.
55-1 Sec. 12. COLLECTION SERVICE; MISCELLANEOUS FEES. (a) A
55-2 department may collect money from an individual as ordered by a
55-3 court served by the department regardless of whether the individual
55-4 is under the department's supervision.
55-5 (b) A department that collects money under this section
55-6 shall promptly transfer the money collected to the appropriate
55-7 county or state officer.
55-8 (c) A department may assess a reasonable administrative fee
55-9 on an individual who participates in a department program or
55-10 receives department services and who is not paying a monthly fee
55-11 under Section 19, Article 42.12, of this code.
55-12 Sec. 13. RESTITUTION. (a) If a judge requires a defendant
55-13 to make restitution to a victim of the defendant's offense, and a
55-14 payment is received under this article from the defendant for
55-15 transmittal to a victim of the offense, the community supervision
55-16 and corrections department that receives the payment for
55-17 disbursement to the victim shall immediately deposit the payment in
55-18 an interest-bearing account in the department having original
55-19 jurisdiction. The department shall transmit the payment to the
55-20 victim as soon as practicable.
55-21 (b) If a victim cannot be located, immediately after
55-22 receiving a final payment in satisfaction of an order of
55-23 restitution for the victim the department shall attempt to notify
55-24 the victim of that fact by certified mail, mailed to the last known
55-25 address of the victim. If a victim then makes a claim for payment,
55-26 the department promptly shall remit the payment to the victim. Not
55-27 earlier than the fifth anniversary of the date on which the
56-1 department mails notice under this subsection, if the victim has
56-2 not made a claim for payment, the department shall transfer the
56-3 payment from the interest-bearing account to the comptroller of
56-4 public accounts, after deducting five percent of the payment as a
56-5 collection fee and deducting any interest accrued on the payment.
56-6 The comptroller shall deposit the payment in the state treasury to
56-7 the credit of the compensation to victims of crime auxiliary fund.
56-8 (c) The collection fee under Subsection (b) of this section
56-9 and the accrued interest under Subsections (a) and (b) of this
56-10 section shall be deposited in the special fund of the county
56-11 treasury provided by Section 11, Article 42.13, of this code to be
56-12 used for the same purposes for which state aid may be used under
56-13 that section. The department has a maximum of 121 days after the
56-14 four-year expiration date to transfer the funds to the
56-15 comptroller's office. Failure to comply with the 121-day deadline
56-16 will result in a five percent collection fee penalty calculated
56-17 from the total deposit and all interest attributable to the
56-18 unclaimed funds.
56-19 (d) If the victim of the offense claims the payment during
56-20 the four-year period in which the payment is held in the
56-21 interest-bearing account, the department shall pay the victim the
56-22 amount of the original payment, less any interest earned while
56-23 holding the payment. After the payment has been transferred to the
56-24 comptroller, the department has no liability in regard to the
56-25 payment, and any claim for the payment must be made to the
56-26 comptroller. If the victim makes a claim to the comptroller, the
56-27 comptroller shall pay the victim the amount of the original
57-1 payment, less the collection fee, from the compensation to victims
57-2 of crime auxiliary fund.
57-3 Sec. 14. PROGRAM TO ASSESS AND ENHANCE DEFENDANT'S
57-4 EDUCATIONAL AND VOCATIONAL SKILLS. (a) A department, with the
57-5 assistance of public school districts, community and public junior
57-6 colleges, public and private institutions of higher education, and
57-7 other appropriate public and private entities, may establish a
57-8 developmental program for a defendant under the supervision of the
57-9 department on the basis of information obtained in the presentence
57-10 investigation report prepared for the defendant.
57-11 (b) The developmental program may provide the defendant with
57-12 the educational and vocational training necessary to:
57-13 (1) meet the average skill level of students who have
57-14 completed the sixth grade in public schools in this state; and
57-15 (2) maintain employment while under the supervision of
57-16 the department, to lessen the likelihood that the defendant will
57-17 commit additional offenses.
57-18 (c) To decrease expenditures by community supervision and
57-19 corrections departments for the educational and vocational skills
57-20 assessment and enhancement program established under this section,
57-21 the Texas Department of Commerce shall provide information to
57-22 departments, public school districts, community and public junior
57-23 colleges, public and private institutions of higher education, and
57-24 other appropriate public and private entities for obtaining
57-25 financial assistance through the Texas Job-Training Partnership Act
57-26 (Article 4413(52), Vernon's Texas Civil Statutes) and other
57-27 applicable programs of public or private entities.
58-1 SECTION 2.03. (a) Section 493.003(b), Government Code, is
58-2 amended to read as follows:
58-3 (b) The chief justice of the Supreme Court of Texas and the
58-4 presiding judge of the Texas Court of Criminal Appeals shall each
58-5 appoint six members to serve as the judicial advisory council to
58-6 the community justice assistance division and the board. The
58-7 advisory council members serve staggered six-year terms, with the
58-8 terms of four of the members expiring February 1 of each
58-9 odd-numbered year. In the event of a vacancy during a term, the
58-10 appointing authority for the member who vacated the office shall
58-11 appoint a replacement to fill the unexpired portion of the term <at
58-12 the will of the appointing judge>. The advisory council shall
58-13 advise the director of the community justice assistance division
58-14 and the board on matters of interest to the judiciary, and the
58-15 director and the board shall carefully consider the advice.
58-16 Members of the advisory council are not entitled to compensation
58-17 but are entitled to reimbursement for actual and necessary expenses
58-18 in the conduct of their duties, as provided by the General
58-19 Appropriations Act.
58-20 (b) The change in the terms of the members of the judicial
58-21 advisory council to the community justice assistance division of
58-22 the Texas Department of Criminal Justice and the Texas Board of
58-23 Criminal Justice, as required by the amendment to Section
58-24 493.003(b), Government Code, made by Subsection (a) of this
58-25 section, shall occur in the manner provided by this subsection.
58-26 The chief justice of the Supreme Court of Texas and the presiding
58-27 judge of the Texas Court of Criminal Appeals shall appoint the
59-1 initial members of the six-year term advisory council on or before
59-2 __________, and on the date of appointment the terms of the members
59-3 serving at-will terms expire. Of the members, the chief justice
59-4 and the presiding judge each shall appoint four to serve terms
59-5 expiring February 1, 1995, four to serve terms expiring September
59-6 1, 1997, and four to serve terms expiring September 1, 1999. On
59-7 expiration of those terms, the term of a member is six years, as
59-8 provided by Section 493.003(b).
59-9 SECTION 2.04. (a) Article 102.012, Code of Criminal
59-10 Procedure, is amended to read as follows:
59-11 Art. 102.012. FEES FOR PRETRIAL <INTERVENTION> PROGRAMS. A
59-12 person in a pretrial intervention program, deferred prosecution
59-13 program, pretrial bonding program, or program providing supervised
59-14 release for persons on conditional bond established under Section
59-15 11, Article 42.131 of this code, may be assessed a fee that equals
59-16 the actual cost to a community supervision and corrections
59-17 department, not to exceed $500, for supervision of the defendant by
59-18 the department or programs provided to the defendant by the
59-19 department as part of the pretrial intervention program.
59-20 (b) The change in law made by Subsection (a) of this section
59-21 to Article 102.012, Code of Criminal Procedure, applies only to a
59-22 fee imposed for a service provided on or after the effective date
59-23 of this article.
59-24 SECTION 2.05. Subchapter C, Chapter 102, Code of Criminal
59-25 Procedure, is amended by adding Article 102.072 to read as follows:
59-26 Art. 102.072. ADMINISTRATIVE FEE. An officer listed in
59-27 Article 103.003 or a community supervision and corrections
60-1 department may assess an administrative fee for each transaction or
60-2 administrative action taken by the officer or department relating
60-3 to the collection of money or the discharge of a sentence by a
60-4 method other than the payment of money. The fee may not exceed $2
60-5 for each transaction or administrative action.
60-6 SECTION 2.06. Article 103.003, Code of Criminal Procedure,
60-7 is amended to read as follows:
60-8 Art. 103.003. COLLECTION. District and county attorneys,
60-9 clerks of district and county courts, sheriffs, constables, <and>
60-10 justices of the peace, and community supervision and corrections
60-11 departments may collect money payable under this title and as
60-12 otherwise provided by law.
60-13 ARTICLE 3
60-14 SECTION 3.01. Article 42.12, Code of Criminal Procedure, is
60-15 amended to read as follows:
60-16 Art. 42.12. COMMUNITY SUPERVISION <ADULT PROBATION>
60-17 Sec. 1. Purpose. It is the purpose of this article
60-18 <Article> to place wholly within the state <State> courts <of
60-19 appropriate jurisdiction> the responsibility for determining when
60-20 the imposition of sentence in certain cases shall be suspended, the
60-21 conditions of community supervision <probation>, and the
60-22 supervision of defendants placed on community supervision
60-23 <probationers>, in consonance with the powers assigned to the
60-24 judicial branch of this government by the Constitution of Texas.
60-25 It is the purpose of this article <Article> to remove from existing
60-26 statutes the limitations, other than questions of
60-27 constitutionality, that have acted as barriers to effective systems
61-1 of community supervision <probations> in the public interest.
61-2 Sec. 2. Definitions. In this article <Article>:
61-3 (1) "Court" means a court <"Courts" shall mean the
61-4 courts> of record having original criminal jurisdiction.
61-5 (2) "Community supervision" means <"Probation" shall
61-6 mean> the placement <supervised release> of a <convicted> defendant
61-7 by a court under a continuum of programs and sanctions, with
61-8 conditions imposed by the court for a specified period during
61-9 which:
61-10 (A) criminal proceedings are deferred without an
61-11 adjudication of guilt;
61-12 (B) a sentence of confinement or confinement and
61-13 fine is probated and the imposition of sentence is suspended in
61-14 whole or in part;
61-15 (C) a sentence of community supervision under
61-16 Section 12.35, Penal Code, is served; or
61-17 (D) a period of post-imprisonment supervision is
61-18 served.
61-19 (3) "Supervision officer" means <"Probation officer"
61-20 shall mean either> a person <duly> appointed or employed under
61-21 Section 4, Article 42.131 of this code <by one or more courts of
61-22 record having original criminal jurisdiction> to supervise
61-23 defendants placed on community supervision <probation; or a person
61-24 designated by such courts for such duties on a part-time basis>.
61-25 <(4) "Probationer" means a defendant who is on
61-26 probation.>
61-27 Sec. 3. JUDGE <COURT> ORDERED COMMUNITY SUPERVISION
62-1 <PROBATION>. (a) A judge, in the best interest of justice, the
62-2 public, and the defendant, after conviction or a plea of guilty or
62-3 nolo contendere, may suspend the imposition of the sentence and
62-4 place the defendant on community supervision or impose a fine
62-5 applicable to the offense and place the defendant on community
62-6 supervision.
62-7 (b) In a felony case the minimum period of community
62-8 supervision is two years and the maximum period of community
62-9 supervision is five years.
62-10 (c) The maximum period of community supervision in a
62-11 misdemeanor case is two years.
62-12 (d) A judge may increase the maximum period of community
62-13 supervision in the manner provided by Section 22(b) of this
62-14 article.
62-15 (e) A defendant is not eligible for community supervision
62-16 under this section if the defendant:
62-17 (1) is convicted of or enters a plea of guilty or nolo
62-18 contendere to capital murder;
62-19 (2) is sentenced to serve a term of community
62-20 supervision under Section 12.35, Penal Code; or
62-21 (3) does not file a sworn motion under Subsection (f)
62-22 of this section or for whom the judge does not enter in the verdict
62-23 a finding that the information contained in the motion is correct.
62-24 (f) A defendant is eligible for community supervision under
62-25 this section only if before the trial begins the defendant files a
62-26 written sworn motion with the judge that the defendant has not
62-27 previously been convicted of two or more felonies in this or any
63-1 other state, or if the defendant is charged with a first degree
63-2 felony or murder, that the defendant has not been previously
63-3 convicted of any felony in this or any other state, and the judge
63-4 enters in the verdict a finding that the information in the
63-5 defendant's motion is correct. <The judges of the courts of the
63-6 State of Texas having original jurisdiction of criminal actions,
63-7 when it shall appear to the satisfaction of the court that the ends
63-8 of justice and the best interests of the public as well as the
63-9 defendant will be subserved thereby, shall have the power, after
63-10 conviction or a plea of guilty or nolo contendere for any crime or
63-11 offense, where the maximum punishment assessed against the
63-12 defendant does not exceed ten years imprisonment, to suspend the
63-13 imposition of the sentence and may place the defendant on probation
63-14 or impose a fine applicable to the offense committed and also place
63-15 the defendant on probation as hereinafter provided. Except as
63-16 otherwise provided by this section, in all felony cases where the
63-17 punishment is assessed by the Court it may fix the period of
63-18 probation without regard to the term of punishment assessed, but in
63-19 no event may the period of probation be greater than 10 years or
63-20 less than the minimum prescribed for the offense for which the
63-21 defendant was convicted. In a misdemeanor case in which
63-22 confinement is imposed by the court or in a third-degree felony
63-23 case punished under Section 12.34(a)(2), Penal Code, the period of
63-24 probation shall be for a period of time not to exceed the maximum
63-25 confinement applicable to the offense or two years, whichever
63-26 period is greater. Any such person placed on probation, whether in
63-27 a trial by jury or before the court, shall be under the supervision
64-1 of such court.>
64-2 <Sec. 3g. LIMITATION ON COURT ORDERED PROBATION. (a) The
64-3 provisions of Section 3 of this article do not apply:>
64-4 <(1) to a defendant adjudged guilty of an offense
64-5 defined by the following sections of the Penal Code:>
64-6 <(A) Section 19.03 (Capital murder);>
64-7 <(B) Section 20.04 (Aggravated kidnapping);>
64-8 <(C) Section 22.021 (Aggravated sexual assault);>
64-9 <(D) Section 29.03 (Aggravated robbery); or>
64-10 <(2) to a defendant when it is shown that a deadly
64-11 weapon as defined in Section 1.07(a)(11), Penal Code, was used or
64-12 exhibited during the commission of a felony offense or during
64-13 immediate flight therefrom, and that the defendant used or
64-14 exhibited a deadly weapon or was a party to the offense and knew
64-15 that a deadly weapon would be used or exhibited. On an affirmative
64-16 finding under this subdivision, the trial court shall enter the
64-17 finding in the judgment of the court. On an affirmative finding
64-18 that the deadly weapon was a firearm, the court shall enter that
64-19 finding in its judgment.>
64-20 <(b) If there is an affirmative finding under Subsection
64-21 (a)(2) in the trial of a felony of the second degree or higher that
64-22 the deadly weapon used or exhibited was a firearm and the defendant
64-23 is granted probation, the court may order the defendant confined in
64-24 the institutional division of the Texas Department of Criminal
64-25 Justice for not less than 60 and not more than 120 days. At any
64-26 time after the defendant has served 60 days in the custody of the
64-27 institutional division, the sentencing judge, on his own motion or
65-1 on motion of the defendant, may order the defendant released to
65-2 probation. The institutional division shall release the defendant
65-3 to probation after he has served 120 days.>
65-4 Sec. 4. JURY RECOMMENDED COMMUNITY SUPERVISION <PROBATION>.
65-5 (a) A jury that imposes confinement as punishment for an offense
65-6 may recommend to the judge that the judge suspend the imposition of
65-7 the sentence and place the defendant on community supervision. A
65-8 judge shall suspend the imposition of the sentence and place the
65-9 defendant on community supervision if the jury makes that
65-10 recommendation in the verdict.
65-11 (b) If the jury recommends to the judge that the judge place
65-12 the defendant on community supervision, the judge shall place the
65-13 defendant on community supervision for any period permitted under
65-14 Section 3(b) or 3(c) of this article, as appropriate.
65-15 (c) A judge may increase the maximum period of community
65-16 supervision in the manner provided by Section 22(b) of this
65-17 article.
65-18 (d) A defendant is not eligible for community supervision
65-19 under this section if the defendant:
65-20 (1) is convicted of capital murder;
65-21 (2) is sentenced to serve a term of community
65-22 supervision under Section 12.35, Penal Code; or
65-23 (3) does not file a sworn motion under Subsection (e)
65-24 of this section or for whom the jury does not enter in the verdict
65-25 a finding that the information contained in the motion is correct.
65-26 (e) A defendant is eligible for community supervision under
65-27 this section only if before the trial begins the defendant files a
66-1 written sworn motion with the judge that the defendant has not
66-2 previously been convicted of a felony in this or any other state,
66-3 and the jury enters in the verdict a finding that the information
66-4 in the defendant's motion is correct. <When there is a felony
66-5 conviction in any court of this State and the punishment assessed
66-6 by the jury shall not exceed ten years, the jury may recommend
66-7 probation for a period of any term of years authorized for the
66-8 offense for which the defendant was convicted, but in no event for
66-9 more than ten years, upon written sworn motion made therefor by the
66-10 defendant, filed before the trial begins. When the jury recommends
66-11 probation, it may also assess a fine applicable to the offense for
66-12 which the defendant was convicted. When the trial is to a jury,
66-13 and the defendant has no counsel, the court shall inform the
66-14 defendant of his right to make such motion, and the court shall
66-15 appoint counsel to prepare and present same, if desired by the
66-16 defendant. In no case shall probation be recommended by the jury
66-17 except when the sworn motion and proof shall show, and the jury
66-18 shall find in their verdict that the defendant has never before
66-19 been convicted of a felony in this or any other State. This law is
66-20 not to be construed as preventing the jury from passing on the
66-21 guilt of the defendant, but he may enter a plea of not guilty. In
66-22 all eligible cases, probation shall be granted by the court, if the
66-23 jury recommends it in their verdict, for the period recommended by
66-24 the jury. This section does not apply to a defendant adjudged
66-25 guilty of an offense under Section 481.122, Texas Controlled
66-26 Substances Act (Chapter 481, Health and Safety Code), if it is
66-27 shown on the trial of the offense that the defendant was 21 years
67-1 of age or older at the time the offense was committed by his own
67-2 conduct.>
67-3 <(b) Where there is a misdemeanor conviction in any court of
67-4 this state and the punishment assessed by the jury shall be by
67-5 imprisonment in jail or by a fine or by both such fine and
67-6 imprisonment, the jury may recommend probation for a period of time
67-7 not to exceed two years, upon sworn motion made therefor by the
67-8 defendant, filed before the penalty stage of the trial begins.
67-9 When the jury recommends probation, it may recommend that the
67-10 imprisonment or fine or both such fine and imprisonment found in
67-11 its verdict may be probated. When the trial is to a jury and the
67-12 defendant has no counsel, the court shall inform the defendant of
67-13 his right to make such motion, and the court shall appoint counsel
67-14 to prepare and present same, if desired by the defendant. In no
67-15 case shall probation be recommended by the jury except when the
67-16 defendant, before the trial began, had filed a sworn statement that
67-17 the defendant has never before been convicted of a felony, and
67-18 after conviction and before the penalty stage of the trial began,
67-19 the defendant shall have filed a sworn motion for probation and the
67-20 proof shall show and the jury shall find in their verdict that the
67-21 defendant has never before been convicted of a felony in this or
67-22 any other state. This law is not to be construed as preventing the
67-23 jury from passing on the guilt of the defendant, but the defendant
67-24 may enter a plea of not guilty. In all eligible cases, probation
67-25 shall be granted by the court, if the jury recommends it in their
67-26 verdict.>
67-27 <(c) This section does not prohibit a court from granting
68-1 probation in a case if the jury in the case does not recommend
68-2 probation.>
68-3 Sec. 5. Deferred Adjudication. (a) Except as provided by
68-4 Subsection (d) of this section, when in its opinion the best
68-5 interest of society and the defendant will be served, the judge
68-6 <court> may, after receiving a plea of guilty or plea of nolo
68-7 contendere, hearing the evidence, and finding that it substantiates
68-8 the defendant's guilt, defer further proceedings without entering
68-9 an adjudication of guilt, and place the defendant on community
68-10 supervision <probation>. The judge <court> shall inform the
68-11 defendant orally or in writing of the possible consequences under
68-12 Subsection (b) of this section of a violation of community
68-13 supervision <probation>. If the information is provided orally,
68-14 the judge <court> must record and maintain the court's statement to
68-15 the defendant. In a felony case, the period of community
68-16 supervision <probation> may not exceed five <10> years. In a
68-17 misdemeanor case, the period of community supervision <probation>
68-18 may not exceed two years. A judge may increase the maximum period
68-19 of community supervision in the manner provided by Section 22(b) of
68-20 this article. The judge <court> may impose a fine applicable to
68-21 the offense and require any reasonable terms and conditions of
68-22 community supervision <probation>. However, upon written motion of
68-23 the defendant requesting final adjudication filed within 30 days
68-24 after entering such plea and the deferment of adjudication, the
68-25 judge <court> shall proceed to final adjudication as in all other
68-26 cases.
68-27 (b) On violation of a condition of community supervision
69-1 <probation> imposed under Subsection (a) of this section, the
69-2 defendant may be arrested and detained as provided in Section 21
69-3 <24> of this article <Article>. The defendant is entitled to a
69-4 hearing limited to the determination by the court of whether it
69-5 proceeds with an adjudication of guilt on the original charge. No
69-6 appeal may be taken from this determination. After an adjudication
69-7 of guilt, all proceedings, including assessment of punishment,
69-8 pronouncement of sentence, granting of community supervision
69-9 <probation>, and defendant's appeal continue as if the adjudication
69-10 of guilt had not been deferred.
69-11 (c) On expiration of a community supervision <probationary>
69-12 period imposed under Subsection (a) of this section, if the judge
69-13 <court> has not proceeded to adjudication of guilt, the judge
69-14 <court> shall dismiss the proceedings against the defendant and
69-15 discharge him. The judge <court> may dismiss the proceedings and
69-16 discharge the defendant prior to the expiration of the term of
69-17 community supervision <probation> if in the judge's <its> opinion
69-18 the best interest of society and the defendant will be served. A
69-19 dismissal and discharge under this section may not be deemed a
69-20 conviction for the purposes of disqualifications or disabilities
69-21 imposed by law for conviction of an offense, except that:
69-22 (1) upon conviction of a subsequent offense, the fact
69-23 that the defendant had previously received community supervision
69-24 with a deferred adjudication of guilt <probation> shall be
69-25 admissible before the court or jury to be considered on the issue
69-26 of penalty; and
69-27 (2) if the defendant is an applicant for a license or
70-1 is a licensee under Chapter 42, Human Resources Code, the Texas
70-2 Department of Human Services may consider the fact that the
70-3 defendant previously has received community supervision with a
70-4 deferred adjudication of guilt <probation> under this section in
70-5 issuing, renewing, denying, or revoking a license under that
70-6 chapter.
70-7 (d) In all other cases the judge may grant deferred
70-8 adjudication unless the defendant:
70-9 (1) has previously received deferred adjudication for
70-10 a felony offense;
70-11 (2) is charged with a misdemeanor offense and has
70-12 previously received deferred adjudication for a misdemeanor
70-13 offense;
70-14 (3) is charged with an offense under Section 49.04,
70-15 49.05, 49.06, 49.07, or 49.08, Penal Code; or
70-16 (4) is charged with a person offense punishable as a
70-17 second degree felony or higher.
70-18 (e) In this section, a defendant has previously received
70-19 deferred adjudication community supervision if the placement on
70-20 deferred adjudication community supervision occurred before the
70-21 commission of the instant offense. <This section does not apply to
70-22 a defendant charged with an offense under Subdivision (2),
70-23 Subsection (a), Section 19.05, Penal Code, an offense under
70-24 Sections 481.107(b) through (e), 481.122, or 481.126, Health and
70-25 Safety Code, an offense under Article 6701l-1, Revised Statutes, an
70-26 offense under Section 34, Chapter 173, Acts of the 47th
70-27 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
71-1 Civil Statutes), an offense under Section 32(c), Texas Motor
71-2 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
71-3 Civil Statutes), or an offense under Section 10, Texas Commercial
71-4 Driver's License Act (Article 6687b-2, Revised Statutes).>
71-5 Sec. 6. Continuing Court Jurisdiction in Felony Cases. (a)
71-6 For the purposes of this section, the jurisdiction of a court in
71-7 which a sentence requiring imprisonment <confinement> in the
71-8 institutional division of the Texas Department of Criminal Justice
71-9 <Corrections> is imposed by the judge of the court shall continue
71-10 for 180 days from the date the execution of the sentence actually
71-11 begins. Before the expiration of 180 days from the date the
71-12 execution of the sentence actually begins, the judge of the court
71-13 that imposed such sentence may on his own motion, on the motion of
71-14 the attorney representing the state, or on the written motion of
71-15 the defendant, suspend further execution of the sentence and place
71-16 the defendant on community supervision <probation> under the terms
71-17 and conditions of this article, if in the opinion of the judge the
71-18 defendant would not benefit from further imprisonment
71-19 <incarceration> and<:>
71-20 <(1)> the defendant is otherwise eligible for
71-21 community supervision <probation> under Section 3 of this article<;>
71-22 <(2) the defendant had never before been incarcerated
71-23 in a penitentiary serving a sentence for a felony; and>
71-24 <(3) the offense for which the defendant was convicted
71-25 was other than those defined by Section 19.02, 20.04, 22.021,
71-26 22.03, 22.04(a)(1), (2), or (3), 29.03, 36.02, 38.07, 71.02 or a
71-27 felony of the second degree under Section 38.10, Penal Code>.
72-1 (b) <If a court imposes a sentence under Section
72-2 12.34(a)(2), Penal Code, the period of time during which the court
72-3 may suspend further execution of the sentence and place the
72-4 defendant on probation runs from the 60th day after the date of
72-5 sentencing until the date the sentence expires.>
72-6 <(c)> When the defendant or the attorney representing the
72-7 state files a written motion requesting suspension by the judge
72-8 <court> of further execution of the sentence and placement of the
72-9 defendant on community supervision <probation>, and when requested
72-10 to do so by the judge <court>, the clerk of the court shall request
72-11 a copy of the defendant's record while imprisoned <incarcerated>
72-12 from the institutional division of the Texas Department of Criminal
72-13 Justice <Corrections> or, if the defendant is confined
72-14 <incarcerated> in county jail, from the sheriff. Upon receipt of
72-15 such request, the institutional division of the Texas Department of
72-16 Criminal Justice <Corrections> or the sheriff shall forward to the
72-17 judge <court>, as soon as possible, a full and complete copy of the
72-18 defendant's record while imprisoned or confined <incarcerated>.
72-19 When the defendant files a written motion requesting suspension of
72-20 further execution of the sentence and placement on community
72-21 supervision <probation>, he shall immediately deliver or cause to
72-22 be delivered a true and correct copy of the motion to the office of
72-23 the attorney representing the state.
72-24 (c) <(d)> The judge <court> may deny the motion without a
72-25 hearing but may not grant the motion without holding a hearing and
72-26 providing the attorney representing the state and the defendant the
72-27 opportunity to present evidence on the motion.
73-1 <(e) If a court imposes punishment under Section 12.422,
73-2 Penal Code, the jurisdiction of the court continues until the 30th
73-3 day after the date the defendant is released from a substance abuse
73-4 facility, for the purpose of allowing the court to place the
73-5 defendant on probation under this article. A court may place the
73-6 defendant on probation under this subsection on its own motion or
73-7 on the motion of any party. If probation is imposed, the period of
73-8 probation may not exceed the term of years imposed under Section
73-9 12.422(a)(2), Penal Code, and the court must impose as a condition
73-10 of probation that the defendant participate in a drug or alcohol
73-11 abuse after-care program. If the court does not impose probation
73-12 on the defendant within the time permitted under this subsection,
73-13 the punishment under Section 12.422(a)(2), Penal Code, is
73-14 automatically discharged.>
73-15 Sec. 7. Continuing Court Jurisdiction in Misdemeanor Cases.
73-16 (a) For the purposes of this section, the jurisdiction of the
73-17 courts in this state in which a sentence requiring confinement in a
73-18 jail is imposed for conviction of a misdemeanor shall continue for
73-19 180 days from the date the execution of the sentence actually
73-20 begins <a period equal to the sentence imposed>. The judge of the
73-21 court that imposed such sentence may on his own motion, on the
73-22 motion of the attorney representing the state, or on the written
73-23 motion of the defendant suspend further execution of the sentence
73-24 and place the defendant on community supervision <probation> under
73-25 the terms and conditions of this article, if <prior to the
73-26 execution of that sentence the defendant had never been
73-27 incarcerated in a penitentiary or jail serving a sentence for a
74-1 felony or misdemeanor and> in the opinion of the judge the
74-2 defendant would not benefit from further confinement
74-3 <incarceration>.
74-4 (b) When the defendant files a written motion with the court
74-5 requesting suspension of further execution of the sentence and
74-6 placement on community supervision <probation> or when requested to
74-7 do so by the judge, the clerk of the court shall request a copy of
74-8 the defendant's record while confined <incarcerated> from the
74-9 agency operating the jail where the defendant is confined
74-10 <incarcerated>. Upon receipt of such request, the agency operating
74-11 the jail where the defendant is confined <incarcerated> shall
74-12 forward to the court as soon as possible a full and complete copy
74-13 of the defendant's record while confined <incarcerated>.
74-14 (c) The judge <court> may deny the motion without a hearing
74-15 but may not grant a motion without holding a hearing and allowing
74-16 the attorney representing the state and the defendant to present
74-17 evidence in the case.
74-18 Sec. 8. State Boot Camp Program <ALTERNATIVE INCARCERATION
74-19 PROBATION>. (a) For the purposes of this section, the
74-20 jurisdiction of a court in which a sentence requiring imprisonment
74-21 <confinement> in the institutional division of the Texas Department
74-22 of Criminal Justice is imposed for conviction of a felony shall
74-23 continue for 90 days from the date on which the convicted person is
74-24 received into custody by the institutional division. After the
74-25 expiration of 75 days but prior to the expiration of 90 days from
74-26 the date on which the convicted person is received into custody by
74-27 the institutional division, the judge of the court that imposed the
75-1 sentence may suspend further execution of the sentence imposed and
75-2 place the person on community supervision <probation> under the
75-3 terms and conditions of this article, if in the opinion of the
75-4 judge the person would not benefit from further imprisonment
75-5 <incarceration in a penitentiary>. The court shall clearly
75-6 indicate in its order recommending the placement of the person in
75-7 the state boot camp <alternative incarceration> program that the
75-8 court is not retaining jurisdiction over the person for the
75-9 purposes of Section 6 of this article. A court may recommend a
75-10 person for placement in the state boot camp <alternative
75-11 incarceration> program only if:
75-12 (1) the person is otherwise eligible for community
75-13 supervision <probation> under this article;
75-14 (2) the person is 17 years of age or older but younger
75-15 than 26 years and is physically and mentally capable of
75-16 participating in a program <does not have a physical or mental
75-17 handicap> that requires <precludes> strenuous physical activity;
75-18 and
75-19 (3) the person is not convicted of an offense
75-20 punishable as a fourth degree felony <had never before been
75-21 incarcerated in a federal penitentiary or penitentiary of this or
75-22 any other state or has never been paroled from a county or
75-23 municipal jail while awaiting transfer to a penitentiary>.
75-24 (b) On the 76th day after the day on which the convicted
75-25 person is received into custody by the institutional division, the
75-26 institutional division shall send the convicting court the record
75-27 of the person's progress, conduct, and conformity to institutional
76-1 division rules.
76-2 (c) The judge's <court's> recommendation that a person be
76-3 placed in the state boot camp <an alternative incarceration>
76-4 program created under Section 499.052, Government Code, does not
76-5 give the court the power to hold the Texas Department of Criminal
76-6 Justice or any officer or employee of the department in contempt of
76-7 court for failure to adhere to that recommendation.
76-8 Sec. 9. Presentence Investigations. (a) Before the
76-9 imposition of sentence by a judge <the court> in a felony case, and
76-10 except as provided by Subsection (b) of this section, before the
76-11 imposition of sentence by a judge <the court> in a misdemeanor case
76-12 the judge <court> shall direct a supervision <probation> officer to
76-13 report to the judge <court> in writing on the circumstances of the
76-14 offense with which the defendant is charged, the amount of
76-15 restitution necessary to adequately compensate a victim of the
76-16 offense, the criminal and social history of the defendant, and any
76-17 other information relating to the defendant or the offense
76-18 requested by the judge <court>. It is not necessary that the
76-19 report contain a sentencing recommendation, but the report must
76-20 contain a proposed client supervision plan describing programs and
76-21 sanctions that the community supervision and corrections department
76-22 would provide the defendant if the defendant were placed on
76-23 community supervision <granted probation>.
76-24 (b) The judge <court> is not required to direct a
76-25 supervision <probation> officer to prepare a report in a
76-26 misdemeanor case if:
76-27 (1) the defendant requests that a report not be made
77-1 and the judge <court> agrees to the request; or
77-2 (2) the judge <court> finds that there is sufficient
77-3 information in the record to permit the meaningful exercise of
77-4 sentencing discretion and the judge <court> explains this finding
77-5 on the record.
77-6 (c) The judge <court> may not inspect a report and the
77-7 contents of the report may not be disclosed to any person unless:
77-8 (1) the defendant pleads guilty or nolo contendere or
77-9 is convicted of the offense; or
77-10 (2) the defendant, in writing, authorizes the judge to
77-11 inspect the report.
77-12 (d) Before sentencing a defendant, the judge <court> shall
77-13 permit the defendant or his counsel to read the presentence report.
77-14 (e) The judge <court> shall allow the defendant or his
77-15 attorney to comment on the report and, with the approval of the
77-16 judge <court>, introduce testimony or other information alleging a
77-17 factual inaccuracy in the report.
77-18 (f) The judge <court> shall allow the attorney representing
77-19 the state access to any information made available to the defendant
77-20 under this section.
77-21 (g) The supervision <probation> officer making a report
77-22 under this section shall send a copy of the report to an
77-23 institution to which the defendant is committed.
77-24 (h) On a determination by the judge <court> that alcohol or
77-25 drug abuse may have contributed to the commission of the offense,
77-26 the judge <court> shall direct a supervision <probation> officer
77-27 approved by the community supervision and corrections <probation>
78-1 department or the judge <court> or a person, program, or other
78-2 agency approved by the Texas Commission on Alcohol and Drug Abuse,
78-3 to conduct an evaluation to determine the appropriateness of, and a
78-4 course of conduct necessary for, alcohol or drug rehabilitation for
78-5 a defendant and to report that evaluation to the judge <court>.
78-6 The evaluation shall be made:
78-7 (1) after arrest and before conviction, if requested
78-8 by the defendant;
78-9 (2) after conviction and before sentencing, if the
78-10 judge <court> assesses punishment in the case;
78-11 (3) after sentencing and before the entry of a final
78-12 judgment, if the jury assesses punishment in the case; or
78-13 (4) after community supervision <probation> is
78-14 granted, if the evaluation is required as a condition of community
78-15 supervision <probation> under Section 13 of this article.
78-16 (i) A presentence investigation conducted on any defendant
78-17 <offender> convicted of a felony offense who appears to the judge
78-18 <court> through its own observation or on suggestion of a party to
78-19 have a mental impairment shall include a psychological evaluation
78-20 which determines, at a minimum, the defendant's IQ and adaptive
78-21 behavior score. The results of the evaluation shall be included in
78-22 the report to the judge <court> as required by Subsection (a) of
78-23 this section.
78-24 (j) The judge <court> by order may direct that any
78-25 information and records that are not privileged and that are
78-26 relevant to the report required by Subsection (a) of this section
78-27 be released to the officer conducting the presentence investigation
79-1 under Subsection (i) of this section. The judge <court> may also
79-2 issue a subpoena to obtain that information. The report and all
79-3 information obtained in connection with the presentence
79-4 investigation are confidential and may be released only to those
79-5 persons and under those circumstances authorized under Subsections
79-6 (d), (e), (f), and (g) of this section and as directed by the judge
79-7 <court> for the effective supervision of the defendant. Medical
79-8 and psychiatric records obtained by court order shall be kept
79-9 separate from the defendant's community supervision <probation>
79-10 file and may be released only by order of the judge <court>.
79-11 Sec. 10. AUTHORITY TO IMPOSE, MODIFY, OR REVOKE COMMUNITY
79-12 SUPERVISION <PROBATION>. (a) Only the court in which the
79-13 defendant was tried may grant community supervision <probation>,
79-14 impose conditions, revoke the community supervision <probation>, or
79-15 discharge the defendant, unless the court has transferred
79-16 jurisdiction of the case to another court with the latter's
79-17 consent. Except as provided by Subsection (d) of this section,
79-18 only the court may alter conditions of community supervision
79-19 <probation>. In a felony case, only the judge who originally
79-20 sentenced the defendant may suspend execution thereof and place the
79-21 defendant under community supervision <probation> pursuant to
79-22 Section 6 of this article or assume jurisdiction of the defendant
79-23 under Section 15 of this article. If <except that if> the judge
79-24 who originally sentenced the defendant is deceased or disabled or
79-25 if the office is vacant or if the defendant is released from the
79-26 physical custody of the institutional division, is subject to
79-27 Section 15 of this article, and the judge who originally sentenced
80-1 the defendant is deceased or disabled or if the office is vacant
80-2 and a motion is filed in accordance with Section 6 of this article,
80-3 the clerk of the court shall promptly forward a copy of the motion
80-4 to the presiding judge of the administrative judicial district for
80-5 that court, who may deny the motion without a hearing or appoint a
80-6 judge to hold a hearing on the motion.
80-7 (b) After a defendant has been placed on community
80-8 supervision <probation>, jurisdiction of the case may be
80-9 transferred to a court of the same rank in this state <State>
80-10 having geographical jurisdiction where the defendant is residing or
80-11 where a violation of the conditions of community supervision
80-12 <probation> occurs. Upon transfer, the clerk of the court of
80-13 original jurisdiction shall forward a transcript of such portions
80-14 of the record as the transferring judge shall direct to the court
80-15 accepting jurisdiction, which latter court shall thereafter proceed
80-16 as if the trial and conviction had occurred in that court.
80-17 (c) Any judge of a court having geographical jurisdiction
80-18 where the defendant is residing or where a violation of the
80-19 conditions of community supervision <probation> occurs may issue a
80-20 warrant for his arrest, but the determination of action to be taken
80-21 after arrest shall be only by the judge of the court having
80-22 jurisdiction of the case at the time the action is taken.
80-23 (d) A judge <court> that places a defendant on community
80-24 supervision <probation> may authorize the supervision <probation>
80-25 officer supervising the defendant <probationer> or a magistrate
80-26 appointed by the district courts in the county that give preference
80-27 to criminal cases to modify the conditions of community supervision
81-1 <probation> for the limited purpose of transferring the defendant
81-2 <probationer> to different programs within the community
81-3 supervision continuum of programs and sanctions <probation
81-4 program>.
81-5 (e) If a supervision <probation> officer or magistrate
81-6 modifies the conditions of community supervision <probation>, the
81-7 <probation> officer or magistrate shall deliver a copy of the
81-8 modified conditions to the defendant <probationer>, shall file a
81-9 copy of the modified conditions with the sentencing court, and
81-10 shall note the date of delivery of the copy in the defendant's
81-11 <probationer's> file. If the defendant <probationer> agrees to the
81-12 modification in writing, the <probation> officer or magistrate
81-13 shall file a copy of the modified conditions with the district
81-14 clerk and the conditions shall be enforced as modified. If the
81-15 defendant <probationer> does not agree to the modification in
81-16 writing, the supervision <probation> officer or magistrate shall
81-17 refer the case to the judge of the court for modification <by the
81-18 judge> in the manner provided by Section 22 <24> of this article.
81-19 <(j-3) The judges of the county courts at law in Hidalgo
81-20 County shall participate in the management of the probation
81-21 department serving the county, and for that purpose have the same
81-22 duties and powers imposed by this section as do the district judges
81-23 trying criminal cases in the county. The probation department may
81-24 obtain criminal history record information (CHRI) relating to an
81-25 applicant for employment with the department that is maintained by
81-26 the Department of Public Safety, the Federal Bureau of
81-27 Investigation identification division, or any other law enforcement
82-1 agency. The information obtained under this subsection is for the
82-2 exclusive use of the department and is privileged and confidential.
82-3 The information may not be released or otherwise disclosed except
82-4 on court order or consent of the applicant.>
82-5 <Sec. 10A. (j) Except as provided in Subsection (k) of this
82-6 section on satisfactory completion by a probationer of the required
82-7 amount of community-service restitution work and full payment of
82-8 restitution as ordered by the court, if the court has not proceeded
82-9 to adjudication of guilt, the court shall dismiss the proceedings
82-10 against the defendant and discharge him. A dismissal and discharge
82-11 under this section may not be deemed a conviction for the purposes
82-12 of disqualifications or disabilities imposed by law for conviction
82-13 of an offense, except that:>
82-14 <(1) on conviction of a subsequent offense the fact
82-15 that the defendant previously received community-service probation
82-16 is admissible on the issue of penalty; and>
82-17 <(2) if the defendant is an applicant for a license or
82-18 is a licensee under Chapter 42, Human Resources Code, the Texas
82-19 Department of Human Services may consider the fact that the
82-20 defendant previously has received probation under this section in
82-21 issuing, renewing, denying, or revoking a license under that
82-22 chapter.>
82-23 <Sec. 10B. EL PASO COUNTY PRETRIAL DIVERSION PROGRAM. (a)
82-24 As a condition for a defendant to enter any pretrial diversion
82-25 program or the functional equivalent that may be operated in El
82-26 Paso County by the West Texas Regional Adult Probation Department
82-27 or a county or district attorney of El Paso County, a defendant
83-1 must file in the court in which the charges are pending a sworn
83-2 waiver of speedy trial motion requesting the court to approve
83-3 without a hearing the defendant's waiver of his speedy trial rights
83-4 under the constitution and other law. If the court approves the
83-5 waiver, the defendant is eligible for consideration for acceptance
83-6 into a pretrial diversion program or equivalent program.>
83-7 <(b) At the time the motion to waive speedy trial rights
83-8 required by Subsection (a) of this section is filed, the court
83-9 clerk shall collect a $125 filing fee unless the court for good
83-10 cause or otherwise waives the fee or any part of the fee under
83-11 guidelines that may be set by the El Paso Council of Judges. The
83-12 filing fee is nonrefundable.>
83-13 <(c) The fees collected by the court clerk under Subsection
83-14 (b) of this section shall be deposited in the general fund of the
83-15 county treasury as provided by Chapter 113, Local Government Code.>
83-16 Sec. 11. BASIC CONDITIONS OF COMMUNITY SUPERVISION
83-17 <PROBATION>. (a) The judge of the court having jurisdiction of
83-18 the case shall determine the <terms and> conditions of community
83-19 supervision <probation> and may, at any time, during the period of
83-20 community supervision <probation> alter or modify the conditions as
83-21 provided by Sections 10 and 22 of this article<; provided, however,
83-22 that the clerk of the court shall furnish a copy of such terms and
83-23 conditions to the probationer, and shall note the date of delivery
83-24 of such copy on the docket>. The judge may impose any reasonable
83-25 condition that is designed to protect or restore the community,
83-26 protect or restore the victim, or rehabilitate or reform the
83-27 defendant. Conditions <Terms and conditions> of community
84-1 supervision <probation> may include, but shall not be limited to,
84-2 the conditions that the defendant <probationer> shall:
84-3 (1) Commit no offense against the laws of this State
84-4 or of any other State or of the United States;
84-5 (2) Avoid injurious or vicious habits;
84-6 (3) Avoid persons or places of disreputable or harmful
84-7 character;
84-8 (4) Report to the supervision <probation> officer as
84-9 directed by the judge or supervision <probation> officer and obey
84-10 all rules and regulations of the community supervision and
84-11 corrections <probation> department;
84-12 (5) Permit the supervision <probation> officer to
84-13 visit him at his home or elsewhere;
84-14 (6) Work faithfully at suitable employment as far as
84-15 possible;
84-16 (7) Remain within a specified place;
84-17 (8) Pay his fine, if one be assessed, and all court
84-18 costs whether a fine be assessed or not, in one or several sums,
84-19 and make restitution or reparation in any sum that the judge
84-20 <court> shall determine;
84-21 (9) Support his dependents;
84-22 (10) Participate, for a time specified by the judge
84-23 <court> in any community-based program, including a
84-24 community-service work program under Section 16 of this article
84-25 <designated by the court>;
84-26 (11) Reimburse the county in which the prosecution was
84-27 instituted for compensation paid to appointed counsel for defending
85-1 him in the case, if counsel was appointed, or if he was represented
85-2 by a county-paid public defender, in an amount that would have been
85-3 paid to an appointed attorney had the county not had a public
85-4 defender;
85-5 (12) Remain under custodial supervision in a community
85-6 corrections <community-based> facility, obey all rules and
85-7 regulations of such facility, and pay a percentage of his income to
85-8 the facility for room and board;
85-9 (13) Pay a percentage of his income to his dependents
85-10 for their support while under custodial supervision <suspension> in
85-11 a community corrections <community-based> facility;
85-12 (14) Pay a percentage of his income to the victim of
85-13 the offense, if any, to compensate the victim for any property
85-14 damage or medical expenses sustained by the victim as a direct
85-15 result of the commission of the offense;
85-16 (15) Submit to testing for controlled substances;
85-17 (16) Attend counseling sessions for substance abusers
85-18 or participate in substance abuse treatment services in a program
85-19 or facility approved or licensed by the Texas Commission on Alcohol
85-20 and Drug Abuse<, if the person was sentenced for an offense
85-21 involving controlled substances or the court determines that the
85-22 defendant's use of controlled substances was connected to the
85-23 commission of the offense>;
85-24 (17) Register under Article 6252-13c.1, Revised
85-25 Statutes; <and>
85-26 (18) With the consent of the victim of a misdemeanor
85-27 offense or of any offense under Title 7, Penal Code, participate in
86-1 victim-defendant mediation for the purpose of making restitution to
86-2 the victim;
86-3 (19) Submit to electronic monitoring;
86-4 (20) Reimburse the crime victims compensation fund
86-5 created under the Crime Victims Compensation Act (Article 8309-1,
86-6 Vernon's Texas Civil Statutes) for any amounts paid from that fund
86-7 to a victim, as defined by Article 56.01 of this code, of the
86-8 defendant's offense;
86-9 (21) Reimburse a law enforcement agency for the
86-10 analysis, storage, or disposal of raw materials, controlled
86-11 substances, chemical precursors, drug paraphernalia, or other
86-12 materials seized in connection with the offense;
86-13 (22) Pay all or part of the reasonable and necessary
86-14 costs incurred by the victim for psychological counseling made
86-15 necessary by the offense or for counseling and education relating
86-16 to acquired immune deficiency syndrome or human immunodeficiency
86-17 virus made necessary by the offense; and
86-18 (23) Make one payment in an amount not to exceed $50
86-19 to a local crime stoppers program as defined by Section 414.001,
86-20 Government Code, and as certified by the Crime Stoppers Advisory
86-21 Council.
86-22 (b) A judge <court> may not order a defendant <probationer>
86-23 to make any payments as a term or condition of community
86-24 supervision <probation>, except for fines, court costs, restitution
86-25 to the victim, and other <terms or> conditions related personally
86-26 to the rehabilitation of the defendant <probationer> or otherwise
86-27 expressly authorized by law. The court shall consider the ability
87-1 of the defendant <probationer> to make payments in ordering the
87-2 defendant <probationer> to make payments under this article.
87-3 (c) <In addition to any other terms and conditions of
87-4 probation, the court may require a probationer to reimburse the
87-5 crime victims compensation fund created under the Crime Victims
87-6 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)
87-7 for any amounts paid from that fund to a victim of the
87-8 probationer's offense. In this subsection, "victim" has the
87-9 meaning assigned by Article 56.01 of this code.>
87-10 <(c) If a court grants probation to a person convicted of an
87-11 offense under Chapter 481, Health and Safety Code, the court may
87-12 order the person to reimburse a law enforcement agency for the
87-13 agency's expenses for the confiscation, analysis, storage, or
87-14 disposal of raw materials, controlled substances, chemical
87-15 precursors, drug paraphernalia, or other materials seized in
87-16 connection with the offense.>
87-17 <(e) A court may not order a probationer to make any
87-18 payments as a term and condition of probation, except for fines,
87-19 court costs, restitution of the victim, payment to a local crime
87-20 stoppers program under Subsection (h) of this section, and other
87-21 terms and conditions expressly authorized by statute.>
87-22 <(f) If the court grants probation to a person convicted of
87-23 an offense under Section 21.11, 22.011, 22.021, or 22.04, Penal
87-24 Code, the court may, on a finding that the probationer is
87-25 financially able to make payment, require the probationer to pay
87-26 all or a part of the reasonable and necessary costs incurred by the
87-27 victim for psychological counseling made necessary by the offense
88-1 or for counseling and education relating to acquired immune
88-2 deficiency syndrome or human immunodeficiency virus made necessary
88-3 by the offense. Any payments ordered under this subsection may not
88-4 extend past one year from the date of the order.>
88-5 <(g)> If the judge <court> or jury places a defendant on
88-6 community supervision <grants probation to a person>, the judge
88-7 <court> shall require the defendant <person> to demonstrate to the
88-8 court whether the defendant <person> has an educational skill level
88-9 that is equal to or greater than the average skill level of
88-10 students who have completed the sixth grade in public schools in
88-11 this state. If the judge <court> determines that the defendant
88-12 <person> has not attained that skill level, the judge <court> shall
88-13 require as a condition of community supervision <probation> that
88-14 the defendant <person> attain that level of educational skill,
88-15 unless the judge <court> determines that the defendant <person>
88-16 lacks the intellectual capacity or the learning ability to ever
88-17 achieve that level of skill.
88-18 <(g) If the court grants probation to a person convicted of
88-19 an offense under Section 21.11, 22.011, 22.021, or 43.02, Penal
88-20 Code, the court may require the probationer to receive counseling
88-21 or education, or both, relating to acquired immune deficiency
88-22 syndrome or human immunodeficiency virus.>
88-23 <(g) On any evidence of the presence of a controlled
88-24 substance in the defendant's body, or on any evidence the defendant
88-25 has used a controlled substance, or on evidence that controlled
88-26 substance use is related to the offense for which the defendant was
88-27 placed on probation, the court shall require as a condition of
89-1 probation that the defendant submit to testing for controlled
89-2 substances in the defendant's body.>
89-3 <(h) In addition to any other terms and conditions imposed
89-4 under this section, the court may require the probationer as a
89-5 condition of his probation to make one payment in an amount not to
89-6 exceed $50 to a local crime stoppers program as defined by Section
89-7 414.001(2), Government Code, and as certified by the Crime Stoppers
89-8 Advisory Council. In imposing the condition, the court shall
89-9 consider the ability of the probationer to make the payment and the
89-10 effectiveness and fiscal responsibility of the local crime stoppers
89-11 program.>
89-12 <(h) If the court grants probation to a person convicted of
89-13 an offense under the Texas Controlled Substances Act (Article
89-14 4476-15, Vernon's Texas Civil Statutes), the court may require the
89-15 probationer to receive counseling or education, or both, relating
89-16 to acquired immune deficiency syndrome or human immunodeficiency
89-17 virus. The court shall order that a report be made under Section 4
89-18 of this article to determine if the probationer should receive the
89-19 counseling and education.>
89-20 Sec. 12. CONFINEMENT <DETENTION> AS A CONDITION OF COMMUNITY
89-21 SUPERVISION <PROBATION>. (a) If a judge <When the court> having
89-22 jurisdiction of a misdemeanor case requires <grants probation to
89-23 the defendant, the court may require> as a condition of community
89-24 supervision <probation> that the defendant submit to a period of
89-25 confinement <detention> in a county jail, the period of confinement
89-26 may <or community corrections facility to serve a term of
89-27 imprisonment> not <to> exceed 90 <30> days <and serve up to 100
90-1 hours of community service>. If a judge having jurisdiction of
90-2 <In> a felony case requires <the court may require> as a condition
90-3 of community supervision <probation> that the defendant submit to a
90-4 period of confinement <detention> in a county jail, the period of
90-5 confinement may <to serve a term of imprisonment> not <to> exceed
90-6 180 days<. A court granting probation to a defendant convicted of
90-7 an offense under Section 71.02, Penal Code, may require as a
90-8 condition of probation that the defendant submit to 180 days
90-9 detention in the county jail or community corrections facility and
90-10 serve up to 200 hours of public service in addition to any other
90-11 penalty prescribed by law>.
90-12 (b) A judge that requires as a condition of community
90-13 supervision that the defendant serve a term in a community
90-14 corrections facility under Section 17 or 18 of this article may not
90-15 impose a term of confinement under this section that, when added to
90-16 the term imposed under Section 17 or 18, exceeds 24 months.
90-17 (c) A judge may impose confinement as a condition of
90-18 community supervision under Subsection (a) of this section on
90-19 placing the defendant on supervision or at any time during the
90-20 supervision period. The judge may impose periods of confinement as
90-21 a condition of community supervision in increments smaller than the
90-22 maximum periods provided by Subsection (a) of this section but may
90-23 not impose periods of confinement that if added together exceed the
90-24 maximum periods provided by Subsection (a).
90-25 Sec. 13. DWI COMMUNITY SUPERVISION <PROBATION>. (a) A
90-26 judge <court> granting community supervision <probation> to a
90-27 defendant convicted of an offense under Chapter 49, Penal Code,
91-1 <Article 6701l-1, Revised Statutes, and punished under Subsection
91-2 (d), (e), or (f) of that article> shall require as a condition of
91-3 community supervision <probation> that the defendant submit to:
91-4 (1) 72 hours of confinement <detention in a jail> if
91-5 the defendant was punished <convicted> under Section 49.09(a)
91-6 <Subsection (d) of Article 6701l-1, Revised Statutes>; 10 days of
91-7 confinement <detention in a jail> if the defendant was punished
91-8 <convicted> under Section 49.09(b) or (c) <Subsection (e) of
91-9 Article 6701l-1, Revised Statutes>; or 30 days of confinement
91-10 <detention in a jail> if the defendant was convicted under Section
91-11 49.07 <Subsection (f) of Article 6701l-1, Revised Statutes>; and
91-12 (2) an evaluation by a supervision <probation> officer
91-13 or by a person, program, or facility approved by the Texas
91-14 Commission on Alcohol and Drug Abuse for the purpose of having the
91-15 facility prescribe and carry out a course of conduct necessary for
91-16 the rehabilitation of the defendant's drug or alcohol dependence
91-17 condition.
91-18 (b) A judge <court> granting community supervision
91-19 <probation> to a defendant convicted of an offense under
91-20 <Subdivision (2), Subsection (a),> Section 49.08 <19.05>, Penal
91-21 Code, shall require as a condition of community supervision
91-22 <probation> that the defendant submit to a period of <detention in
91-23 a penal institution to serve a term of> confinement of not less
91-24 than 120 days.
91-25 (c) If the director of a facility to which a defendant
91-26 <person> is referred under Subdivision (2) of Subsection (a) of
91-27 this section determines that the defendant <person> is not making a
92-1 good faith effort to participate in a program of rehabilitation,
92-2 the director shall notify the judge <court> that referred the
92-3 defendant <person> of that fact.
92-4 (d) If a judge <court> requires as a condition of community
92-5 supervision <probation> that the defendant participate in a
92-6 prescribed course of conduct necessary for the rehabilitation of
92-7 the defendant's drug or alcohol dependence condition, the judge
92-8 <court> shall require that the defendant pay for all or part of the
92-9 cost of such rehabilitation based on the defendant's ability to
92-10 pay. The judge <court> may, in its discretion, credit such cost
92-11 paid by the defendant against the fine assessed. In making a
92-12 determination of a defendant's ability to pay the cost of
92-13 rehabilitation under this subsection, the judge <court> shall
92-14 consider whether the defendant has insurance coverage that will pay
92-15 for rehabilitation.
92-16 (e) The confinement <imprisonment> imposed shall be treated
92-17 as a condition of community supervision <probation>, and in the
92-18 event of a sentence of confinement <imprisonment> upon the
92-19 revocation of community supervision <probation>, the term of
92-20 imprisonment served hereunder shall be credited toward service of
92-21 such subsequent confinement <imprisonment>.
92-22 (f) If a judge <court> grants community supervision
92-23 <probation> to a defendant convicted of an offense under Sections
92-24 49.04-49.08, Penal Code <Article 6701l-1, Revised Statutes, and
92-25 punished under Subsection (c) of that article>, and if before
92-26 receiving community supervision <probation> the defendant has not
92-27 submitted to an evaluation under Section 9 of this article, the
93-1 judge <court> shall require the defendant to submit to the
93-2 evaluation as a condition of community supervision <probation>. If
93-3 the evaluation indicates to the judge <court> that the defendant is
93-4 in need of treatment for drug or alcohol dependency, the judge
93-5 <court> shall require the defendant to submit to that treatment as
93-6 a condition of community supervision <probation> in a program or
93-7 facility approved or licensed by the Texas Commission on Alcohol
93-8 and Drug Abuse or in a program or facility that complies with
93-9 standards established by the community justice assistance division
93-10 of the Texas Department of Criminal Justice, after consultation by
93-11 the division with the commission.
93-12 (g) A jury that recommends community supervision <probation>
93-13 for a person convicted of an offense under Sections 49.04-49.08,
93-14 Penal Code <Article 6701l-1, Revised Statutes, and punished under
93-15 Subsection (c) of that article>, may recommend that any driver's
93-16 license issued to the defendant under Chapter 173, Acts of the 47th
93-17 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
93-18 Civil Statutes), not be suspended only if the defendant was 21
93-19 years of age or older at the time of the commission of the offense.
93-20 (h) If a person convicted of an offense under Sections
93-21 49.04-49.08, Penal Code <Article 6701l-1, Revised Statutes, is
93-22 punished under Subsection (c) of that article and> is placed on
93-23 community supervision <probation>, the judge <court> shall require,
93-24 as a condition of the community supervision <probation>, that the
93-25 defendant attend and successfully complete before the 181st day
93-26 after the day community supervision <probation> is granted an
93-27 educational program jointly approved by the Texas Commission on
94-1 Alcohol and Drug Abuse, the Department of Public Safety, the
94-2 Traffic Safety Section of the Texas <State> Department of <Highways
94-3 and Public> Transportation, and the community justice assistance
94-4 division of the Texas Department of Criminal Justice <Texas Adult
94-5 Probation Commission> designed to rehabilitate persons who have
94-6 driven while intoxicated. The Texas Commission on Alcohol and Drug
94-7 Abuse shall publish the jointly approved rules and shall monitor,
94-8 coordinate, and provide training to persons providing the
94-9 educational programs. The Texas Commission on Alcohol and Drug
94-10 Abuse is responsible for the administration of the certification of
94-11 approved educational programs and may charge a nonrefundable
94-12 application fee for the initial certification of approval and for
94-13 renewal of a certificate. The judge may waive the educational
94-14 program requirement, however, if the defendant by a motion in
94-15 writing shows good cause. In determining good cause, the judge may
94-16 consider but is not limited to: the defendant's <offender's>
94-17 school and work schedule, the defendant's <offender's> health, the
94-18 distance that the defendant <offender> must travel to attend an
94-19 educational program, and the fact that the defendant <offender>
94-20 resides out of state, has no valid driver's license, or does not
94-21 have access to transportation. The judge shall set out the finding
94-22 of good cause in the judgment. If a defendant <person> is
94-23 required, as a condition of community supervision <probation>, to
94-24 attend an educational program, the court clerk shall immediately
94-25 report that fact to the Department of Public Safety, on a form
94-26 prescribed by the department, for inclusion in the person's driving
94-27 record. The report must include the beginning date of the person's
95-1 community supervision <probation>. Upon the successful completion
95-2 of the educational program, the person shall give notice to the
95-3 community supervision and corrections <probation> department. The
95-4 <probation> department shall then forward the notice to the court
95-5 clerk. The court clerk shall then report the date of successful
95-6 completion of the educational program to the Department of Public
95-7 Safety for inclusion in the defendant's <person's> driving record.
95-8 If the department does not receive notice that a defendant <person>
95-9 required to complete an educational program has successfully
95-10 completed the program within the period required by this section,
95-11 as shown on department records, the department shall suspend the
95-12 defendant's <person's> driver's license, permit, or privilege or
95-13 prohibit the person from obtaining a license or permit, as provided
95-14 by Section 24(g)(2), Chapter 173, Acts of the 47th Legislature,
95-15 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
95-16 Statutes). This subsection does not apply to a defendant if a jury
95-17 recommends community supervision <probation> for the defendant and
95-18 also recommends that the defendant's driver's license not be
95-19 suspended.
95-20 (i) If a defendant <person> convicted of an offense under
95-21 Sections 49.04-49.08 <Article 6701l-1, Revised Statutes, or Section
95-22 19.05(a)(2)>, Penal Code, is placed on community supervision
95-23 <probation>, the judge <court> may require as a condition of
95-24 community supervision <probation> that the defendant not operate a
95-25 motor vehicle unless the vehicle is equipped with a device that
95-26 uses a deep-lung breath analysis mechanism to make impractical the
95-27 operation of the motor vehicle if ethyl alcohol is detected in the
96-1 breath of the operator. The judge <court> shall require the
96-2 defendant to obtain the device at his own cost. The Department of
96-3 Public Safety shall approve devices for use under this subsection.
96-4 The provisions of Section 23A(f), Chapter 173, Acts of the 47th
96-5 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
96-6 Civil Statutes), apply to the approval of a device under this
96-7 subsection and the consequences of that approval. Notwithstanding
96-8 the provisions of this section, if a defendant <person> is required
96-9 to operate a motor vehicle in the course and scope of the
96-10 defendant's <person's> employment and if the vehicle is owned by
96-11 the employer, the defendant <person> may operate that vehicle
96-12 without installation of an approved ignition interlock device if
96-13 the employer has been notified of that driving privilege
96-14 restriction and if proof of that notification is with the vehicle.
96-15 This employment exemption does not apply, however, if the business
96-16 entity that owns the vehicle is owned or controlled by the
96-17 defendant <person> whose driving privilege has been restricted.
96-18 (j) The judge shall <court may> require <or permit> a
96-19 defendant <person> who is punished <was previously convicted of an
96-20 offense> under Section 49.09, Penal Code, <Article 6701l-1, Revised
96-21 Statutes, and who was required to attend an educational program
96-22 under Subsection (h) of this section> as a condition of community
96-23 supervision <probation>, to attend and successfully complete,
96-24 before the end of the defendant's period of driver's license
96-25 suspension, an educational program <under Subsection (h) of this
96-26 section with a curriculum> for repeat offenders approved by the
96-27 Texas Commission on Alcohol and Drug Abuse <if the court determines
97-1 that attendance at a program would be in the person's best
97-2 interest>. The Texas Commission on Alcohol and Drug Abuse shall
97-3 adopt rules and shall monitor, coordinate, and provide training to
97-4 persons providing the educational programs. The Texas Commission
97-5 on Alcohol and Drug Abuse is responsible for the administration of
97-6 the certification of approved educational programs. The judge may
97-7 waive the educational program requirement only if the defendant by
97-8 a motion in writing shows good cause. In determining good cause,
97-9 the judge may consider the defendant's school and work schedule,
97-10 the defendant's health, the distance that the defendant must travel
97-11 to attend an educational program, and whether the defendant resides
97-12 out of state or does not have access to transportation. The judge
97-13 shall set out the finding of good cause in the judgment. If a
97-14 defendant is required, as a condition of community supervision, to
97-15 attend an educational program, the court clerk shall immediately
97-16 report that fact to the Department of Public Safety, on a form
97-17 prescribed by the department, for inclusion in the defendant's
97-18 driving record. The report must include the beginning date of the
97-19 defendant's community supervision. On the successful completion of
97-20 the educational program for repeat offenders, the defendant shall
97-21 give notice to the community supervision and corrections
97-22 department. The community supervision and corrections department
97-23 shall then forward the notice to the court clerk. The court clerk
97-24 shall then report the date of successful completion of the
97-25 educational program to the Department of Public Safety for
97-26 inclusion in the defendant's driving record. If the Department of
97-27 Public Safety does not receive notice that a defendant required to
98-1 complete an educational program has successfully completed the
98-2 program for repeat offenders within the period required by this
98-3 section, as shown on department records, the department shall
98-4 continue the suspension of the defendant's driver's license,
98-5 permit, or privilege or prohibit the defendant from obtaining a
98-6 license or permit, as provided by Section 24(g)(2), Chapter 173,
98-7 Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
98-8 Vernon's Texas Civil Statutes).
98-9 (k) Notwithstanding Section 24(g), Chapter 173, Acts of the
98-10 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
98-11 Texas Civil Statutes), if the judge <court>, under Subsection (h)
98-12 or (j) of this section, permits or requires a defendant punished
98-13 under Section 49.09, Penal Code, <person> to attend an educational
98-14 program as a condition of community supervision <probation>, and
98-15 the defendant <person has previously been convicted of an offense
98-16 under Article 6701l-1, Revised Statutes, and> has previously been
98-17 required to attend such a program, the judge <court> nonetheless
98-18 shall automatically suspend the driver's license, permit, or
98-19 operating privilege of that person for a period determined by the
98-20 judge <court> according to the following schedule:
98-21 (1) not less than 90 days or more than 365 days, if
98-22 the defendant <person> is convicted <punished> under Sections
98-23 49.04-49.08 <Subsection (c), Article 6701l-1, Revised Statutes,
98-24 whether or not the punishment is increased under Subsection (f) of
98-25 that article>; or
98-26 (2) not less than 180 days or more than two years, if
98-27 the defendant <person> is punished under Section 49.09 <Subsection
99-1 (d) or (e), Article 6701l-1, Revised Statutes, whether or not the
99-2 punishment is increased under Subsection (f) of that article>.
99-3 (l) If the Department of Public Safety receives notice that
99-4 a defendant <person> has been required or permitted to attend an
99-5 educational program under Subsection (h) of this section, but the
99-6 judge <court> has not ordered a period of suspension, the
99-7 department shall suspend the defendant's <person's> driver's
99-8 license, permit, or operating privilege, or shall issue an order
99-9 prohibiting the defendant <person> from obtaining a license or
99-10 permit for a period of 365 days.
99-11 Sec. 14. SUBSTANCE ABUSE FELONY PROGRAM. (a) If a judge
99-12 requires as a condition of community supervision that an eligible
99-13 defendant serve a term of confinement and treatment in a substance
99-14 abuse treatment facility operated by the community justice
99-15 assistance division of the Texas Department of Criminal Justice,
99-16 the term must be an indeterminate term of not more than one year or
99-17 less than six months.
99-18 (b) A defendant is an eligible defendant for the purposes of
99-19 this section if:
99-20 (1) the judge makes an affirmative finding that drug
99-21 or alcohol abuse significantly contributed to the commission of the
99-22 offense; and
99-23 (2) the judge determines that the defendant meets the
99-24 eligibility criteria adopted by the Texas Board of Criminal Justice
99-25 under Section 493.009(b), Government Code. <CHILD ABUSERS AND SEX
99-26 OFFENDERS; SPECIAL CONDITIONS. (a) If the court grants probation
99-27 to a person convicted of an offense described by Article 17.41(a)
100-1 of this code, the court may require as a condition of probation
100-2 that the defendant not directly communicate with the victim of the
100-3 offense or go near a residence, school, or other location, as
100-4 specifically described in the copy of terms and conditions,
100-5 frequented by the victim. In imposing the condition, the court may
100-6 grant the defendant supervised access to the victim. To the extent
100-7 that a condition imposed under this subsection conflicts with an
100-8 existing court order granting possession of or access to a child,
100-9 the condition imposed under this subsection prevails for a period
100-10 specified by the court granting probation, not to exceed 90 days.>
100-11 <(b) If the court grants probation to a person convicted of
100-12 an offense under Section 21.11, 22.011, 22.021, or 22.04, Penal
100-13 Code, the court may require the probationer to attend psychological
100-14 counseling sessions at the direction of the probation officer and
100-15 may require the probationer to pay all or a part of the reasonable
100-16 and necessary costs incurred by the victim for psychological
100-17 counseling made necessary by the offense, upon a finding that the
100-18 probationer is financially able to make payment. Any payments
100-19 ordered under this subsection may not extend past one year from the
100-20 date of the order.>
100-21 Sec. 15. COMMUNITY SUPERVISION FOLLOWING RELEASE FROM
100-22 INSTITUTIONAL DIVISION. (a) If a defendant imprisoned in the
100-23 institutional division of the Texas Department of Criminal Justice
100-24 is released before the date the sentence is discharged, the
100-25 jurisdiction of the judge who sentenced the defendant is reinstated
100-26 and continues from the date of release to the discharge date. The
100-27 judge and the community supervision and corrections department
101-1 serving the court shall supervise the defendant during the period
101-2 from the date of release to the discharge date. The judge's
101-3 jurisdiction is limited to the authority given a judge over
101-4 defendants under this section and Sections 10-12, 16-19, 21, and 22
101-5 of this article. A court may not extend a supervision period
101-6 beyond a defendant's discharge date and may not require the
101-7 defendant to submit to any condition of community supervision after
101-8 the discharge date.
101-9 (b) After a hearing under Section 21 of this article, the
101-10 judge may revoke community supervision and return the defendant to
101-11 the physical custody of the institutional division of the Texas
101-12 Department of Criminal Justice if:
101-13 (1) the defendant was sentenced to the institutional
101-14 division for murder or a first degree felony and the judge
101-15 determines by a preponderance of the evidence that the defendant
101-16 violated a condition of community supervision; or
101-17 (2) the defendant was sentenced to the institutional
101-18 division for a second, third, or fourth degree felony and the
101-19 defendant violated a condition of community supervision by
101-20 committing a subsequent felony or by absconding.
101-21 (c) After a hearing under Section 21 of this article, the
101-22 judge may impose any other reasonable condition of community
101-23 supervision on the defendant, including placement of the defendant
101-24 for a term not to exceed 180 days in a regional work facility
101-25 described by Section 9, Article 42.13, of this code, if:
101-26 (1) the court finds by a preponderance of the evidence
101-27 that the defendant committed a violation of a condition of
102-1 community supervision other than a violation described by
102-2 Subsection (b)(2) of this section; or
102-3 (2) the court makes a determination not to revoke
102-4 community supervision and return the defendant to the physical
102-5 custody of the institutional division. <RESTITUTION. (a) If a
102-6 payment is received under Section 6(a)(8) or (a)(14) of this
102-7 article from a probationer for transmittal to a victim of an
102-8 offense, the probation department that receives the payment for
102-9 disbursement to the victim shall deposit the payment in an
102-10 interest-bearing account in the department having original
102-11 jurisdiction. The department shall transmit the payment to the
102-12 victim as soon as practicable.>
102-13 <(a) If the court requires a probationer to make restitution
102-14 to a victim of the probationer's offense, and a payment is received
102-15 under this article from the probationer for transmittal to a victim
102-16 of the offense, the probation department that receives the payment
102-17 for disbursement to the victim shall immediately deposit the
102-18 payment in an interest-bearing account in the department having
102-19 original jurisdiction. The department shall transmit the payment
102-20 to the victim as soon as practicable.>
102-21 <(b) If a victim cannot be located, immediately after
102-22 receiving a final payment in satisfaction of an order of
102-23 restitution for the victim, the probation department shall notify
102-24 the victim of that fact by certified mail, mailed to the last known
102-25 address of the victim. If after receiving notice, a victim makes a
102-26 claim for payment, the probation department promptly shall remit
102-27 the payment to the victim. Not earlier than the fifth anniversary
103-1 of the date on which a probation department mails notice under this
103-2 subsection, if the victim has not made a claim for payment, the
103-3 probation department shall transfer the payment from the
103-4 interest-bearing account to the comptroller of public accounts,
103-5 after deducting five percent of the payment as a collection fee and
103-6 deducting any interest accrued on the payment. The comptroller
103-7 shall deposit the payment in the state treasury to the credit of
103-8 the compensation to victims of crime auxiliary fund.>
103-9 <(b) If a victim cannot be located, immediately after
103-10 receiving a final payment in satisfaction of an order of
103-11 restitution for the victim the probation department shall attempt
103-12 to notify the victim of that fact by certified mail, mailed to the
103-13 last known address of the victim. If a victim then makes a claim
103-14 for payment, the probation department promptly shall remit the
103-15 payment to the victim. Not earlier than the fifth anniversary of
103-16 the date on which a probation department mails notice under this
103-17 subsection, if the victim has not made a claim for payment, the
103-18 probation department shall transfer the payment from the
103-19 interest-bearing account to the comptroller of public accounts,
103-20 after deducting five percent of the payment as a collection fee and
103-21 deducting any interest accrued on the payment. The comptroller
103-22 shall deposit the payment in the state treasury to the credit of
103-23 the compensation to victims of crime auxiliary fund.>
103-24 <(c) The collection fee under Subsection (b) of this section
103-25 and the accrued interest under Subsections (a) and (b) of this
103-26 Section shall be deposited in the special fund of the county
103-27 treasury provided by Section 11, Article 42.13, of this code to be
104-1 used for the same purposes for which state aid may be used under
104-2 that section. The probation department has a maximum of 121 days
104-3 after the four-year expiration date to transfer the funds to the
104-4 comptroller's office. Failure to comply with the 121-day deadline
104-5 will result in a five percent collection fee penalty calculated
104-6 from the total deposit and all interest attributable to the
104-7 unclaimed funds.>
104-8 <(d) If the victim of the offense claims the payment during
104-9 the four-year period in which the payment is held in the
104-10 interest-bearing account, the probation department shall pay the
104-11 victim the amount of the original payment, less any interest earned
104-12 while holding the payment. After the payment has been transferred
104-13 to the comptroller, the probation department has no liability in
104-14 regard to the payment, and any claim for the payment must be made
104-15 to the comptroller. If the victim makes a claim to the
104-16 comptroller, the comptroller shall pay the victim the amount of the
104-17 original payment, less the collection fee, from the compensation to
104-18 victims of crime auxiliary fund.>
104-19 <Sec. 16. WORK PROBATION. (a) A court granting probation
104-20 to a defendant convicted of a felony may require as a condition of
104-21 probation that the defendant work a specified number of hours under
104-22 Section 17 of this article or work a specified number of hours in a
104-23 supervision work program authorized under this section, unless the
104-24 court determines that the defendant is physically or mentally
104-25 incapable of participating in the work program or that
104-26 participating in the work program will work a hardship on the
104-27 defendant or the defendant's dependents, in which event the court
105-1 shall note that fact on the order granting probation. The amount
105-2 of work hours may not be less than 24 hours and may not be more
105-3 than 1,000 hours. The court may not require the defendant to work
105-4 more than eight hours during any week. The court shall make a
105-5 good-faith effort to place the defendant in a type of work for
105-6 which the defendant's previous job experience makes the defendant
105-7 most suited.>
105-8 <(b) The director of a probation department may contract
105-9 with state agencies or political subdivisions of the state, using
105-10 defendants required to participate in a work program under this
105-11 section, to perform tasks contracted for by the agency or
105-12 subdivision. Proceeds from a contract entered into under this
105-13 subsection shall be used by the probation department to offset
105-14 expenses incurred by the department in supervising probationers
105-15 participating in the work program. Any proceeds in excess of the
105-16 amount needed to offset the expenses, including the purchase of
105-17 liability insurance and workers' compensation coverage for
105-18 probationers performing community service work, shall be remitted
105-19 by the director of the probation department to the Texas Adult
105-20 Probation Commission. Proceeds received by the commission under
105-21 this subsection shall be used to offset expenses incurred by the
105-22 commission in assisting probation departments to establish and
105-23 administer programs under this section. Any proceeds in excess of
105-24 the amount needed to offset the expenses shall be remitted by the
105-25 commission to the comptroller of public accounts, to be deposited
105-26 in the general revenue fund.>
105-27 <(c) A director of an adult probation department may
106-1 contract for work probation programs with nonprofit organizations
106-2 that serve the public good by providing assistance to the poor,
106-3 assisting the elderly, or performing other projects that benefit
106-4 the community. Under the contract, defendants required under this
106-5 section to participate in a work program as a condition of
106-6 probation shall perform tasks assigned by the nonprofit
106-7 organization. The nonprofit organization in turn must enter into
106-8 contracts with state agencies, political subdivisions, or other
106-9 nonprofit organizations under which the nonprofit organization
106-10 furnishes supervised persons to participate in work projects for
106-11 the public good.>
106-12 <(d) A director of an adult probation department, an
106-13 employee of a department, an officer of a state agency or political
106-14 subdivision, an organization acting in furtherance of a court's
106-15 work program order, a director of the organization, or an
106-16 authorized volunteer working for or utilized by the organization is
106-17 not liable for damages arising from an act or failure to act by the
106-18 director, officer, employee, or volunteer in connection with a work
106-19 program described by this section if the act or failure to act:>
106-20 <(1) was performed in an official capacity or in
106-21 furtherance of a court's work program order; and>
106-22 <(2) was not intentional, wilfully or wantonly
106-23 negligent, or performed with conscious indifference or reckless
106-24 disregard for the safety of others.>
106-25 <(e) Chapter 101, Civil Practice and Remedies Code, does not
106-26 apply to a claim based on an act or a failure to act of an adult
106-27 probation department, a director, officer, or employee of a
107-1 department, a state agency or political subdivision, an officer or
107-2 employee of a state agency or political subdivision, an
107-3 organization acting in furtherance of a court's work program order,
107-4 a director of the organization, or an authorized volunteer working
107-5 for or utilized by the organization if the act or failure to act is
107-6 in connection with a work program.>
107-7 <(f) This section may not be used by a court in a manner
107-8 that results in a loss of jobs by employees of the state or any
107-9 political subdivision of the state.>
107-10 <(g) State agencies and political subdivisions of the state
107-11 entering into contracts under this section may require liability
107-12 and workers' compensation coverage to the maximum of their
107-13 liability limits as a condition for entry into the contract and may
107-14 also require that the contracting unit of government and its agents
107-15 and employees be coinsured under the policies.>
107-16 <(h) Notwithstanding the provisions of Subsection (a) of
107-17 this section, a court may order a defendant who is not employed to
107-18 perform up to 32 hours of work probation under this section and may
107-19 direct the defendant to use the remaining hours of the week to seek
107-20 employment.>
107-21 Sec. 16 <17>. COMMUNITY SERVICE. <(a)> If a judge requires
107-22 <the court places a defendant on probation, the court may require,>
107-23 as a condition of community supervision <the probation,> that the
107-24 defendant work a specified number of hours at a community service
107-25 project or projects for an organization or organizations approved
107-26 by the judge and designated by the department <named in the court's
107-27 order>, the <and may also require that the defendant submit to
108-1 testing for controlled substances>.
108-2 <(b) The> amount of community service work ordered by the
108-3 judge <court>:
108-4 (1) may not exceed 1,000 hours and may not be less
108-5 than 320 hours for an offense classified as murder or a first
108-6 degree felony;
108-7 (2) may not exceed 800 hours and may not be less than
108-8 240 hours for an offense classified as a second degree felony;
108-9 (3) may not exceed 600 hours and may not be less than
108-10 160 hours for an offense classified as a third degree felony or a
108-11 fourth degree felony;
108-12 (4) may not exceed 200 hours and may not be less than
108-13 80 hours for an offense classified as a Class A misdemeanor or for
108-14 any other misdemeanor for which the maximum permissible
108-15 imprisonment, if any, exceeds six months or the maximum permissible
108-16 fine, if any, exceeds $1,000; and
108-17 (5) may not exceed 100 hours and may not be less than
108-18 24 hours for an offense classified as a Class B misdemeanor or for
108-19 any other misdemeanor for which the maximum permissible
108-20 imprisonment, if any, does not exceed six months and the maximum
108-21 permissible fine, if any, does not exceed $1,000.
108-22 <(c) A director of a community supervision and corrections
108-23 department, an employee of a department, or an officer of a state
108-24 agency or political subdivision is not liable for damages arising
108-25 from an act or failure to act by the director, employee, or officer
108-26 in connection with a community restitution service program
108-27 described by this section if the act or failure to act:>
109-1 <(1) was performed in an official capacity; and>
109-2 <(2) was not intentional, wilfully or wantonly
109-3 negligent, or performed with conscious indifference or reckless
109-4 disregard for the safety of others.>
109-5 <(d) Chapter 101, Civil Practice and Remedies Code, does not
109-6 apply to a claim based on an act or a failure to act of a community
109-7 supervision and corrections department, a director, officer, or
109-8 employee of a department, a state agency or political subdivision,
109-9 or an officer or employee of a state agency or political
109-10 subdivision if the act or failure to act is in connection with a
109-11 community service program.>
109-12 <(e) A sheriff, employee of a sheriff's department, county
109-13 commissioner, county employee, county judge, employee of a
109-14 community corrections and supervision department, restitution
109-15 center, or officer or employee of a political subdivision other
109-16 than a county is not liable for damages arising from an act or
109-17 failure to act in connection with community service performed by an
109-18 inmate pursuant to this article if the act or failure to act:>
109-19 <(1) was performed pursuant to court order; and>
109-20 <(2) was not intentional, wilfully or wantonly
109-21 negligent, or performed with conscious indifference or reckless
109-22 disregard for the safety of others.>
109-23 Sec. 17. CHANGE OF RESIDENCE; LEAVING THE STATE. (a) If,
109-24 for good and sufficient reasons, a defendant desires to change his
109-25 residence within the state, the change may be effected by
109-26 application to the supervising supervision officer, which change
109-27 shall be subject to the judge's consent and subject to such
110-1 regulations as the judge may require in the absence of an officer
110-2 in the locality to which the defendant is transferred.
110-3 (b) Any defendant who removes himself from the state without
110-4 permission of the judge having jurisdiction of the case shall be
110-5 considered a fugitive from justice and shall be subject to
110-6 extradition as provided by law. <18. RESTITUTION CENTERS. (a)
110-7 If a judge places a defendant on probation under any provision of
110-8 this article as an alternative to imprisonment, the judge may
110-9 require as a condition of probation that the defendant serve a term
110-10 of not less than three months or more than 12 months in a
110-11 restitution center if:>
110-12 <(1) the district is served by a restitution center or
110-13 contracts with a department that agrees to provide spaces in its
110-14 restitution center;>
110-15 <(2) the defendant is not sentenced for a felony
110-16 offense under Title 5, Penal Code; and>
110-17 <(3) the trier of facts determines that the defendant
110-18 did not cause the serious bodily injury or death of another as a
110-19 result of the commission of the offense or use a deadly weapon
110-20 during the commission of or flight from the offense>.
110-21 <(b) If a jury recommends that an eligible defendant serve
110-22 an alternate term in a restitution center, the judge shall follow
110-23 the jury's recommendation.>
110-24 <(c) A probationer granted probation under this section may
110-25 not earn good conduct credit for time spent in a restitution center
110-26 or apply time spent in the center toward completion of a prison
110-27 sentence if the probation is revoked.>
111-1 <(d) As directed by the judge but at least once during every
111-2 three months after the date that a probationer is in a restitution
111-3 center, the restitution center director shall file with the chief
111-4 adult probation officer or the probation department director a copy
111-5 of an evaluation made by the director of the probationer's behavior
111-6 and attitude at the center. The officer or director shall examine
111-7 the evaluation, make written comments on the evaluation that he
111-8 considers relevant, and file the evaluation and comments with the
111-9 judge who granted probation to the probationer. If the evaluation
111-10 indicates that the probationer has made significant progress toward
111-11 compliance with court-ordered conditions of probation and payment
111-12 of restitution, the court may release the probationer from the
111-13 restitution center. The probationer shall serve the remainder of
111-14 his probation under any terms and conditions the court imposes
111-15 under this article.>
111-16 <(e) No later than nine months after the date on which a
111-17 defendant is granted probation under this section, the restitution
111-18 center director shall file with the chief adult probation officer
111-19 or the probation department director a copy of an evaluation made
111-20 by the director of the probationer's behavior and attitude at the
111-21 center. The officer or director shall examine the evaluation, make
111-22 written comments on the evaluation that he considers relevant, and
111-23 file the evaluation and comments with the judge who granted
111-24 probation to the defendant. If the report indicates that the
111-25 probationer has made significant progress toward court-ordered
111-26 conditions of probation and payment of restitution, the court may
111-27 modify its sentence and release the probationer in the same manner
112-1 as provided by Subsection (d) of this section. If the report
112-2 indicates that the probationer would benefit from continued
112-3 participation in the restitution center program, the court may
112-4 order the probationer to remain at the restitution center for a
112-5 period determined by the court. If the report indicates that the
112-6 probationer has not made significant progress toward
112-7 rehabilitation, the court may revoke probation and order the
112-8 prisoner to the term of imprisonment specified in the probationer's
112-9 sentence.>
112-10 <(f) If ordered by the judge who placed the defendant on
112-11 probation, a restitution center director shall attempt to secure
112-12 employment for the probationer. The director shall also attempt to
112-13 place a probationer as a worker in a community-service project of a
112-14 type described by Section 17 of this article, either during
112-15 off-work hours if the probationer is employed or during any time if
112-16 the probationer is unable to find employment, if so ordered by the
112-17 judge that placed the defendant on probation.>
112-18 <(g) The employer of a probationer participating in a
112-19 program under this section shall deliver the probationer's salary
112-20 to the restitution center director. The director shall deposit the
112-21 salary into a fund to be given to the probationer on his release
112-22 after deducting:>
112-23 <(1) the cost to the center for the probationer's
112-24 food, housing, and supervision;>
112-25 <(2) necessary travel expense to and from work and
112-26 community-service projects and other incidental expenses of the
112-27 probationer;>
113-1 <(3) support of the probationer's dependents; and>
113-2 <(4) restitution to the victims of an offense
113-3 committed by the probationer.>
113-4 <(h) If a restitution center director is unable to find
113-5 employment for a probationer, the director may transfer the
113-6 probationer to the supervision of the director of another
113-7 restitution center who agrees to accept the probationer as a
113-8 participant in the center's program.>
113-9 <(i) A restitution center director may grant a short-term
113-10 furlough to a probationer and may grant an emergency furlough to a
113-11 probationer for the documented purposes of obtaining medical
113-12 treatment or diagnosis or attending funerals or visiting critically
113-13 ill relatives.>
113-14 <(j) A probationer participating in a program under this
113-15 article shall be confined in the restitution center at all times
113-16 except for:>
113-17 <(1) time spent at work and traveling to and from
113-18 work;>
113-19 <(2) time spent attending and traveling to and from an
113-20 education or rehabilitation program approved by the restitution
113-21 center director or the court;>
113-22 <(3) time spent attending and traveling to and from a
113-23 community-service project; and>
113-24 <(4) time spent on short-term or emergency furlough.>
113-25 Sec. 18 <19>. COMMUNITY CORRECTIONS FACILITIES <OTHER THAN
113-26 RESTITUTION CENTERS>. (a) In this section, "community corrections
113-27 facility" means a facility described by Subsection (b)(2) <listed
114-1 in Subdivision (1)> of Section 1 <5>, Article 42.13, of this code<,
114-2 other than a restitution center>.
114-3 (b) If a judge requires <places a defendant on probation
114-4 under any provision of this article as an alternative to
114-5 imprisonment, the judge may require> as a condition of community
114-6 supervision <probation> that the defendant serve a term <of not
114-7 less than one month or more than 24 months> in a community
114-8 corrections facility, the term may not be less than one month or
114-9 more than 24 months <designated by the judge if:>
114-10 <(1) the district is served by such a community
114-11 corrections facility or contracts with a department that agrees to
114-12 provide spaces in its community corrections facility of that type;
114-13 and>
114-14 <(2) the trier of facts determines that the defendant
114-15 did not cause the serious bodily injury or death of another as a
114-16 result of the commission of the offense or use a deadly weapon
114-17 during the commission of or flight from the offense>.
114-18 (c) <If a jury recommends that an eligible defendant serve
114-19 an alternate term in a community corrections facility, the judge
114-20 shall follow the jury's recommendation.>
114-21 <(d)> A defendant <probationer> granted community
114-22 supervision <probation> under this section may not earn good
114-23 conduct credit for time spent in a community corrections facility
114-24 or apply time spent in the facility toward completion of a prison
114-25 sentence if the community supervision <probation> is revoked.
114-26 (d) <(e)> As directed by the judge, the corrections facility
114-27 director shall file with the community supervision and corrections
115-1 <chief adult probation officer or the probation> department
115-2 director a copy of an evaluation made by the director of the
115-3 defendant's <probationer's> behavior and attitude at the facility.
115-4 The <officer or> director shall examine the evaluation, make
115-5 written comments on the evaluation that he considers relevant, and
115-6 file the evaluation and comments with the judge who granted
115-7 community supervision <probation> to the defendant <probationer>.
115-8 If the evaluation indicates that the defendant <probationer> has
115-9 made significant progress toward compliance with court-ordered
115-10 conditions of community supervision <probation>, the court may
115-11 release the defendant <probationer> from the community corrections
115-12 facility. The defendant <probationer> shall serve the remainder of
115-13 his community supervision <probation> under any terms and
115-14 conditions the court imposes under this article.
115-15 (e) <(f)> No later than 18 months after the date on which a
115-16 defendant is granted community supervision <probation> under this
115-17 section, the community corrections facility director shall file
115-18 with the community supervision and corrections <chief adult
115-19 probation officer or the probation> department director a copy of
115-20 an evaluation made by the director of the defendant's
115-21 <probationer's> behavior and attitude at the center. The <officer
115-22 or> director shall examine the evaluation, make written comments on
115-23 the evaluation that he considers relevant, and file the evaluation
115-24 and comments with the judge who granted community supervision
115-25 <probation> to the defendant. If the report indicates that the
115-26 defendant <probationer> has made significant progress toward
115-27 court-ordered conditions of community supervision <probation>, the
116-1 court shall modify its sentence and release the defendant
116-2 <probationer> in the same manner as provided by Subsection (e) of
116-3 this section. If the report indicates that the defendant
116-4 <probationer> would benefit from continued participation in the
116-5 community corrections facility program, the court may order the
116-6 defendant <probationer> to remain at the community corrections
116-7 facility for a period determined by the court. If the report
116-8 indicates that the defendant <probationer> has not made significant
116-9 progress toward rehabilitation, the court may revoke community
116-10 supervision <probation> and order the defendant <prisoner> to the
116-11 term of confinement <imprisonment> specified in the defendant's
116-12 <probationer's> sentence.
116-13 (f) <(g)> If ordered by the judge who placed the defendant
116-14 on community supervision <probation>, a community corrections
116-15 facility director shall attempt to place a defendant <probationer>
116-16 as a worker in a community-service project of a type described by
116-17 Section 16 <17> of this article.
116-18 (g) <(h) A community corrections facility director has the
116-19 same authority as a restitution center director has under Section
116-20 18(i) of this article.>
116-21 <(i)> A defendant <probationer> participating in a program
116-22 under this article shall be confined in the community corrections
116-23 facility at all times except for:
116-24 (1) time spent attending and traveling to and from an
116-25 education or rehabilitation program as ordered by the court;
116-26 (2) time spent attending and traveling to and from a
116-27 community-service project; <and>
117-1 (3) time spent away from the facility for purposes
117-2 described by <Section 18(i) of> this section; and
117-3 (4) time spent traveling to and from work, if
117-4 applicable <article>.
117-5 (h) A court that requires as a condition of community
117-6 supervision that the defendant serve a term in a community
117-7 corrections facility may not impose a subsequent term in a
117-8 community corrections facility during the same supervision period
117-9 that, when added to the terms previously imposed, exceeds 24
117-10 months.
117-11 (i) The employer of a defendant participating in a program
117-12 under this section shall deliver the defendant's salary to the
117-13 restitution center director. The director shall deposit the salary
117-14 into a fund to be given to the defendant on his release after
117-15 deducting:
117-16 (1) the cost to the center for the defendant's food,
117-17 housing, and supervision;
117-18 (2) necessary travel expense to and from work and
117-19 community-service projects and other incidental expenses of the
117-20 defendant;
117-21 (3) support of the defendant's dependents; and
117-22 (4) restitution to the victims of an offense committed
117-23 by the defendant.
117-24 <Sec. 20. INTENSIVE OR MAXIMUM PROBATION. If a judge
117-25 determines that a defendant whom the judge would otherwise sentence
117-26 to the institutional division of the Texas Department of Criminal
117-27 Justice would benefit from intensive or maximum probation, the
118-1 judge shall suspend imposition of the sentence and place the
118-2 defendant on intensive or maximum probation.>
118-3 <Sec. 21. ELECTRONIC MONITORING. (a) If a judge sentences
118-4 a defendant to a term of confinement in the county jail or
118-5 imprisonment in the institutional division of the Texas Department
118-6 of Criminal Justice, the defendant is eligible for probation, and
118-7 the district is served by a district probation office that has an
118-8 electronic monitoring program approved by the community justice
118-9 assistance division of the Texas Department of Criminal Justice,
118-10 the judge may suspend imposition of the sentence of imprisonment or
118-11 confinement and require as a condition of probation that the
118-12 defendant submit to electronic monitoring. The judge may also
118-13 require the defendant to submit to testing for controlled
118-14 substances.>
118-15 <(b) The court may, on a determination that the probationer
118-16 has made significant progress toward compliance with court-ordered
118-17 conditions of probation, release the probationer from the
118-18 electronic monitoring program. The probationer shall serve the
118-19 remainder of his probation under any terms and conditions the court
118-20 imposes under this article.>
118-21 <(b) If at any time after a probationer is placed on
118-22 probation under this section the court determines the probationer
118-23 has violated a condition of probation under this section or any
118-24 other section of this article, the court may revoke probation and
118-25 order the probationer to the term of imprisonment or confinement
118-26 specified in the probationer's sentence.>
118-27 <(d) A probationer serving on electronic monitoring as a
119-1 court-ordered condition of probation commits an offense if he
119-2 intentionally or recklessly damages or destroys any of the
119-3 electronic monitoring devices. An offense under this subsection is
119-4 a Class B misdemeanor.>
119-5 Sec. 19 <22>. FEES. (a) Except as otherwise provided by
119-6 this subsection, a judge <court> granting community supervision
119-7 <probation> shall fix a fee of not less than $25 and not more than
119-8 $40 per month to be paid to the court by the defendant
119-9 <probationer> during the community supervision <probationary>
119-10 period. The judge <court> may make payment of the fee a condition
119-11 of granting or continuing the community supervision <probation>.
119-12 The judge <court> may waive or reduce the fee or suspend a monthly
119-13 payment of the fee if the judge <it> determines that payment of the
119-14 fee would cause the defendant <probationer> a significant financial
119-15 hardship.
119-16 (b) The judge <court> shall deposit the fees received under
119-17 Subsection (a) of this section in the special fund of the county
119-18 treasury, to be used for the same purposes for which state aid may
119-19 be used under Article 42.131 of this code.
119-20 (c) A judge <court> receiving a defendant <probationer> for
119-21 supervision as authorized by Article 42.11 of this code may impose
119-22 on the defendant <probationer> any term of community supervision
119-23 <probation> authorized by this article and may require the
119-24 defendant <probationer> to pay the fee authorized by Subsection (a)
119-25 of this section. Fees received under this section shall be
119-26 deposited in the same manner as required by Subsection (b) of this
119-27 section.
120-1 (d) For the purpose of determining when fees due on
120-2 conviction are to be paid to any officer or officers, the placing
120-3 of the defendant on community supervision <probation> shall be
120-4 considered a final disposition of the case, without the necessity
120-5 of waiting for the termination of the period of community
120-6 supervision <probation or suspension of sentence>.
120-7 Sec. 20 <23>. REDUCTION OR TERMINATION OF COMMUNITY
120-8 SUPERVISION <PROBATION>. (a) At any time, after the defendant has
120-9 satisfactorily completed 50 percent <one-third> of the original
120-10 community supervision <probationary> period or two years of
120-11 community supervision <probation>, whichever is less <the lesser>,
120-12 the period of community supervision <probation> may be reduced or
120-13 terminated by the judge <court>. Upon the satisfactory fulfillment
120-14 of the conditions of community supervision <probation>, and the
120-15 expiration of the period of community supervision <probation>, the
120-16 judge <court>, by order duly entered, shall amend or modify the
120-17 original sentence imposed, if necessary, to conform to the
120-18 community supervision <probation> period and shall discharge the
120-19 defendant. If <In case the defendant has been convicted or has
120-20 entered a plea of guilty or a plea of nolo contendere to an offense
120-21 other than an offense under Subdivision (2), Subsection (a),
120-22 Section 19.05, Penal Code, or an offense under Article 6701l-1,
120-23 Revised Statutes, and> the judge <court> discharges the <has
120-24 discharged the> defendant under this section, the judge <hereunder,
120-25 such court> may set aside the verdict or permit the defendant to
120-26 withdraw his plea, and shall dismiss the accusation, complaint,
120-27 information or indictment against the <such> defendant, who shall
121-1 thereafter be released from all penalties and disabilities
121-2 resulting from the offense or crime of which he has been convicted
121-3 or to which he has pleaded guilty, except that:
121-4 (1) proof of the <his said> conviction or plea of
121-5 guilty shall be made known to the judge <court> should the
121-6 defendant again be convicted of any criminal offense; and
121-7 (2) if the defendant is an applicant for a license or
121-8 is a licensee under Chapter 42, Human Resources Code, the Texas
121-9 Department of Human Services may consider the fact that the
121-10 defendant previously has received community supervision <probation>
121-11 under this article <section> in issuing, renewing, denying, or
121-12 revoking a license under that chapter.
121-13 (b) This section does not apply to a defendant:
121-14 (1) serving a sentence of community supervision on
121-15 conviction of a fourth degree felony;
121-16 (2) serving a period of post-imprisonment supervision;
121-17 or
121-18 (3) convicted of an offense under Sections
121-19 49.04-49.08, Penal Code.
121-20 Sec. 21 <24>. VIOLATION OF COMMUNITY SUPERVISION
121-21 <PROBATION>: DETENTION AND HEARING. (a) At any time during the
121-22 period of community supervision <probation> the judge <court> may
121-23 issue a warrant for violation of any of the conditions of the
121-24 community supervision <probation> and cause a defendant convicted
121-25 under Section 43.02, Penal Code, or under Chapter 481, Health and
121-26 Safety Code, or Sections 485.031 through 485.035, Health and Safety
121-27 Code, or placed on deferred adjudication after being charged with
122-1 one of those offenses, to be subject to the control measures of
122-2 Section 81.083, Health and Safety Code, and to the
122-3 court-ordered-management provisions of Subchapter G, Chapter 81,
122-4 Health and Safety Code.
122-5 (b) At any time during the period of community supervision
122-6 <probation> the judge <court> may issue a warrant for violation of
122-7 any of the conditions of the community supervision <probation> and
122-8 cause the defendant to be arrested. Any supervision <probation>
122-9 officer, police officer or other officer with power of arrest may
122-10 arrest such defendant with or without a warrant upon the order of
122-11 the judge <of such court> to be noted on the docket of the court.
122-12 A defendant <probationer> so arrested may be detained in the county
122-13 jail or other appropriate place of confinement <detention> until he
122-14 can be taken before the judge <court>. Such officer shall
122-15 forthwith report such arrest and detention to such judge <court>.
122-16 If the defendant has not been released on bail, on motion by the
122-17 defendant the judge <court> shall cause the defendant to be brought
122-18 before the judge <it> for a hearing within 20 days of filing of
122-19 said motion, and after a hearing without a jury, may either
122-20 continue, extend, modify, or revoke the community supervision
122-21 <probation>. A judge <court> may revoke the community supervision
122-22 <probation> of a defendant who is imprisoned <confined> in a penal
122-23 <or correctional> institution without a hearing if the defendant in
122-24 writing before a court of record in the jurisdiction where
122-25 imprisoned <confined> waives his right to a hearing and to counsel,
122-26 affirms that he has nothing to say as to why sentence should not be
122-27 pronounced against him, and requests the judge <court> to revoke
123-1 community supervision <probation> and to pronounce sentence. In a
123-2 felony case, the state may amend the motion to revoke community
123-3 supervision <probation> any time up to seven days before the date
123-4 of the revocation hearing, after which time the motion may not be
123-5 amended except for good cause shown, and in no event may the state
123-6 amend the motion after the commencement of taking evidence at the
123-7 hearing. The judge <court> may continue the hearing for good cause
123-8 shown by either the defendant or the state.
123-9 (c) <(b)> In a community supervision <probation> revocation
123-10 hearing at which it is alleged only that the defendant
123-11 <probationer> violated the conditions of community supervision
123-12 <probation> by failing to pay compensation paid to appointed
123-13 counsel, community supervision <probation> fees, court costs,
123-14 restitution, or reparations, the inability of the defendant
123-15 <probationer> to pay as ordered by the judge <court> is an
123-16 affirmative defense to revocation, which the defendant
123-17 <probationer> must prove by a preponderance of evidence.
123-18 (d) <(c)> A defendant has a right to counsel at a hearing
123-19 under this section.
123-20 (e) This section applies to a defendant sentenced to
123-21 community supervision on conviction of an offense punishable as a
123-22 fourth degree felony. After a hearing under this section, the
123-23 judge may place the defendant in a regional work facility described
123-24 by Section 9, Article 42.13, of this code for a term not to exceed
123-25 180 days, if the court finds by a preponderance of the evidence
123-26 that the defendant violated a condition of community supervision.
123-27 A court may impose confinement in a regional work facility under
124-1 this section for terms not to exceed 180 days on subsequent
124-2 violations of a condition of community supervision, but the initial
124-3 180-day term of confinement does not apply to completion of a
124-4 sentence of community supervision.
124-5 Sec. 22 <25>. CONTINUATION OR MODIFICATION. (a) If after a
124-6 hearing under Section 21 <24> of this article a judge <court>
124-7 continues or modifies community supervision <a felony probation>
124-8 after determining that the defendant <probationer> violated a
124-9 condition of community supervision <probation>, the judge <court>
124-10 may impose any other conditions it determines are appropriate,
124-11 including <one or more of the following sanctions on the
124-12 probationer>:
124-13 (1) a requirement that the defendant <probationer>
124-14 perform <work probation or> community service for a number of hours
124-15 specified by the court under Section 16 <or 17> of this article, or
124-16 an increase in the number of hours that the defendant <probationer>
124-17 has previously been required to perform under those sections in an
124-18 amount not to exceed double the number of hours permitted by
124-19 Section 16;
124-20 (2) an increase in the period of community supervision
124-21 <probation>, in the manner described by Subsection (b) of this
124-22 section;
124-23 (3) an increase in the defendant's <probationer's>
124-24 fine, in the manner described by Subsection (d) <(c)> of this
124-25 section; and
124-26 (4) in a felony case, the placement of the defendant
124-27 in a regional work facility described by Section 9, Article 42.13,
125-1 of this code for a period not to exceed 180 days <probationer in an
125-2 intensive or maximum probation program, in the same manner and
125-3 under the same conditions as if the court had originally placed the
125-4 probationer in that program;>
125-5 <(5) the placement of the probationer in an electronic
125-6 monitoring program under Section 21 of this article;>
125-7 <(6) confinement in the county jail for a period not
125-8 to exceed 30 days, to be served consecutively, or at the discretion
125-9 of the court, in the manner provided by Article 42.033 or 42.034 of
125-10 this code;>
125-11 <(7) placement in a community corrections facility, in
125-12 the same manner and under the same conditions as if the court had
125-13 originally placed the probationer in that program, if the
125-14 probationer would have been eligible for sentencing to the center
125-15 on conviction of the offense for which the probationer received
125-16 probation;>
125-17 <(8) confinement in the county jail for a period not
125-18 to exceed 90 days, to be served consecutively; or>
125-19 <(9) confinement in a facility operated by the
125-20 institutional division of the Texas Department of Criminal Justice
125-21 for a period of either 60 or 90 days, as specified by the court, if
125-22 the court enters in the order modifying probation a statement that
125-23 the court has previously imposed three or more sanctions on the
125-24 defendant under this section>.
125-25 (b) The judge may extend a period of community supervision
125-26 under this section as often as the judge determines is necessary,
125-27 but in no case may the period of community supervision in a first,
126-1 second, or third degree felony case exceed 10 years or the period
126-2 of community supervision in a misdemeanor case exceed three years.
126-3 A court may extend a period of community supervision under this
126-4 section at any time during the period of supervision or, if a
126-5 motion for revocation of community supervision is filed before the
126-6 period of supervision ends, before the first anniversary of the
126-7 expiration of the period of supervision. <A court may impose a
126-8 sanction on a probationer described by Subsection (a)(2) of this
126-9 section by extending the period of probation for a period not to
126-10 exceed one year. The total period of probation, including any
126-11 extensions under this subsection, may not exceed 10 years.>
126-12 (c) A judge <court> may impose a sanction on a defendant
126-13 <probationer> described by Subsection (a)(3) of this section by
126-14 increasing the fine imposed on the defendant. The original fine
126-15 imposed on the defendant <probationer> and an increase in the fine
126-16 imposed under this subsection may not exceed the maximum fine for
126-17 the offense for which the defendant <probationer> was sentenced.
126-18 The judge <court> shall deposit money received from an increase in
126-19 the defendant's <probationer's> fine under this subsection in the
126-20 special fund of the county treasury to be used for the same
126-21 purposes for which state aid may be used under Article 42.131 of
126-22 this code.
126-23 <(d) If a court continues or modifies a misdemeanor
126-24 probation after determining that the probationer violated a
126-25 condition of probation, the court may extend the probationer's
126-26 period of probation or increase the probationer's fine, in the same
126-27 manner under Subsections (b) and (c) of this section as if the
127-1 probationer were a felony probationer, except that the total period
127-2 of probation, including any extensions imposed under this
127-3 subsection, may not exceed three years.>
127-4 Sec. 23 <26>. REVOCATION. (a) If community supervision
127-5 <probation> is revoked after a hearing under Section 21 <24> of
127-6 this article, the judge <court> may proceed to dispose of the case
127-7 as if there had been no community supervision <probation>, or if
127-8 the judge <it> determines that the best interests of society and
127-9 the defendant <probationer> would be served by a shorter term of
127-10 confinement <imprisonment>, reduce the term of confinement
127-11 <imprisonment> originally assessed to any term of confinement
127-12 <imprisonment> not less than the minimum prescribed for the offense
127-13 of which the defendant <probationer> was convicted. The judge
127-14 <court> shall enter the amount of restitution or reparation owed by
127-15 the defendant on the date of revocation in the judgment in the
127-16 case.
127-17 (b) No part of the time that the defendant is on community
127-18 supervision <probation> shall be considered as any part of the time
127-19 that he shall be sentenced to serve<, except for time spent by the
127-20 defendant in actual confinement as a condition of probation under
127-21 Section 12 or 13 of this article>. The right of the defendant
127-22 <probationer> to appeal <to the Court of Appeals> for a review of
127-23 the <trial and> conviction and punishment, as provided by law,
127-24 shall be accorded the defendant <probationer> at the time he is
127-25 placed on community supervision <probation>. When he is notified
127-26 that his community supervision <probation> is revoked for violation
127-27 of the conditions of community supervision <probation> and he is
128-1 called on to serve a sentence in a jail or in the institutional
128-2 division of the Texas Department of Criminal Justice <an
128-3 institution operated by the Department of Corrections>, he may
128-4 appeal the revocation.
128-5 Sec. 24. DEFERRED PROSECUTION. (a) An attorney
128-6 representing the state may enter into an agreement with a defendant
128-7 who has been arrested for a criminal offense but not charged with
128-8 the offense to defer prosecution.
128-9 (b) The agreement shall specify that:
128-10 (1) the attorney representing the state shall provide
128-11 the defendant with a rehabilitation plan with specific conditions;
128-12 (2) the duration of the rehabilitation plan will not
128-13 exceed one year, except as provided by Subsection (c) of this
128-14 section;
128-15 (3) the defendant will submit to the supervision of
128-16 the local community supervision and corrections department to
128-17 ensure completion of the rehabilitation plan;
128-18 (4) the defendant will pay reasonable costs for any
128-19 programs required in the rehabilitation plan;
128-20 (5) failure of the defendant to complete in a timely
128-21 manner the rehabilitation plan will result in the prosecution of
128-22 the defendant for the offense for which the defendant was arrested;
128-23 (6) the attorney representing the state may not file
128-24 charges on the offense for which the defendant was arrested during
128-25 any period in which the defendant is making a good faith effort to
128-26 complete the rehabilitation plan and will move to dismiss the
128-27 charges under Article 32.02 of this code not later than the 30th
129-1 day after the date on which the defendant successfully completes
129-2 the plan; and
129-3 (7) the defendant waives the right to a speedy trial.
129-4 (c) The attorney representing the state may extend the
129-5 period in which the defendant is required to complete the
129-6 rehabilitation plan, for a period not to exceed one year, if the
129-7 defendant has not:
129-8 (1) paid restitution or other fees specified in the
129-9 rehabilitation plan;
129-10 (2) successfully completed any programs specified in
129-11 the rehabilitation plan; or
129-12 (3) violated conditions specified in the
129-13 rehabilitation plan.
129-14 (d) The attorney representing the state may not enter into
129-15 an agreement with a defendant to defer prosecution under this
129-16 section unless the community supervision and corrections department
129-17 has an agreement with the attorney to supervise defendants under
129-18 this section.
129-19 (e) The statute of limitations is tolled for any offense for
129-20 the period during which prosecution is deferred under this section.
129-21 <Sec. 27. CHANGE OF RESIDENCE; LEAVING THE STATE. (a) If,
129-22 for good and sufficient reasons, a probationer desires to change
129-23 his residence within the State, such transfer may be effected by
129-24 application to the supervising probation officer, which transfer
129-25 shall be subject to the court's consent and subject to such
129-26 regulations as the court may require in the absence of a probation
129-27 officer in the locality to which the probationer is transferred.>
130-1 <(b) Any probationer who removes himself from the State of
130-2 Texas without permission of the court having jurisdiction of the
130-3 case shall be considered a fugitive from justice and shall be
130-4 subject to extradition as now provided by law.>
130-5 <Sec. 28. PROGRAM TO ASSESS AND ENHANCE PROBATIONER'S
130-6 EDUCATIONAL AND VOCATIONAL SKILLS. (a) A community supervision
130-7 and corrections department, with the assistance of public school
130-8 districts, community and public junior colleges, public and private
130-9 institutions of higher education, and other appropriate public and
130-10 private entities, may establish a developmental program for a
130-11 probationer under the supervision of the department on the basis of
130-12 information developed under Section 11(g) of this article, as added
130-13 by Chapter 260, Acts of the 71st Legislature, Regular Session,
130-14 1989.>
130-15 <(b) The developmental program may provide the probationer
130-16 with the educational and vocational training necessary to:>
130-17 <(1) meet the average skill level required under
130-18 Section 11(g) of this article, as added by Chapter 260, Acts of the
130-19 71st Legislature, Regular Session, 1989; and>
130-20 <(2) maintain employment while under the supervision
130-21 of the department, to lessen the likelihood that the probationer
130-22 will commit additional offenses.>
130-23 <(c) To decrease expenditures by community supervision and
130-24 corrections departments for the educational and vocational skills
130-25 assessment and enhancement program established under this section,
130-26 the Texas Department of Commerce shall provide information to
130-27 community supervision and corrections departments, public school
131-1 districts, community and public junior colleges, public and private
131-2 institutions of higher education, and other appropriate public and
131-3 private entities for obtaining financial assistance through the
131-4 Texas Job-Training Partnership Act (Article 4413(52), Vernon's
131-5 Texas Civil Statutes) and other applicable programs of public or
131-6 private entities.>
131-7 SECTION 3.02. (a) The change in law made by this article to
131-8 Article 42.12, Code of Criminal Procedure, applies only to a
131-9 defendant charged with or convicted of an offense committed on or
131-10 after the effective date of this article. For the purposes of this
131-11 section, an offense is committed before the effective date of this
131-12 article if any element of the offense occurs before that date.
131-13 (b) A defendant charged with or convicted of an offense
131-14 committed before the effective date of this article is covered by
131-15 the law in effect when the offense was committed, and the former
131-16 law is continued in effect for this purpose.
131-17 ARTICLE 4
131-18 SECTION 4.01. Section 2, Article 37.07, Code of Criminal
131-19 Procedure, is amended by adding Subsection (d) to read as follows:
131-20 (d) In any case in which the attorney representing the state
131-21 has notified the defendant in writing not later than the _____ day
131-22 before the date on which the trial commences that the state intends
131-23 to allege a prior conviction for enhancement purposes under Chapter
131-24 12, Penal Code, the judge shall determine whether the defendant has
131-25 been convicted of the offense alleged in the written notice. The
131-26 notice must state the offense for which the defendant was
131-27 convicted, the jurisdiction in which the defendant was convicted,
132-1 and the date on which the defendant was convicted. The state must
132-2 prove the existence of the prior conviction by a preponderance of
132-3 the evidence. If the judge determines that the prior conviction
132-4 exists, the judge shall enter an affirmative finding of that fact
132-5 into the record of the case.
132-6 SECTION 4.02. Sections 3(a), (b), (d), and (f), Article
132-7 37.07, Code of Criminal Procedure, are amended to read as follows:
132-8 (a) Regardless of the plea and whether the punishment be
132-9 assessed by the judge or the jury, evidence may, as permitted by
132-10 the Rules of Evidence, be offered by the state and the defendant as
132-11 to any matter the court deems relevant to sentencing, including the
132-12 prior criminal record of the defendant, his general reputation and
132-13 his character. The term prior criminal record means a final
132-14 conviction in a court of record, <or> a probated or suspended
132-15 sentence that has occurred prior to trial, <or> any final
132-16 conviction material to the offense charged, or any unadjudicated
132-17 offense other than an offense disposed of by deferred adjudication
132-18 or deferred prosecution that the state proves the commission of
132-19 beyond a reasonable doubt. A court may consider as a factor in
132-20 mitigating punishment the conduct of a defendant while
132-21 participating in a program under Chapter 17 <Article 17.40 or
132-22 17.42(a)> of this code as a condition of release on bail.
132-23 Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
132-24 Evidence, evidence may be offered by the state and the defendant of
132-25 an adjudication of delinquency based on a violation by the
132-26 defendant of a penal law of the grade of felony unless:
132-27 (1) the adjudication is based on conduct committed
133-1 more than five years before the commission of the offense for which
133-2 the person is being tried; and
133-3 (2) in the five years preceding the date of the
133-4 commission of the offense for which the person is being tried, the
133-5 person did not engage in conduct for which the person has been
133-6 adjudicated as a delinquent child or a child in need of supervision
133-7 and did not commit an offense for which the person has been
133-8 convicted.
133-9 (b) After the introduction of such evidence has been
133-10 concluded, and if the jury has the responsibility of assessing the
133-11 punishment, the court shall give such additional written
133-12 instructions as may be necessary and the order of procedure and the
133-13 rules governing the conduct of the trial shall be the same as are
133-14 applicable on the issue of guilt or innocence. If a judge enters
133-15 an affirmative finding under Section 2(d) of this article, the
133-16 judge shall instruct the jury on the enhanced range of the
133-17 punishment applicable to the offense.
133-18 (d) When the judge assesses the punishment, he may order an
133-19 investigative report as contemplated in Section 9 <4> of Article
133-20 42.12 of this code and after considering the report, and after the
133-21 hearing of the evidence hereinabove provided for, he shall
133-22 forthwith announce his decision in open court as to the punishment
133-23 to be assessed.
133-24 (f) Evidence of the extent of a defendant's ability to pay a
133-25 fine is admissible during the penalty phase of a trial.
133-26 Notwithstanding any other law, a court may order the production of
133-27 income tax records or other documents relating to the defendant in
134-1 order to determine the defendant's ability to pay a fine,
134-2 restitution, reward, or other payment legally assessed, imposed, or
134-3 ordered by a judge or jury <In cases in which the matter of
134-4 punishment is referred to a jury, either party may offer into
134-5 evidence the availability of community corrections facilities
134-6 serving the jurisdiction in which the offense was committed>.
134-7 SECTION 4.03. Section 4, Article 37.07, Code of Criminal
134-8 Procedure, is amended to read as follows:
134-9 Sec. 4. (a) In the penalty phase of the trial of a murder,
134-10 a first, second, or third degree felony, or a fourth degree felony
134-11 in which prior convictions are alleged for enhancement purposes, if
134-12 <case in which> the punishment is to be assessed by the jury rather
134-13 than the court, <if the offense of which the jury has found the
134-14 defendant guilty is listed in Section 3g(a)(1), Article 42.12, of
134-15 this code or if the judgment contains an affirmative finding under
134-16 Section 3g(a)(2), Article 42.12, of this code, unless the defendant
134-17 has been convicted of a capital felony> the court shall charge the
134-18 jury in writing as follows:
134-19 "Under the law applicable in this case, the defendant, if
134-20 sentenced to a term of imprisonment, may earn time off the period
134-21 of incarceration imposed through the award of good conduct time.
134-22 Prison authorities may award good conduct time to a prisoner who
134-23 exhibits good behavior, diligence in carrying out prison work
134-24 assignments, and attempts at rehabilitation. If a prisoner engages
134-25 in misconduct, prison authorities may also take away all or part of
134-26 any good conduct time earned by the prisoner.
134-27 "It is not <also> possible that the length of time for which
135-1 the defendant will be imprisoned will <might> be reduced by the
135-2 award of parole.
135-3 "Under the law applicable in this case, if the defendant is
135-4 sentenced to a term of imprisonment, he will serve, in the
135-5 institutional division, not less than 80 percent of the sentence.
135-6 The defendant will serve the balance of the sentence under the
135-7 supervision of local criminal justice officials <not become
135-8 eligible for parole until the actual time served equals one-fourth
135-9 of the sentence imposed or 15 years, whichever is less, without
135-10 consideration of any good conduct time he may earn. If the
135-11 defendant is sentenced to a term of less than six years, he must
135-12 serve at least two years before he is eligible for parole.
135-13 Eligibility for parole does not guarantee that parole will be
135-14 granted>.
135-15 "It cannot accurately be predicted how <the parole law and>
135-16 good conduct time laws might be applied to this defendant if he is
135-17 sentenced to a term of imprisonment, because the application of
135-18 these laws will depend on decisions made by prison <and parole>
135-19 authorities.
135-20 "You may consider the existence of <the parole law and> good
135-21 conduct time. However, you are not to consider the extent to which
135-22 good conduct time may be awarded to or forfeited by this particular
135-23 defendant. <You are not to consider the manner in which the parole
135-24 law may be applied to this particular defendant.>"
135-25 (b) In the penalty phase of the trial of a fourth degree
135-26 felony in which prior convictions are not alleged for enhancement
135-27 purposes, the court shall instruct the jury in writing as follows:
136-1 "Under the law applicable in this case, the defendant must
136-2 serve a term of community supervision under terms and conditions of
136-3 supervision set by the court.
136-4 "It is not possible that the length of time that the
136-5 defendant will serve under supervision will be reduced by the award
136-6 of parole, the award of good conduct time, or any other method to
136-7 achieve a reduction in sentence." <In the penalty phase of the
136-8 trial of a felony case in which the punishment is to be assessed by
136-9 the jury rather than the court, if the offense is punishable as a
136-10 felony of the first degree, if a prior conviction has been alleged
136-11 for enhancement of punishment as provided by Section 12.42(b), (c),
136-12 or (d), Penal Code, or if the offense is a felony not designated as
136-13 a capital felony or a felony of the first, second, or third degree
136-14 and the maximum term of imprisonment that may be imposed for the
136-15 offense is longer than 60 years, unless the offense of which the
136-16 jury has found the defendant guilty is listed in Section 3g(a)(1),
136-17 Article 42.12, of this code or the judgment contains an affirmative
136-18 finding under Section 3g(a)(2), Article 42.12, of this code, the
136-19 court shall charge the jury in writing as follows:>
136-20 <"Under the law applicable in this case, the defendant, if
136-21 sentenced to a term of imprisonment, may earn time off the period
136-22 of incarceration imposed through the award of good conduct time.
136-23 Prison authorities may award good conduct time to a prisoner who
136-24 exhibits good behavior, diligence in carrying out prison work
136-25 assignments, and attempts at rehabilitation. If a prisoner engages
136-26 in misconduct, prison authorities may also take away all or part of
136-27 any good conduct time earned by the prisoner.>
137-1 <"It is also possible that the length of time for which the
137-2 defendant will be imprisoned might be reduced by the award of
137-3 parole.>
137-4 <"Under the law applicable in this case, if the defendant is
137-5 sentenced to a term of imprisonment, he will not become eligible
137-6 for parole until the actual time served plus any good conduct time
137-7 earned equals one-fourth of the sentence imposed or 15 years,
137-8 whichever is less. Eligibility for parole does not guarantee that
137-9 parole will be granted.>
137-10 <"It cannot accurately be predicted how the parole law and
137-11 good conduct time might be applied to this defendant if he is
137-12 sentenced to a term of imprisonment, because the application of
137-13 these laws will depend on decisions made by prison and parole
137-14 authorities.>
137-15 <"You may consider the existence of the parole law and good
137-16 conduct time. However, you are not to consider the extent to which
137-17 good conduct time may be awarded to or forfeited by this particular
137-18 defendant. You are not to consider the manner in which the parole
137-19 law may be applied to this particular defendant.">
137-20 (c) <In the penalty phase of the trial of a felony case in
137-21 which the punishment is to be assessed by the jury rather than the
137-22 court, if the offense is punishable as a felony of the second or
137-23 third degree, if a prior conviction has been alleged for
137-24 enhancement as provided by Section 12.42(a), Penal Code, or if the
137-25 offense is a felony not designated as a capital felony or a felony
137-26 of the first, second, or third degree and the maximum term of
137-27 imprisonment that may be imposed for the offense is 60 years or
138-1 less, unless the offense of which the jury has found the defendant
138-2 guilty is listed in Section 3g(a)(1), Article 42.12, of this code
138-3 or the judgment contains an affirmative finding under Section
138-4 3g(a)(2), Article 42.12, of this code, the court shall charge the
138-5 jury in writing as follows:>
138-6 <"Under the law applicable in this case, the defendant, if
138-7 sentenced to a term of imprisonment, may earn time off the period
138-8 of incarceration imposed through the award of good conduct time.
138-9 Prison authorities may award good conduct time to a prisoner who
138-10 exhibits good behavior, diligence in carrying out prison work
138-11 assignments, and attempts at rehabilitation. If a prisoner engages
138-12 in misconduct, prison authorities may also take away all or part of
138-13 any good conduct time earned by the prisoner.>
138-14 <"It is also possible that the length of time for which the
138-15 defendant will be imprisoned might be reduced by the award of
138-16 parole.>
138-17 <"Under the law applicable in this case, if the defendant is
138-18 sentenced to a term of imprisonment, he will not become eligible
138-19 for parole until the actual time served plus any good conduct time
138-20 earned equals one-fourth of the sentence imposed. Eligibility for
138-21 parole does not guarantee that parole will be granted.>
138-22 <"It cannot accurately be predicted how the parole law and
138-23 good conduct time might be applied to this defendant if he is
138-24 sentenced to a term of imprisonment, because the application of
138-25 these laws will depend on decisions made by prison and parole
138-26 authorities.>
138-27 <"You may consider the existence of the parole law and good
139-1 conduct time. However, you are not to consider the extent to which
139-2 good conduct time may be awarded to or forfeited by this particular
139-3 defendant. You are not to consider the manner in which the parole
139-4 law may be applied to this particular defendant.">
139-5 <(d)> This section does not permit the introduction of
139-6 evidence on the operation of parole and good conduct time laws,
139-7 other than evidence that release on parole is a correctional
139-8 practice that does not exist in this state.
139-9 SECTION 4.04. Article 37.071, Code of Criminal Procedure, is
139-10 amended to read as follows:
139-11 Art. 37.071. PROCEDURE IN CAPITAL CASE
139-12 Sec. 1. If a defendant is found guilty in a capital felony
139-13 case in which the state does not seek the death penalty, the judge
139-14 shall sentence the defendant to life imprisonment or life
139-15 imprisonment without parole, after making the determination
139-16 otherwise made by the jury under Section 2(f) of this article.
139-17 Sec. 2. (a) If a defendant is tried for a capital offense
139-18 in which the state seeks the death penalty, on a finding that the
139-19 defendant is guilty of a capital offense, the court shall conduct a
139-20 separate sentencing proceeding to determine whether the defendant
139-21 shall be sentenced to death, <or> life imprisonment, or life
139-22 imprisonment without parole. The proceeding shall be conducted in
139-23 the trial court and except as provided by Article 44.29(c) of this
139-24 code, before the trial jury as soon as practicable. In the
139-25 proceeding, evidence may be presented by the state and the
139-26 defendant or the defendant's counsel as to any matter that the
139-27 court deems relevant to sentence, including evidence of the
140-1 defendant's background or character or the circumstances of the
140-2 offense that mitigates against the imposition of the death penalty.
140-3 This subsection shall not be construed to authorize the
140-4 introduction of any evidence secured in violation of the
140-5 Constitution of the United States or of the State of Texas. The
140-6 state and the defendant or the defendant's counsel shall be
140-7 permitted to present argument for or against sentence of death.
140-8 The court, the attorney representing the state, the defendant, or
140-9 the defendant's counsel may not inform a juror or a prospective
140-10 juror of the effect of a failure of a jury to agree on issues
140-11 submitted under Subsection (c) or (e) of this section <article>.
140-12 (b) On conclusion of the presentation of the evidence, the
140-13 court shall submit the following issues to the jury:
140-14 (1) whether there is a probability that the defendant
140-15 would commit criminal acts of violence that would constitute a
140-16 continuing threat to society; and
140-17 (2) in cases in which the jury charge at the guilt or
140-18 innocence stage permitted the jury to find the defendant guilty as
140-19 a party under Sections 7.01 and 7.02, Penal Code, whether the
140-20 defendant actually caused the death of the deceased or did not
140-21 actually cause the death of the deceased but intended to kill the
140-22 deceased or another or anticipated that a human life would be
140-23 taken.
140-24 (c) The state must prove each issue submitted under
140-25 Subsection (b) of this section <article> beyond a reasonable doubt,
140-26 and the jury shall return a special verdict of "yes" or "no" on
140-27 each issue submitted under Subsection (b) of this section
141-1 <Article>.
141-2 (d) The court shall charge the jury that:
141-3 (1) in deliberating on the issues submitted under
141-4 Subsection (b) of this section <article>, it shall consider all
141-5 evidence admitted at the guilt or innocence stage and the
141-6 punishment stage, including evidence of the defendant's background
141-7 or character or the circumstances of the offense that militates for
141-8 or mitigates against the imposition of the death penalty;
141-9 (2) it may not answer any issue submitted under
141-10 Subsection (b) of this section <article> "yes" unless it agrees
141-11 unanimously and it may not answer any issue "no" unless 10 or more
141-12 jurors agree; and
141-13 (3) members of the jury need not agree on what
141-14 particular evidence supports a negative answer to any issue
141-15 submitted under Subsection (b) of this section <article>.
141-16 (e) The court shall instruct the jury that if the jury
141-17 returns an affirmative finding to each issue submitted under
141-18 Subsection (b) of this section <article>, it shall answer the
141-19 following issue:
141-20 Whether, taking into consideration all of the evidence,
141-21 including the circumstances of the offense, the defendant's
141-22 character and background, and the personal moral culpability of the
141-23 defendant, there is a sufficient mitigating circumstance or
141-24 circumstances to warrant that a sentence of life imprisonment or
141-25 life imprisonment without parole rather than a death sentence be
141-26 imposed.
141-27 (f) The court shall instruct the jury that if the jury
142-1 returns a negative finding on any issue submitted under Subsection
142-2 (b) of this section or an affirmative finding on an issue submitted
142-3 under Subsection (e) of this section or is unable to answer any
142-4 issue submitted under Subsection (b) or (e) of this section, it
142-5 shall answer the following issue:
142-6 Whether, taking into consideration all of the evidence,
142-7 including the circumstances of the offense, the defendant's
142-8 character and background, and the personal moral culpability of the
142-9 defendant, there is a sufficient mitigating circumstance or
142-10 circumstances to warrant that a sentence of life imprisonment
142-11 rather than life imprisonment without parole be imposed.
142-12 (g) The court shall charge the jury that in answering an
142-13 <the> issue submitted under Subsection (e) or Subsection (f) of
142-14 this section <article>, the jury:
142-15 (1) shall answer the issue "yes" or "no";
142-16 (2) may not answer the issue "no" unless it agrees
142-17 unanimously and may not answer the issue "yes" unless 10 or more
142-18 jurors agree;
142-19 (3) need not agree on what particular evidence
142-20 supports an affirmative finding on the issue; and
142-21 (4) shall consider mitigating evidence to be evidence
142-22 that a juror might regard as reducing the defendant's moral
142-23 blameworthiness.
142-24 (h) <(g)> If the jury returns an affirmative finding on each
142-25 issue submitted under Subsection (b) of this section <article> and
142-26 a negative finding on an issue submitted under Subsection (e) of
142-27 this section <article>, the court shall sentence the defendant to
143-1 death. If the jury returns a negative finding on an <any> issue
143-2 submitted under Subsection (f) <(b)> of this section <article or an
143-3 affirmative finding on an issue submitted under Subsection (e) of
143-4 this article or is unable to answer any issue submitted under
143-5 Subsection (b) or (e) of this article>, the court shall sentence
143-6 the defendant to confinement in the institutional division of the
143-7 Texas Department of Criminal Justice for life without parole. If
143-8 the jury returns an affirmative finding on an issue submitted under
143-9 Subsection (f) of this section, the court shall sentence the
143-10 defendant to confinement in the institutional division of the Texas
143-11 Department of Criminal Justice for life.
143-12 (i) <(h)> The judgment of conviction and sentence of death
143-13 shall be subject to automatic review by the Court of Criminal
143-14 Appeals.
143-15 SECTION 4.05. Chapter 42, Code of Criminal Procedure, is
143-16 amended by amending Articles 42.01-42.036, 42.08, and 42.09 and
143-17 adding Articles 42.023 and 42.20 to read as follows:
143-18 Art. 42.01. JUDGMENT
143-19 Sec. 1. A judgment is the written declaration of the court
143-20 signed by the trial judge and entered of record showing the
143-21 conviction or acquittal of the defendant. The sentence served
143-22 shall be based on the information contained in the judgment. The
143-23 judgment should reflect:
143-24 1. The title and number of the case;
143-25 2. That the case was called and the parties appeared,
143-26 naming the attorney for the state, the defendant, and the attorney
143-27 for the defendant, or, where a defendant is not represented by
144-1 counsel, that the defendant knowingly, intelligently, and
144-2 voluntarily waived the right to representation by counsel;
144-3 3. The plea or pleas of the defendant to the offense
144-4 charged;
144-5 4. Whether the case was tried before a jury or a jury
144-6 was waived;
144-7 5. The submission of the evidence, if any;
144-8 6. In cases tried before a jury that the jury was
144-9 charged by the court;
144-10 7. The verdict or verdicts of the jury or the finding
144-11 or findings of the court;
144-12 8. In the event of a conviction that the defendant is
144-13 adjudged guilty of the offense as found by the verdict of the jury
144-14 or the finding of the court, and that the defendant be punished in
144-15 accordance with the jury's verdict or the court's finding as to the
144-16 proper punishment;
144-17 9. In the event of conviction where death or any
144-18 <nonprobated> punishment is assessed that the defendant be
144-19 sentenced to death, a term of confinement or community supervision
144-20 <imprisonment>, or to pay a fine, as the case may be;
144-21 10. In the event of conviction where <any probated
144-22 punishment is assessed that> the imposition of sentence is
144-23 suspended and the defendant is placed on community supervision
144-24 <probation>, setting forth the punishment assessed, the length of
144-25 community supervision <probation>, and the <probationary terms and>
144-26 conditions of community supervision;
144-27 11. In the event of acquittal that the defendant be
145-1 discharged;
145-2 12. The county and court in which the case was tried
145-3 and, if there was a change of venue in the case, the name of the
145-4 county in which the prosecution was originated;
145-5 13. The offense or offenses for which the defendant
145-6 was convicted;
145-7 14. The date of the offense or offenses and degree of
145-8 offense for which the defendant was convicted;
145-9 15. The term of sentence;
145-10 16. The date judgment is entered;
145-11 17. The date sentence is imposed;
145-12 18. The date sentence is to commence and any credit
145-13 for time served;
145-14 19. The terms of any order entered pursuant to Article
145-15 42.08 of this code that the defendant's sentence is to run
145-16 cumulatively or concurrently with another sentence or sentences;
145-17 20. The terms of any plea bargain;
145-18 21. <Affirmative findings entered pursuant to
145-19 Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
145-20 this code;>
145-21 <22.> The terms of any fee payment ordered under
145-22 Articles 37.072 and 42.151 of this code;
145-23 22. <23.> The defendant's thumbprint taken in
145-24 accordance with Article 38.33 of this code;
145-25 23. <24.> In the event that the judge orders the
145-26 defendant to repay a reward or part of a reward under Articles
145-27 37.073 and 42.152 of this code, a statement of the amount of the
146-1 payment or payments required to be made; and
146-2 24. <25.> In the event that the court orders
146-3 restitution to be paid to the victim of a felony, a statement of
146-4 the amount of restitution ordered and:
146-5 (A) the name of the victim and the permanent
146-6 mailing address of the victim at the time of the judgment; or
146-7 (B) if the court determines that the inclusion
146-8 of the victim's name and address in the judgment is not in the best
146-9 interest of the victim, the name and address of a person or agency
146-10 that will accept and forward restitution payments to the victim.
146-11 Sec. 2. The judge may order the clerk of the court, the
146-12 prosecuting attorney, or the attorney or attorneys representing any
146-13 defendant to prepare the judgment, or the court may prepare the
146-14 same.
146-15 Sec. 3. The provisions of this article <Article> shall apply
146-16 to both felony and misdemeanor cases.
146-17 Sec. 4. The Office of Court Administration of the Texas
146-18 Judicial System shall promulgate a standardized felony judgment
146-19 form that conforms to the requirements of Section 1 of this
146-20 article. <A copy of the promulgated form shall be mailed to all
146-21 district courts hearing criminal cases on or before October 1,
146-22 1985.>
146-23 <Art. 42.011. RISK ASSESSMENT INSTRUMENTS. (a) Not later
146-24 than the 30th day after the date on which a court pronounces
146-25 sentence in a felony case, the court shall submit a risk assessment
146-26 instrument to the community justice assistance division of the
146-27 Texas Department of Criminal Justice on a form provided by the
147-1 division. If the court does not suspend a sentence of confinement
147-2 in the case or sentence a defendant under Section 12.34(a)(2),
147-3 Penal Code, the court shall attach a statement of its reasons to
147-4 the form.>
147-5 <(b) The division shall develop and distribute forms for use
147-6 under Subsection (a) of this article not later than September 1,
147-7 1990.>
147-8 Art. 42.02. Sentence. The sentence is that part of the
147-9 judgment, or order revoking a suspension of the imposition of a
147-10 <probated> sentence, that orders that the punishment be carried
147-11 into execution in the manner prescribed by law.
147-12 Art. 42.023. JUDGE SHALL CONSIDER ALTERNATIVE SENTENCING.
147-13 Before pronouncing sentence on a defendant convicted of a criminal
147-14 offense, the judge shall consider whether the defendant should be
147-15 committed for care and treatment under Section 462.081, Health and
147-16 Safety Code.
147-17 Art. 42.03. PRONOUNCING SENTENCE; TIME; CREDIT FOR TIME
147-18 SPENT IN JAIL BETWEEN ARREST AND SENTENCE OR PENDING APPEAL
147-19 Sec. 1. (a) Except as provided in Article 42.14, sentence
147-20 shall be pronounced in the defendant's presence.
147-21 (b) The court shall permit a victim, close relative of a
147-22 deceased victim, or guardian of a victim, as defined by Article
147-23 56.01 of this code, to appear in person to present to the court a
147-24 statement of the person's views about the offense, the defendant,
147-25 and the effect of the offense on the victim. The court reporter
147-26 may not transcribe the statement. The statement must be made:
147-27 (1) after punishment has been assessed and the court
148-1 has determined whether or not to grant community supervision
148-2 <probation> in the case;
148-3 (2) after the court has announced the terms and
148-4 conditions of the sentence; and
148-5 (3) after sentence is pronounced <and shall not be
148-6 transcribed by the court reporter>.
148-7 Sec. 2. (a) In all criminal cases the judge of the court in
148-8 which the defendant was convicted shall give the defendant credit
148-9 on his sentence <or period of confinement served as a condition of
148-10 probation> for the time that the defendant has spent in jail in
148-11 said cause, other than confinement served as a condition of
148-12 community supervision, from the time of his arrest and confinement
148-13 until his sentence by the trial court.
148-14 (b) In all <felony probation> revocations of a suspension of
148-15 the imposition of a sentence the judge shall enter the restitution
148-16 or reparation due and owing on the date of the revocation <of
148-17 probation>.
148-18 Sec. 3. If a defendant appeals his conviction, is not
148-19 released on bail, and is retained in a <local> jail as provided in
148-20 Section 7 <5>, Article 42.09, pending his appeal, the judge of the
148-21 court in which the defendant was convicted shall give the defendant
148-22 credit on his sentence for the time that the defendant has spent in
148-23 jail pending disposition of his appeal. The court shall endorse on
148-24 both the commitment and the mandate from the appellate court all
148-25 credit given the defendant under this section, and the
148-26 institutional division of the Texas Department of Criminal Justice
148-27 <Corrections> shall grant the credit in computing the defendant's
149-1 eligibility for parole and discharge.
149-2 Sec. 4. When a defendant who has been sentenced to
149-3 imprisonment in the institutional division of the Texas Department
149-4 of Criminal Justice <Corrections> has spent time in jail pending
149-5 trial and sentence or pending appeal, the judge of the sentencing
149-6 court shall direct the sheriff to attach to the commitment papers a
149-7 statement assessing the defendant's conduct while in jail.
149-8 <Sec. 7. (a) If jail time is awarded to a person sentenced
149-9 for an offense under Section 25.05, Penal Code, or if the person is
149-10 required to serve a period of confinement as a condition of
149-11 probation, the judge, at the time of the pronouncement of the
149-12 sentence or at any time while the person is serving the sentence or
149-13 period of confinement, on the judge's own motion or on the written
149-14 motion of the defendant, may permit the defendant to serve the
149-15 sentence or period of confinement under house arrest, including
149-16 electronic monitoring and any other conditions the court chooses to
149-17 impose, during the person's off-work hours. The judge may require
149-18 bail of the defendant to ensure the faithful performance of the
149-19 sentence or period of confinement.>
149-20 <(b) The court shall require as a condition to permitting
149-21 the defendant to serve the jail time assessed or period of
149-22 confinement imposed under house arrest a requirement that the
149-23 defendant perform community service work specified by the court for
149-24 a specified number of hours.>
149-25 <(c) The court may require the defendant to pay any
149-26 reasonable cost to the county incurred by the county because of the
149-27 defendant's participation in the house arrest program, including
150-1 the cost to the county for the defendant's participation in
150-2 community service work and the cost of electronic monitoring.>
150-3 <(d) The sentencing and confinement alternatives provided by
150-4 this section are in addition to any other sentencing and
150-5 confinement alternatives provided by law.>
150-6 <Sec. 7A. A court in a county served by a district probation
150-7 office that has an electronic monitoring program approved by the
150-8 community justice assistance division of the Texas Department of
150-9 Criminal Justice may require a defendant to serve all or part of a
150-10 sentence of confinement in county jail or period of confinement
150-11 served as a condition of probation by submitting to electronic
150-12 monitoring rather than being confined in the county jail.>
150-13 <Sec. 8. (a) A court may require a defendant to serve all
150-14 or part of a sentence of confinement in county jail or period of
150-15 confinement served as a condition of probation by performing
150-16 community service rather than by being confined in county jail.>
150-17 <(b) In its order requiring a defendant to participate in
150-18 community service work, the court must specify:>
150-19 <(1) the number of hours the defendant is required to
150-20 work;>
150-21 <(2) the entity or organization for which the
150-22 defendant is required to work;>
150-23 <(3) the project on which the defendant is required to
150-24 work; and>
150-25 <(4) whether the district probation department or a
150-26 court related services office will perform the administrative
150-27 duties required by the placement of the defendant in the community
151-1 service program.>
151-2 <(c) The court may order the defendant to perform community
151-3 service work under this section only for a governmental entity or a
151-4 nonprofit organization that provides services to the general public
151-5 that enhance social welfare and the general well-being of the
151-6 community. A governmental entity or nonprofit organization that
151-7 accepts a defendant under this section to perform community service
151-8 must agree to supervise the defendant in the performance of the
151-9 defendant's work and report on the defendant's work to the district
151-10 probation department or court related services office.>
151-11 <(d) A court may not order a defendant to perform more than
151-12 16 hours per week of community service under this section unless
151-13 the court determines that requiring the defendant to work
151-14 additional hours does not work a hardship on the defendant or the
151-15 defendant's dependents.>
151-16 <(e) A defendant is considered to have served one day in
151-17 jail for each eight hours of community service performed under this
151-18 section.>
151-19 <(f) Notwithstanding the provisions of Subsection (d) of
151-20 this section, a court may order a defendant who is not employed to
151-21 perform up to 32 hours of community service under this section and
151-22 may direct the defendant to use the remaining hours of the week to
151-23 seek employment.>
151-24 <(f) A sheriff, employee of a sheriff's department, county
151-25 commissioner, county employee, county judge, employee of a
151-26 community corrections and supervision department, restitution
151-27 center, or officer or employee of a political subdivision other
152-1 than a county is not liable for damages arising from an act or
152-2 failure to act in connection with community service performed by an
152-3 inmate pursuant to this article if the act or failure to act:>
152-4 <(1) was performed pursuant to court order; and>
152-5 <(2) was not intentional, wilfully or wantonly
152-6 negligent, or performed with conscious indifference or reckless
152-7 disregard for the safety of others.>
152-8 Art. 42.031. WORK RELEASE PROGRAM
152-9 Sec. 1. (a) The sheriff of each county may attempt to
152-10 secure employment for each defendant <prisoner> sentenced to the
152-11 county jail work release program under Article 42.034 of this code
152-12 and each defendant confined in the county jail awaiting transfer to
152-13 the institutional division of the Texas Department of Criminal
152-14 Justice <or permitted under that article to participate in the
152-15 program as an alternative to serving a period of confinement as a
152-16 condition of probation>.
152-17 (b) The employer of a defendant <prisoner> participating in
152-18 a program under this article shall pay the defendant's <prisoner's>
152-19 salary to the sheriff. The sheriff shall deposit the salary into a
152-20 special fund to be given to the defendant <prisoner> on his release
152-21 after deducting:
152-22 (1) the cost to the county<, as determined by the
152-23 commissioners court of the county,> for the defendant's confinement
152-24 <prisoner's incarceration> during the pay period based on the
152-25 average daily cost of confining defendants in the county jail, as
152-26 determined by the commissioners court of the county;
152-27 (2) support of the defendant's <prisoner's>
153-1 dependents; and
153-2 (3) restitution to the victims of an offense committed
153-3 by the defendant <prisoner>.
153-4 (c) At the time of sentencing or at a later date, the court
153-5 sentencing a defendant <prisoner> may direct the sheriff not to
153-6 deduct the cost described under Subdivision (1) of Subsection (b)
153-7 of this section or to deduct only a specified portion of the cost
153-8 if the court determines that the full deduction would cause a
153-9 significant financial hardship to the defendant's <prisoner's>
153-10 dependents.
153-11 (d) If the sheriff does not find employment for a defendant
153-12 <prisoner> who would otherwise be sentenced to imprisonment <or
153-13 confined as a condition of probation> in the institutional
153-14 division, the sheriff shall:
153-15 (1) transfer the defendant <prisoner> to the sheriff
153-16 of a county who agrees to accept the defendant <prisoner> as a
153-17 participant in the county jail work release program; or
153-18 (2) retain the defendant <prisoner> in the county jail
153-19 for employment as soon as possible in a jail work release program.
153-20 <(e) A sheriff or an employee of a sheriff's department is
153-21 not liable for damages arising from an act or failure to act by the
153-22 sheriff or employee in connection with a work program operated
153-23 under this section if the act or failure to act was performed in an
153-24 official capacity.>
153-25 Sec. 2. A defendant <prisoner> participating in a program
153-26 under this article shall be confined in the county jail or in
153-27 another facility designated by the sheriff at all times except for:
154-1 (1) time spent at work and traveling to or from work;
154-2 and
154-3 (2) time spent attending or traveling to or from an
154-4 education or rehabilitation program approved by the sheriff.
154-5 Sec. 3. (a) The sheriff of each county shall classify each
154-6 felon serving a sentence in the county jail work release program
154-7 <or participating in that program as an alternative to serving a
154-8 period of confinement as a condition of probation> for the purpose
154-9 of awarding good conduct time credit in the same manner as inmates
154-10 of the institutional division of the Texas Department of Criminal
154-11 Justice <Corrections> are classified under Chapter 498, Government
154-12 Code, and shall award good conduct time in the same manner as the
154-13 director of the department does in that chapter <article>.
154-14 (b) If at a hearing requested by a sheriff the court that
154-15 sentenced the defendant <prisoner> to participation in a county
154-16 jail work release program determines that the defendant <prisoner>
154-17 is conducting himself in a manner that is dangerous to inmates in
154-18 the county jail or to society as a whole, the court shall order the
154-19 defendant's <prisoner's> participation in the program terminated
154-20 and order the defendant <prisoner> to the term <or period of
154-21 confinement or the term> of imprisonment that the defendant
154-22 <prisoner> would have received had he not entered the program. The
154-23 defendant <prisoner> shall receive as credit toward his sentence
154-24 <or period of confinement> any time served as a participant in the
154-25 program.
154-26 Art. 42.032. GOOD CONDUCT
154-27 Sec. 1. To encourage county jail discipline, a distinction
155-1 may be made to give orderly, industrious, and obedient defendants
155-2 <prisoners> the comforts and privileges they deserve. The reward
155-3 for good conduct may consist of a relaxation of strict county jail
155-4 rules and extension of social privileges consistent with proper
155-5 discipline.
155-6 Sec. 2. The sheriff in charge of each county jail may grant
155-7 commutation of time for good conduct, industry, and obedience. A
155-8 deduction not to exceed one day for each day of the original
155-9 sentence actually served may be made for the term or terms of
155-10 sentences <or periods of confinement served as conditions of
155-11 probation> if a charge of misconduct has not been sustained against
155-12 the defendant <prisoner>.
155-13 Sec. 3. This article applies whether or not the judgment of
155-14 conviction is a fine or jail sentence or both <or whether the
155-15 confinement is a condition of probation>, but the deduction in time
155-16 may not exceed one-third of the original sentence as to fines and
155-17 court costs assessed in the judgment of conviction <or one-third of
155-18 the period of confinement ordered as a condition of probation>.
155-19 Sec. 4. A defendant <prisoner> serving two or more
155-20 cumulative sentences shall be allowed commutation as if the
155-21 sentences were one sentence<, and a probationer serving two or more
155-22 periods of confinement as conditions of probation in more than one
155-23 case shall be allowed commutation as if the periods were conditions
155-24 of one grant of probation>.
155-25 Sec. 5. Any part or all of the commutation accrued under
155-26 this article may be forfeited and taken away by the sheriff for a
155-27 sustained charge of misconduct in violation of any rule known to
156-1 the defendant <prisoner>, including escape or attempt to escape, if
156-2 the sheriff has complied with discipline proceedings as approved by
156-3 the Commission on Jail Standards.
156-4 Sec. 6. Except for credit earned by a defendant <an inmate>
156-5 under Article 43.10, no other time allowance or credits in addition
156-6 to the commutation of time under this article may be deducted from
156-7 the term or terms of sentences <or periods of confinement served as
156-8 a condition of probation>.
156-9 Sec. 7. The sheriff shall keep a conduct record in card or
156-10 ledger form and a calendar card on each defendant <inmate> showing
156-11 all forfeitures of commutation time and the reasons for the
156-12 forfeitures.
156-13 Art. 42.033. SENTENCE TO SERVE TIME DURING OFF-WORK HOURS.
156-14 (a) Where jail time has been awarded to a person sentenced for a
156-15 misdemeanor or sentenced to confinement in the county jail for a
156-16 felony or when a defendant is serving a period of confinement as a
156-17 condition of community supervision <probation>, the trial judge, at
156-18 the time of the pronouncement of sentence or at any time while the
156-19 defendant is serving the sentence or period of confinement, when in
156-20 the judge's discretion the ends of justice would best be served,
156-21 may permit the defendant to serve the defendant's sentence or
156-22 period of confinement intermittently during his off-work hours or
156-23 on weekends. The judge may require bail of the defendant to ensure
156-24 the faithful performance of the sentence or period of confinement.
156-25 The judge may attach conditions regarding the employment, travel,
156-26 and other conduct of the defendant during the performance of such a
156-27 sentence or period of confinement.
157-1 (b) The court may impose as a condition to permitting a
157-2 defendant to serve the jail time assessed or period of confinement
157-3 intermittently <during off-work hours or on weekends> an additional
157-4 requirement that the defendant make any of the following payments
157-5 to the court, agencies, or persons, or that the defendant execute a
157-6 letter and direct it to the defendant's employer directing the
157-7 employer to deduct from the defendant's salary an amount directed
157-8 by the court, which is to be sent by the employer to the clerk of
157-9 the court. The money received by the court under this section may
157-10 be used to pay the following expenses as directed by the court:
157-11 (1) the support of the defendant's dependents, if
157-12 necessary;
157-13 (2) the defendant's documented personal, business, and
157-14 travel expenses;
157-15 (3) reimbursement of the general fund of the county
157-16 for the maintenance of the defendant in jail; and
157-17 (4) installment payments on restitution, fines, and
157-18 court costs ordered by the court.
157-19 (c) The condition imposed under Subsection (b) of this
157-20 article is not binding on an employer, except that income withheld
157-21 for child support is governed by Chapter 14, Family Code.
157-22 (d) The court may permit the defendant to serve the
157-23 defendant's sentence or period of confinement intermittently
157-24 <during the defendant's off-work hours or on weekends> in order for
157-25 the defendant to continue employment if the court imposes
157-26 confinement for failure to pay a fine or court costs, as punishment
157-27 for criminal nonsupport under Section 25.05, Penal Code, or for
158-1 contempt of a court order for periodic payments for the support of
158-2 a child.
158-3 (e) The court may permit the defendant to seek employment or
158-4 obtain medical, psychological, or substance abuse treatment or
158-5 counseling or obtain training or needed education under the same
158-6 terms and conditions that apply to employment under this article.
158-7 Art. 42.034. COUNTY JAIL WORK RELEASE PROGRAM. (a) If jail
158-8 time has been awarded to a person sentenced for a misdemeanor or
158-9 sentenced to confinement in the county jail for a felony <or when a
158-10 defendant is serving a period of confinement as a condition of
158-11 probation>, the trial judge at the time of pronouncement of
158-12 sentence or at any time while the defendant is serving the sentence
158-13 <or period of confinement>, when in the judge's discretion the ends
158-14 of justice would best be served, may permit the defendant to serve
158-15 an alternate term for the same period of time in the county jail
158-16 work release program of the county in which the offense occurred
158-17 <if:>
158-18 <(1) the trier of fact determines that the defendant
158-19 did not cause the serious bodily injury or death of another as a
158-20 result of the commission of the offense; and>
158-21 <(2) the judgment for the offense does not contain an
158-22 affirmative finding under Section 3g(a)(2), Article 42.12, of this
158-23 code>.
158-24 (b) A defendant sentenced under this section <or serving a
158-25 period of confinement> who would otherwise be sentenced to
158-26 confinement in jail <or required to serve a period of confinement
158-27 in jail> may earn good conduct credit in the same manner as
159-1 provided by Article 42.032 of this code <Section 1, Chapter 461,
159-2 Acts of the 54th Legislature, Regular Session, 1955 (Article 5118a,
159-3 Vernon's Texas Civil Statutes)>, but only while actually confined.
159-4 <(c) A sheriff or an employee of a sheriff's department is
159-5 not liable for damages arising from an act or failure to act by the
159-6 sheriff or employee in connection with a work program operated
159-7 under this section if the act or failure to act was performed in an
159-8 official capacity.>
159-9 Art. 42.035. ELECTRONIC MONITORING; HOUSE ARREST. (a) A
159-10 court in a county served by a community supervision and corrections
159-11 department <district probation office> that has an electronic
159-12 monitoring program approved by the community justice assistance
159-13 division of the Texas Department of Criminal Justice <Adult
159-14 Probation Commission> may require a defendant to serve all or part
159-15 of a sentence of confinement in county jail by submitting to
159-16 electronic monitoring rather than being confined in the county
159-17 jail.
159-18 (b) A judge, at the time of the pronouncement of a sentence
159-19 of confinement or at any time while the defendant is serving the
159-20 sentence, on the judge's own motion or on the written motion of the
159-21 defendant, may permit the defendant to serve the sentence under
159-22 house arrest, including electronic monitoring and any other
159-23 conditions the court chooses to impose, during the person's
159-24 off-work hours. The judge may require bail of the defendant to
159-25 ensure the faithful performance of the sentence.
159-26 (c) The court may require the defendant to pay to the
159-27 community supervision and corrections department or the county any
160-1 reasonable cost incurred because of the defendant's participation
160-2 in the house arrest program, including the cost of electronic
160-3 monitoring.
160-4 (d) A defendant who submits to electronic monitoring or
160-5 participates in the house arrest program under <Subsection (a) of>
160-6 this section discharges a sentence of confinement without
160-7 deductions, good conduct time credits, or commutations.
160-8 Art. 42.036. COMMUNITY SERVICE. (a) A court may require a
160-9 defendant, other than a defendant convicted of an offense under
160-10 Sections 49.04-49.08, Penal Code, to serve all or part of a
160-11 sentence of confinement or period of confinement required as a
160-12 condition of community supervision <probation> in county jail by
160-13 performing community service rather than by being confined in
160-14 county jail unless the sentence of confinement was imposed by the
160-15 jury in the case.
160-16 (b) In its order requiring a defendant to participate in
160-17 community service work, the court must specify:
160-18 (1) the number of hours the defendant is required to
160-19 work; and
160-20 (2) the entity or organization for which the defendant
160-21 is required to work<;>
160-22 <(3) the project on which the defendant is required to
160-23 work; and>
160-24 <(4) whether the district probation department or a
160-25 court-related services office will perform the administrative
160-26 duties required by the placement of the defendant in the community
160-27 service program>.
161-1 (c) The court may order the defendant to perform community
161-2 service work under this article only for a governmental entity or a
161-3 nonprofit organization that provides services to the general public
161-4 that enhance social welfare and the general well-being of the
161-5 community. A governmental entity or nonprofit organization that
161-6 accepts a defendant under this section to perform community service
161-7 must agree to supervise the defendant in the performance of the
161-8 defendant's work and report on the defendant's work to the
161-9 community supervision and corrections <district probation>
161-10 department or court-related services office.
161-11 (d) The court may require bail of a defendant to ensure the
161-12 defendant's faithful performance of community service and may
161-13 attach conditions to the bail as it determines are proper.
161-14 (e) A court may not order a defendant who is employed to
161-15 perform more than 16 hours per week of community service under this
161-16 article <section> unless the court determines that requiring the
161-17 defendant to work additional hours does not work a hardship on the
161-18 defendant or the defendant's dependents. A court may not order a
161-19 defendant who is unemployed to perform more than 32 hours per week
161-20 of community service under this article, but may direct the
161-21 defendant to use the remaining hours of the week to seek
161-22 employment.
161-23 (f) A defendant is considered to have served one day in jail
161-24 for each eight hours of community service performed under this
161-25 article <section>.
161-26 <(g) An officer or an employee of a governmental entity is
161-27 not liable for damages arising from an act or failure to act by the
162-1 officer or employee in connection with a community service program
162-2 operated under this section if the act or failure to act was
162-3 performed in an official capacity.>
162-4 <(h) A sheriff, employee of a sheriff's department, county
162-5 commissioner, county employee, county judge, employee of a
162-6 community corrections and supervision department, restitution
162-7 center, or officer or employee of a political subdivision other
162-8 than a county is not liable for damages arising from an act or
162-9 failure to act in connection with community service performed by an
162-10 inmate pursuant to this article if the act or failure to act:>
162-11 <(1) was performed pursuant to court order; and>
162-12 <(2) was not intentional, wilfully or wantonly
162-13 negligent, or performed with conscious indifference or reckless
162-14 disregard for the safety of others.>
162-15 Art. 42.08. Cumulative or Concurrent Sentence. (a) When
162-16 the same defendant has been convicted in two or more cases,
162-17 judgment and sentence shall be pronounced in each case in the same
162-18 manner as if there had been but one conviction. Except as provided
162-19 by Sections (b) and (c) of this article, in the discretion of the
162-20 court, the judgment in the second and subsequent convictions may
162-21 either be that the sentence imposed or suspended shall begin when
162-22 the judgment and the sentence imposed or suspended in the preceding
162-23 conviction has ceased to operate, or that the sentence imposed or
162-24 suspended shall run concurrently with the other case or cases, and
162-25 sentence and execution shall be accordingly; provided, however,
162-26 that the cumulative total of suspended sentences in felony cases
162-27 shall not exceed the maximum period of community supervision
163-1 applicable to each offense <10 years>, and the cumulative total of
163-2 suspended sentences in misdemeanor cases shall not exceed the
163-3 maximum period of confinement <imprisonment> in jail applicable to
163-4 the misdemeanor offenses, though in no event more than three years,
163-5 including extensions of periods of community supervision
163-6 <probation> under Section 22 <24>, Article 42.12, of this code, if
163-7 none of the offenses are offenses under Chapter 49, Penal Code
163-8 <Article 6701l-1, Revised Statutes>, or four years, including
163-9 extensions, if any of the offenses are offenses under Chapter 49,
163-10 Penal Code <Article 6701l-1, Revised Statutes>.
163-11 (b) If a defendant is sentenced for an offense committed
163-12 while the defendant was an inmate <a prisoner> in the institutional
163-13 division of the Texas Department of Criminal Justice <Corrections>
163-14 and the defendant has not completed the sentence he was serving at
163-15 the time of the offense, the judge shall order the sentence for the
163-16 subsequent offense to commence immediately on completion of the
163-17 sentence for the original offense.
163-18 (c) If a defendant has been convicted in two or more cases
163-19 and the court suspends the imposition of the sentence in one of the
163-20 cases, the court may not order a sentence of confinement to
163-21 commence on the completion of a suspended sentence for an offense.
163-22 (d) For the purposes of Chapter 12, Penal Code, the
163-23 imposition by a court of:
163-24 (A) concurrent sentences is a single sentencing
163-25 event; and
163-26 (B) consecutive sentences is a multiple
163-27 sentencing event, with the number of sentencing events equaling the
164-1 number of sentences the court orders to run consecutively.
164-2 Art. 42.09. COMMENCEMENT OF SENTENCE AND DELIVERY TO PLACE
164-3 OF CONFINEMENT
164-4 Sec. 1. Except as provided in Sections 2 and 3, a defendant
164-5 shall be delivered to a community supervision and corrections
164-6 department, a jail, or to the institutional division of the Texas
164-7 Department of Criminal Justice <Corrections> when his sentence <to
164-8 imprisonment> is pronounced, or his sentence to death is announced,
164-9 by the court. The defendant's sentence begins to run on the day it
164-10 is pronounced, but with all credits, if any, allowed by Article
164-11 42.03.
164-12 Sec. 2. If a defendant appeals his conviction and is
164-13 released on bail pending disposition of his appeal, when his
164-14 conviction is affirmed, the clerk of the trial court, on receipt of
164-15 the mandate from the appellate court, shall issue a commitment
164-16 against the defendant. The officer executing the commitment shall
164-17 endorse thereon the date he takes the defendant into custody and
164-18 the defendant's sentence begins to run from the date endorsed on
164-19 the commitment. The institutional division of the Texas Department
164-20 of Criminal Justice <Corrections> shall admit the defendant named
164-21 in the commitment on the basis of the commitment.
164-22 Sec. 3. If a defendant is convicted of capital murder,
164-23 murder, a first degree felony, or a second or third degree person
164-24 offense felony, drug offense felony, or public safety offense <a>
164-25 felony and <sentenced to death, life, or a term of more than ten
164-26 years in the Department of Corrections and> he gives notice of
164-27 appeal, he shall be transferred to the institutional division
165-1 <Department of Corrections> on a commitment pending a mandate from
165-2 the court of appeals or the Court of Criminal Appeals, unless he
165-3 demonstrates by a preponderance of the evidence that he is not a
165-4 threat to public safety or at risk of fleeing.
165-5 Sec. 4. If a defendant is convicted of a felony other than a
165-6 felony described by Section 3 of this article and <his sentence is
165-7 a term of ten years or less and> he gives notice of appeal, he may
165-8 not <shall> be transferred to the institutional division of the
165-9 Texas Department of Criminal Justice <Corrections> on a commitment
165-10 pending a mandate from the court of appeals or the Court of
165-11 Criminal Appeals unless the state demonstrates by a preponderance
165-12 of the evidence that the defendant is a threat to public safety or
165-13 at risk of fleeing <upon request in open court or upon written
165-14 request to the sentencing court>. Upon a valid transfer to the
165-15 institutional division <Department of Corrections> under this
165-16 section, the defendant may not thereafter be released on bail
165-17 pending his appeal.
165-18 Sec. 5. If a defendant is transferred to the institutional
165-19 division of the Texas Department of Criminal Justice <Corrections>
165-20 pending appeal under Section 3 or 4, his sentence shall be computed
165-21 as if no appeal had been taken if the appeal is affirmed.
165-22 Sec. 6. All defendants who have been transferred to the
165-23 institutional division of the Texas Department of Criminal Justice
165-24 <Corrections> pending the appeal of their convictions under this
165-25 article <Article,> shall be under the control and authority of the
165-26 institutional division <Department of Corrections> for all purposes
165-27 as if no appeal were pending.
166-1 Sec. 7. If a defendant is sentenced to a term of confinement
166-2 in the institutional division of the Texas Department of Criminal
166-3 Justice <Corrections> but is not transferred to the institutional
166-4 division <Department of Corrections> under Section 3 or 4 of this
166-5 article, the court, before the date on which it would lose
166-6 jurisdiction under Section 6(a) <3e>, Article 42.12, of this code,
166-7 shall send to the department a document containing a statement of
166-8 the date on which the defendant's sentence was pronounced and
166-9 credits earned by the defendant under Article <Section> 42.03 of
166-10 this code as of the date of the statement.
166-11 Sec. 8. (a) A county that transfers a defendant to the
166-12 institutional division of the Texas Department of Criminal Justice
166-13 <Corrections> under this article <Article> shall deliver to the
166-14 director of the division <department>:
166-15 (1) a copy of the judgment entered pursuant to Article
166-16 42.01 of this code, completed on a standardized felony judgment
166-17 form described by Section 4 of that article <Article>;
166-18 (2) a copy of any order revoking probation and
166-19 imposing sentence pursuant to Section 23, <8 of> Article 42.12, of
166-20 this code, including:
166-21 (A) any amounts owed for restitution, fines, and
166-22 court costs, completed on a standardized felony judgment form
166-23 described by Section 4, <of> Article 42.01, of this code; and
166-24 (B) a copy of the client supervision plan
166-25 prepared for the defendant by the community supervision and
166-26 corrections <adult probation> department supervising the defendant,
166-27 if such a plan was prepared;
167-1 (3) a written report that states the nature and the
167-2 seriousness of each offense and that states the citation to the
167-3 provision or provisions of the Penal Code or other law under which
167-4 the defendant was convicted;
167-5 (4) a copy of the victim impact statement, if one has
167-6 been prepared in the case under Article 56.03 of this code;
167-7 (5) a statement as to whether there was a change in
167-8 venue in the case and, if so, the names of the county prosecuting
167-9 the offense and the county in which the case was tried;
167-10 (6) a copy of the record of arrest for each offense;
167-11 (7) information regarding the criminal history of the
167-12 defendant;
167-13 (8) a copy of the indictment or information for each
167-14 offense;
167-15 (9) a checklist sent by the department to the county
167-16 and completed by the county in a manner indicating that the
167-17 documents required by this subsection and Subsection (c) of this
167-18 section accompany the defendant; and
167-19 (10) <a copy of the Criminal Justice Data Report
167-20 prepared under Section 413.018, Government Code; and>
167-21 <(11)> a copy of a presentence investigation report
167-22 prepared under Section 9, Article 42.12 of this code.
167-23 (b) The institutional division of the Texas Department of
167-24 Criminal Justice <Corrections> shall not take a defendant into
167-25 custody under this article <Article> until the director receives
167-26 the documents required by Subsections (a) and (c) of this section.
167-27 (c) A county that transfers a defendant to the institutional
168-1 division of the Texas Department of Criminal Justice <Corrections>
168-2 under this article <Article> shall also deliver to the director of
168-3 the division <department> any presentence investigation report,
168-4 <probation> revocation report, psychological or psychiatric
168-5 evaluation of the defendant, and available social or psychological
168-6 background information relating to the defendant and may deliver to
168-7 the director any additional information upon which the judge or
168-8 jury bases the punishment decision.
168-9 (d) The institutional division of the Texas Department of
168-10 Criminal Justice <Corrections> shall make documents received under
168-11 Subsections (a) and (c) of this section available to the pardons
168-12 and paroles division <Board of Pardons and Paroles> on the request
168-13 of the pardons and paroles division <board or its representative>.
168-14 (e) A county is not required to deliver separate documents
168-15 containing information relating to citations to provisions of the
168-16 Penal Code or other law and to changes of venue, as otherwise
168-17 required by Subsections (a)(3) and (a)(5) of this article
168-18 <Article>, if the standardized felony judgment form described by
168-19 Section 4, <of> Article 42.01, of this code is modified to require
168-20 that information.
168-21 (f) Except as provided by Subsection (g) of this section,
168-22 the county sheriff is responsible for ensuring that documents and
168-23 information required by this section accompany defendants sentenced
168-24 by district courts in the county to terms of confinement in the
168-25 institutional division of the Texas Department of Criminal Justice
168-26 <Corrections>.
168-27 (g) If the presiding judge of the administrative judicial
169-1 region in which the county is located determines that the county
169-2 sheriff is unable to perform the duties required by Subsection (f)
169-3 of this section, the presiding judge may impose those duties on:
169-4 (1) the district clerk; or
169-5 (2) the prosecutor of each district court in the
169-6 county.
169-7 (h) If a parole panel <the board> releases on parole a
169-8 person who is confined in a jail in this state, a federal
169-9 correctional institution, or a correctional institution in another
169-10 state, the pardons and paroles division of the Texas Department of
169-11 Criminal Justice <Board of Pardons and Paroles> shall request the
169-12 sheriff who would otherwise be required to transfer the person to
169-13 the institutional division <Texas Department of Corrections> to
169-14 forward to both divisions <the board and to the department> the
169-15 information described by Subsections (a) and (c) of this section.
169-16 The sheriff shall comply with the request of the pardons and
169-17 paroles division <board>. The pardons and paroles division <board>
169-18 shall determine whether the information forwarded by the sheriff
169-19 under this subsection contains a thumbprint taken <fingerprint>
169-20 from the person in the manner provided by Article 38.33 of this
169-21 code and, if not, the division <board> shall obtain a thumbprint
169-22 taken in the manner provided by that article <10-finger print from
169-23 the person, either by use of the ink-rolled print method or by use
169-24 of a live-scanning device that prints the fingerprint image on
169-25 paper,> and shall forward the thumbprint <10-finger print> to the
169-26 institutional division <department> for inclusion with the
169-27 information sent by the sheriff.
170-1 Art. 42.20. IMMUNITIES. (a) An individual listed in
170-2 Subsection (c) of this article and the governmental entity that the
170-3 individual serves as an officer or employee are not liable for
170-4 damages arising from an act or failure to act by the individual or
170-5 governmental entity in connection with a community service program
170-6 or work program established under this chapter if the act or
170-7 failure to act:
170-8 (1) was performed pursuant to a court order or was
170-9 otherwise performed in an official capacity; and
170-10 (2) was not intentional, wilfully or wantonly
170-11 negligent, or performed with conscious indifference or reckless
170-12 disregard for the safety of others.
170-13 (b) Chapter 101, Civil Practice and Remedies Code, does not
170-14 apply to a claim based on an act or a failure to act of an
170-15 individual listed in Subsection (c) of this article or a
170-16 governmental entity the officer serves as an officer or employee if
170-17 the act or failure to act is in connection with a program described
170-18 by Subsection (a) of this article.
170-19 (c) This article applies to:
170-20 (1) a director of a community supervision and
170-21 corrections department or a restitution center;
170-22 (2) an employee of a community supervision and
170-23 corrections department or a restitution center;
170-24 (3) a sheriff or employee of a sheriff's department;
170-25 (4) a county judge, county commissioner, or county
170-26 employee;
170-27 (5) an officer or employee of a state agency; or
171-1 (6) an officer or employee of a political subdivision
171-2 other than a county.
171-3 SECTION 4.06. Section 8(b)(1), Article 42.18, Code of
171-4 Criminal Procedure, is amended to read as follows:
171-5 (b)(1) A prisoner under sentence of death or sentence of
171-6 life imprisonment without parole is not eligible for parole.
171-7 SECTION 4.07. Chapter 43, Code of Criminal Procedure, is
171-8 amended by amending Articles 43.01, 43.03, 43.08, 43.09, 43.10,
171-9 43.101, 43.11, and 43.12 and adding Article 43.131 to read as
171-10 follows:
171-11 Art. 43.01. Discharging Judgment for Fine. (a) When the
171-12 sentence against an individual defendant is for fine and costs, he
171-13 shall be discharged from the same:
171-14 (1) when the amount thereof has been fully paid; <or>
171-15 (2) when remitted by the proper authority; <or>
171-16 (3) when he has remained in custody for the time
171-17 required by law to satisfy the amount thereof; or
171-18 (4) when the defendant has discharged the amount of
171-19 fines and costs in any other manner permitted by this code.
171-20 (b) When the sentence against a defendant corporation or
171-21 association is for fine and costs, it shall be discharged from
171-22 same:
171-23 (1) when the amount thereof has been fully paid; <or>
171-24 (2) when the execution against the corporation or
171-25 association has been fully satisfied; or
171-26 (3) when the judgment has been fully satisfied in any
171-27 other manner.
172-1 Art. 43.03. Payment of Fine. (a) If a defendant is
172-2 sentenced to pay a fine or costs or both and he defaults in
172-3 payment, the court after a hearing under Subsection (d) of this
172-4 article may order him confined <imprisoned> in jail until
172-5 discharged as provided by law or may order him to discharge the
172-6 fines and costs in any other manner provided by Article 43.09 of
172-7 this code. A certified copy of the judgment, sentence, and order
172-8 is sufficient to authorize confinement under this subsection <such
172-9 imprisonment>.
172-10 (b) A term of imprisonment for default in payment of fine or
172-11 costs or both may not exceed the maximum term of confinement
172-12 <imprisonment> authorized for the offense for which the defendant
172-13 was sentenced to pay the fine or costs or both. If a court orders
172-14 a term of confinement for default in payment of fines or costs
172-15 under this article at a time during which a defendant is serving
172-16 another term of confinement for default or is serving a term of
172-17 confinement for conviction of an offense, the term of confinement
172-18 for default runs concurrently with the other term of confinement,
172-19 unless the court orders the terms to run consecutively under
172-20 Article 42.08 of this code.
172-21 (c) If a defendant is sentenced both to confinement
172-22 <imprisonment> and to pay a fine or costs or both, and he defaults
172-23 in payment of either, a term of confinement <imprisonment> for the
172-24 default, when combined with the term of confinement <imprisonment>
172-25 already assessed, may not exceed the maximum term of confinement
172-26 <imprisonment> authorized for the offense for which the defendant
172-27 was sentenced.
173-1 (d) A court may not order a defendant confined under
173-2 Subsection (a) of this article unless the court at a hearing:
173-3 (1) determines that the defendant is not indigent or
173-4 determines that the defendant wilfully refused to pay or failed to
173-5 make sufficient bona fide efforts legally to acquire the resources
173-6 to pay and enters that determination in writing in the court
173-7 docket; and
173-8 (2) determines that no alternative method of
173-9 discharging fines and costs provided by Article 43.09 of this code
173-10 is appropriate for the defendant.
173-11 Art. 43.08. Further Enforcement Of Judgment. (a) When a
173-12 defendant has been committed to jail in default of the fine and
173-13 costs adjudged against him, the further enforcement of such
173-14 judgment and sentence shall be in accordance with the provisions of
173-15 this Code.
173-16 (b) The attorney representing the state may, for the purpose
173-17 of obtaining information to aid in the enforcement of a judgment,
173-18 initiate and maintain in the court in which the judgment was
173-19 rendered any discovery proceeding authorized in civil pretrial
173-20 matters. The rules governing and related to pretrial discovery
173-21 proceedings in civil matters apply to discovery under this article.
173-22 (c) The attorney representing the state may seek collection
173-23 of the judgment through court proceedings as in civil matters. The
173-24 rules governing and related to the collection of judgments in civil
173-25 matters apply to judgments rendered in criminal matters.
173-26 (d) A defendant may not discharge by confinement in the
173-27 county jail any additional cost or fee taxed against the defendant
174-1 as a result of an attempt to collect a judgment in a criminal
174-2 matter.
174-3 Art. 43.09. Fine Discharged. (a) When a defendant is
174-4 convicted of a misdemeanor and his punishment is assessed at a
174-5 pecuniary fine, if he is unable to pay the fine and costs adjudged
174-6 against him, he may for such time as will satisfy the judgment be
174-7 put to work in the workhouse, or on the county farm, or public
174-8 improvements of the county or a political subdivision located in
174-9 whole or in part in the county, as provided in the succeeding
174-10 article <Article>; or if there be no such workhouse, farm or
174-11 improvements, he shall be confined <imprisoned> in jail for a
174-12 sufficient length of time to discharge the full amount of fine and
174-13 costs adjudged against him; rating such confinement <imprisonment>
174-14 at $50 for each day and rating such labor at $50 for each day;
174-15 provided, however, that the defendant may pay the pecuniary fine
174-16 assessed against him at any time while he is serving at work in the
174-17 workhouse, or on the county farm, or on the public improvements of
174-18 the county or a political subdivision located in whole or in part
174-19 in the county, or while he is serving his jail sentence, and in
174-20 such instances he shall be entitled to the credit he has earned
174-21 under this subsection during the time that he has served and he
174-22 shall only be required to pay his balance of the pecuniary fine
174-23 assessed against him. A defendant who performs labor under this
174-24 article during a day in which he is confined <imprisoned> is
174-25 entitled to both the credit for confinement <imprisonment> and the
174-26 credit for labor provided by this article.
174-27 (b) In its discretion, the court may order that for each
175-1 day's confinement served by a defendant under this article
175-2 <Article>, the defendant receive credit toward payment of the
175-3 pecuniary fine and credit toward payment of costs adjudged against
175-4 the defendant. Additionally, the court may order that the
175-5 defendant receive credit under this article <Article> for each
175-6 day's confinement served by the defendant as punishment for the
175-7 offense.
175-8 (c) In its discretion, the court may order that a defendant
175-9 serving concurrent, but not consecutive, sentences for two or more
175-10 misdemeanors may, for each day served, receive credit toward the
175-11 satisfaction of costs and fines imposed for each separate offense.
175-12 (d) Notwithstanding any other provision of this article, in
175-13 its discretion, the court or the sheriff of the county may grant an
175-14 additional two days credit for each day served to any inmate
175-15 participating in an approved work program under this article or a
175-16 rehabilitation, restitution, or education program.
175-17 (e) A court in a county served by a community supervision
175-18 and corrections department that has an electronic monitoring
175-19 program approved by the community justice assistance division of
175-20 the Texas Department of Criminal Justice may require a defendant
175-21 who is unable to pay a fine or costs to discharge all or part of
175-22 the fine or costs by submitting to electronic monitoring. A
175-23 defendant that submits to electronic monitoring under this
175-24 subsection discharges fines and costs in the same manner as if the
175-25 defendant were confined in county jail.
175-26 (f) A court may require a defendant who is unable to pay a
175-27 fine or costs to discharge all or part of the fine or costs by
176-1 performing community service.
176-2 (g) In its order requiring a defendant to participate in
176-3 community service work under Subsection (f) of this article, the
176-4 court must specify:
176-5 (1) the number of hours the defendant is required to
176-6 work; and
176-7 (2) <the entity or organization for which the
176-8 defendant is required to work;>
176-9 <(3) the project on which the defendant is required to
176-10 work; and>
176-11 <(4)> whether the community supervision and
176-12 corrections <district probation> department or a court-related
176-13 services office will perform the administrative duties required by
176-14 the placement of the defendant in the community service program.
176-15 (h) The court may order the defendant to perform community
176-16 service work under Subsection (f) of this article only for a
176-17 governmental entity or a nonprofit organization that provides
176-18 services to the general public that enhance social welfare and the
176-19 general well-being of the community. A governmental entity or
176-20 nonprofit organization that accepts a defendant under Subsection
176-21 (f) of this article to perform community service must agree to
176-22 supervise the defendant in the performance of the defendant's work
176-23 and report on the defendant's work to the district probation
176-24 department or court-related services office.
176-25 (i) The court may require bail of a defendant to ensure the
176-26 defendant's faithful performance of community service under
176-27 Subsection (f) of this article and may attach conditions to the
177-1 bail as it determines are proper.
177-2 (j) A court may not order a defendant to perform more than
177-3 16 hours per week of community service under Subsection (f) of this
177-4 article unless the court determines that requiring the defendant to
177-5 work additional hours does not work a hardship on the defendant or
177-6 the defendant's dependents.
177-7 (k) A defendant is considered to have discharged $50 of
177-8 fines or costs for each eight hours of community service performed
177-9 under Subsection (f) of this article.
177-10 <(l) A sheriff, employee of a sheriff's department, county
177-11 commissioner, county employee, county judge, an employee of a
177-12 community corrections and supervision department, restitution
177-13 center, or officer or employee of a political subdivision other
177-14 than a county is not liable for damages arising from an act or
177-15 failure to act in connection with manual labor performed by an
177-16 inmate pursuant to this article if the act or failure to act:>
177-17 <(1) was performed pursuant to court order; and>
177-18 <(2) was not intentional, wilfully or wantonly
177-19 negligent, or performed with conscious indifference or reckless
177-20 disregard for the safety of others.>
177-21 Art. 43.10. To Do Manual Labor. <(a)> Where the punishment
177-22 assessed in a conviction for misdemeanor is confinement in jail for
177-23 more than one day, or where in such conviction the punishment is
177-24 assessed only at a pecuniary fine and the party so convicted is
177-25 unable to pay the fine and costs adjudged against him, or where the
177-26 party convicted is required to serve a period of confinement as a
177-27 condition of community supervision <probation>, the party convicted
178-1 or required to serve the period of confinement shall be required to
178-2 do manual labor in accordance with the provisions of this article
178-3 <Article> under the following rules and regulations:
178-4 1. Each commissioners court may provide for the
178-5 erection of a workhouse and the establishment of a county farm in
178-6 connection therewith for the purpose of utilizing the labor of said
178-7 parties so convicted or required to serve a period of confinement;
178-8 2. Such farms and workhouses shall be under the
178-9 control and management of the sheriff, and the sheriff may adopt
178-10 such rules and regulations not inconsistent with the rules and
178-11 regulations of the Texas Commission on Jail Standards and with the
178-12 laws as the sheriff deems necessary;
178-13 3. Such overseers and guards may be employed by the
178-14 sheriff under the authority of the commissioners court as may be
178-15 necessary to prevent escapes and to enforce such labor, and they
178-16 shall be paid out of the county treasury such compensation as the
178-17 commissioners court may prescribe;
178-18 4. They shall be put to labor upon public works,
178-19 including public works for a political subdivision located in whole
178-20 or in part in the county;
178-21 5. One who from age, disease, or other physical or
178-22 mental disability is unable to do manual labor shall not be
178-23 required to work. His inability to do manual labor may be
178-24 determined by a physician appointed for that purpose by the county
178-25 judge or the commissioners court, who shall be paid for such
178-26 service such compensation as said court may allow; and
178-27 6. For each day of manual labor, in addition to any
179-1 other credits allowed by law, a defendant <prisoner> is entitled to
179-2 have one day deducted from each sentence or period of confinement
179-3 he is serving. The deduction authorized by this article, when
179-4 combined with the deduction required by Article 42.10, Code of
179-5 Criminal Procedure, may not exceed two-thirds (2/3) of the sentence
179-6 or period of confinement.
179-7 <(b) A sheriff, employee of a sheriff's department, county
179-8 commissioner, county employee, county judge, and employee of a
179-9 community corrections and supervision department, restitution
179-10 center, or officer or employee of a political subdivision other
179-11 than a county is not liable for damages arising from an act or
179-12 failure to act in connection with manual labor performed by an
179-13 inmate pursuant to this article if the act or failure to act:>
179-14 <(1) was performed pursuant to court order; and>
179-15 <(2) was not intentional, wilfully or wantonly
179-16 negligent, or performed with conscious indifference or reckless
179-17 disregard for the safety of others.>
179-18 Art. 43.101. Voluntary Work by Pretrial Detainees. (a) A
179-19 defendant confined in county jail awaiting trial or a defendant
179-20 confined in county jail after conviction of a felony and awaiting
179-21 transfer to the institutional division of the Texas Department of
179-22 Criminal Justice may volunteer to participate in any work program
179-23 operated by the sheriff that uses the labor of convicted
179-24 defendants.
179-25 (b) The sheriff may accept a defendant as a volunteer under
179-26 Subsection (a) of this section if the defendant is not awaiting
179-27 trial for an offense involving violence or is not awaiting transfer
180-1 to the institutional division of the Texas Department of Criminal
180-2 Justice after conviction of a felony involving violence, and if the
180-3 sheriff determines that the inmate has not engaged previously in
180-4 violent conduct and does not pose a security risk to the general
180-5 public if allowed to participate in the work program.
180-6 <(c) The limitations on liability of a county for damages
180-7 suffered by an inmate participating in a work program operated by
180-8 the sheriff apply to a defendant who volunteers under Subsection
180-9 (a) of this article in the same manner as if the inmate were
180-10 participating in the program after conviction of an offense.>
180-11 Art. 43.11. Authority for Confinement <Imprisonment>. When,
180-12 by the judgment and sentence of the court, a defendant is to be
180-13 confined <imprisoned> in jail, a certified copy of such judgment
180-14 and sentence shall be sufficient authority for the sheriff to place
180-15 such defendant in jail.
180-16 Art. 43.12. Capias for Confinement <Imprisonment>. A capias
180-17 issued for the arrest and commitment of one convicted of a
180-18 misdemeanor, the penalty of which or any part thereof is
180-19 confinement <imprisonment> in jail, shall recite the judgment and
180-20 sentence and command the sheriff to immediately bring <place> the
180-21 defendant before the court <in jail, to remain the length of time
180-22 therein fixed>; and this writ shall be sufficient to authorize the
180-23 sheriff to place the <such> defendant in jail until the defendant
180-24 appears before the court.
180-25 Art. 43.131. IMMUNITIES. (a) An individual listed in
180-26 Subsection (c) of this article and the governmental entity that the
180-27 individual serves as an officer or employee are not liable for
181-1 damages arising from an act or failure to act by the individual or
181-2 governmental entity in connection with a community service program
181-3 or work program established under this chapter if the act or
181-4 failure to act:
181-5 (1) was performed pursuant to a court order or was
181-6 otherwise performed in an official capacity; and
181-7 (2) was not intentional, wilfully or wantonly
181-8 negligent, or performed with conscious indifference or reckless
181-9 disregard for the safety of others.
181-10 (b) Chapter 101, Civil Practice and Remedies Code, does not
181-11 apply to a claim based on an act or a failure to act of an
181-12 individual listed in Subsection (c) of this article or a
181-13 governmental entity the officer serves as an officer or employee if
181-14 the act or failure to act is in connection with a program described
181-15 by Subsection (a) of this article.
181-16 (c) This article applies to:
181-17 (1) a director of a community supervision and
181-18 corrections department or a restitution center;
181-19 (2) an employee of a community supervision and
181-20 corrections department or a restitution center;
181-21 (3) a sheriff or employee of a sheriff's department;
181-22 (4) a county judge, county commissioner, or county
181-23 employee;
181-24 (5) an officer or employee of a state agency; or
181-25 (6) an officer or employee of a political subdivision
181-26 other than a county.
181-27 SECTION 4.08. Subsection (a), Article 44.251, Code of
182-1 Criminal Procedure, is amended to read as follows:
182-2 (a) The court of criminal appeals shall reform a sentence of
182-3 death to a sentence of confinement in the institutional division of
182-4 the Texas Department of Criminal Justice for life if the court
182-5 finds that there is insufficient evidence to support an affirmative
182-6 answer to an issue submitted to the jury under Article 37.071(b) of
182-7 this code or a negative answer to an issue submitted to a jury
182-8 under Subsection (e) or (f), Article 37.071,<(e)> of this code.
182-9 ARTICLE 5
182-10 SECTION 5.01. (a) Chapter 413, Government Code, is amended
182-11 to read as follows:
182-12 CHAPTER 413. CRIMINAL JUSTICE POLICY COUNCIL
182-13 Sec. 413.001. DEFINITIONS <DEFINITION>. In this chapter:
182-14 (1) "Advisory committee" means the advisory committee
182-15 to the Criminal Justice Policy Council.
182-16 (2) "Policy<, "policy> council" means the Criminal
182-17 Justice Policy Council.
182-18 Sec. 413.002. CRIMINAL JUSTICE POLICY COUNCIL. <(a)> The
182-19 Criminal Justice Policy Council is an agency of the state.
182-20 Sec. 413.003. ADVISORY COMMITTEE. (a) The advisory
182-21 committee to the policy council consists of:
182-22 (1) the chairman of the criminal justice committee of
182-23 the senate;
182-24 (2) at the discretion of the speaker of the house of
182-25 representatives, the chairman of either the criminal jurisprudence
182-26 committee or the corrections committee of the house of
182-27 representatives;
183-1 (3) four members appointed by the governor, consisting
183-2 of:
183-3 (A) a county sheriff;
183-4 (B) a peace officer other than a county sheriff;
183-5 (C) a criminal defense lawyer; and
183-6 (D) a representative of victims of crime; and
183-7 (4) five members appointed by the presiding judge of
183-8 the Texas Court of Criminal Appeals, consisting of:
183-9 (A) a judge serving on a court of appeals;
183-10 (B) a district judge hearing criminal cases;
183-11 (C) a county court at law judge hearing
183-12 misdemeanor cases;
183-13 (D) a practicing district attorney or criminal
183-14 district attorney; and
183-15 (E) a community supervision and corrections
183-16 department officer.
183-17 (b) The advisory committee shall advise the executive
183-18 director of the policy council on matters affecting the duties of
183-19 the policy council.
183-20 (c) A member of the advisory committee appointed by the
183-21 governor serves at the pleasure of the governor. A member of the
183-22 advisory committee appointed by the presiding judge of the Texas
183-23 Court of Criminal Appeals serves at the pleasure of the presiding
183-24 judge.
183-25 (d) Service on the advisory committee of a public officer or
183-26 employee is an additional duty of the office or employment.
183-27 (e) A member of the advisory committee serves without
184-1 compensation for service on the committee but is entitled to
184-2 reimbursement for actual and necessary expenses incurred in
184-3 performing committee duties.
184-4 (f) The governor shall appoint the chairman of the advisory
184-5 committee. The chairman shall appoint a vice-chairman to preside
184-6 at meetings in the chairman's absence.
184-7 (g) The advisory committee shall meet at least quarterly and
184-8 at the call of the chairman.
184-9 <(b) The membership of the policy council consists of:>
184-10 <(1) the governor, lieutenant governor, and speaker of
184-11 the house of representatives;>
184-12 <(2) four members of the senate appointed by the
184-13 lieutenant governor, one of whom must be the chairman of the
184-14 criminal justice committee;>
184-15 <(3) four members of the house of representatives
184-16 appointed by the speaker, one of whom must be the chairman of the
184-17 criminal jurisprudence committee; and>
184-18 <(4) six members appointed by the governor, one of
184-19 whom must be a district judge, one of whom must be a district
184-20 attorney or criminal district attorney, one of whom must be a
184-21 county judge, one of whom must be a county sheriff, and one of whom
184-22 must be a county commissioner.>
184-23 Sec. 413.004 <413.003>. SUNSET PROVISION. The Criminal
184-24 Justice Policy Council is subject to Chapter 325 (Texas Sunset
184-25 Act). Unless continued in existence as provided by that chapter,
184-26 the council is abolished September 1, 1997.
184-27 <Sec. 413.004. TENURE OF APPOINTED MEMBER. An appointed
185-1 member of the policy council serves at the pleasure of the
185-2 appointing officer.>
185-3 <Sec. 413.005. SERVICE ADDITIONAL DUTY OF OFFICE. Service
185-4 on the policy council of a public officer or employee is an
185-5 additional duty of the office or employment.>
185-6 <Sec. 413.006. COMPENSATION AND REIMBURSEMENT. A member of
185-7 the policy council serves without compensation for service on the
185-8 council but is entitled to reimbursement for actual and necessary
185-9 expenses incurred in performing council duties.>
185-10 Sec. 413.005 <413.007>. APPOINTMENT OF OTHER ADVISORY
185-11 BODIES. The policy council may establish other advisory councils,
185-12 task forces, or commissions it considers necessary to accomplish
185-13 the purposes of this chapter.
185-14 Sec. 413.006 <413.008>. GENERAL DUTY OF POLICY COUNCIL. The
185-15 policy council shall develop means to promote a more effective and
185-16 cohesive state criminal justice system.
185-17 Sec. 413.007 <413.009>. DUTIES OF POLICY COUNCIL. To
185-18 accomplish its duties the policy council shall:
185-19 (1) conduct an in-depth analysis of the criminal
185-20 justice system;
185-21 (2) determine the long-range needs of the criminal
185-22 justice system and recommend policy priorities for the system;
185-23 (3) identify critical problems in the criminal justice
185-24 system and recommend strategies to solve those problems;
185-25 (4) assess the cost-effectiveness of the use of state
185-26 and local funds in the criminal justice system;
185-27 (5) recommend the goals, priorities, and standards for
186-1 the allocation of criminal justice planning funds administered by
186-2 the criminal justice division;
186-3 (6) recommend means to improve the deterrent and
186-4 rehabilitative capabilities of the criminal justice system;
186-5 (7) advise and assist the legislature in developing
186-6 plans, programs, and proposed legislation for improving the
186-7 effectiveness of the criminal justice system;
186-8 (8) make computations of daily costs and compare
186-9 interagency costs on services provided by agencies that are a part
186-10 of the criminal justice system;
186-11 (9) make population computations for use in planning
186-12 for the long-range needs of the criminal justice system;
186-13 (10) determine long-range information needs of the
186-14 criminal justice system and acquire that information;
186-15 (11) engage in other activities consistent with the
186-16 responsibilities of the policy council; and
186-17 (12) analyze criminal justice legislation proposed in
186-18 the legislature and report to the legislature on the:
186-19 (A) legal and policy justifications for the
186-20 legislation;
186-21 (B) appropriate ranking, according to the
186-22 principles established in Section 413.014, of:
186-23 (i) new offenses proposed by the
186-24 legislation; and
186-25 (ii) changes in existing offenses or
186-26 punishments proposed by the legislation;
186-27 (C) potential population impact on the criminal
187-1 justice system of the legislation; and
187-2 (D) short-term and long-term costs of the
187-3 proposed legislation <implement the criminal justice data report>.
187-4 <Sec. 413.010. PRESIDING OFFICERS. The governor is the
187-5 chairman of the policy council. The lieutenant governor is the
187-6 vice-chairman and presides at meetings in the governor's absence.
187-7 The speaker of the house of representatives presides at meetings
187-8 when both the governor and lieutenant governor are absent.>
187-9 <Sec. 413.011. MEETINGS. The policy council shall meet at
187-10 least quarterly and at the call of its chairman.>
187-11 Sec. 413.008 <413.012>. CONTRACTUAL AUTHORITY. <(a)> The
187-12 policy council may contract with public or private entities in the
187-13 performance of its responsibilities.
187-14 <(b) The policy council may contract with the criminal
187-15 justice center at Sam Houston State University to provide
187-16 information important to the work of either council.>
187-17 Sec. 413.009 <413.013>. GRANTS AND DONATIONS. The policy
187-18 council may accept grants and donations from public and private
187-19 entities in addition to legislative appropriations.
187-20 Sec. 413.010 <413.014>. EXECUTIVE DIRECTOR; STAFF. (a) The
187-21 executive director is appointed by the governor with the advice and
187-22 consent of the senate. The executive director may not work for any
187-23 agency or office of the state other than the policy council and may
187-24 not perform duties for any other state agency or office that
187-25 negatively affect the performance of the executive director's
187-26 duties as executive director of the policy council.
187-27 (b) The executive director may employ personnel necessary to
188-1 administer the responsibilities of the policy council.
188-2 Sec. 413.011 <413.015>. CRIMINAL JUSTICE PLAN; BIANNUAL
188-3 <ANNUAL> REPORT. (a) The policy council biannually <annually>
188-4 shall submit to the legislature a plan detailing the actions
188-5 necessary to promote an effective and cohesive criminal justice
188-6 system.
188-7 (b) The policy council shall include in the plan a report of
188-8 its activities and the recommendations it makes under Sections
188-9 413.007 and 413.013 <Section 413.009>.
188-10 Sec. 413.012 <413.016>. STATISTICAL ANALYSIS CENTER. The
188-11 policy council shall serve as the statistical analysis center for
188-12 the state and as the liaison for the state to the United States
188-13 Department of Justice on criminal justice issues of interest to the
188-14 state and federal government relating to data, information systems,
188-15 and research.
188-16 Sec. 413.013 <413.017>. SPECIAL PROJECTS. <(a)> Before
188-17 January 1, 1994 <1991>, the policy council shall conduct <prepare
188-18 and report to the legislature>:
188-19 (1) <a design for conducting> a comprehensive study of
188-20 juvenile justice disposition <sentencing> patterns and practices in
188-21 this state; and
188-22 (2) <an evaluation of formulas for the fair and
188-23 equitable allocation of prison beds to local jurisdictions;>
188-24 <(3) a study that develops uniform definitions of the
188-25 term "recidivism" and "revocation rate"; and>
188-26 <(4)> an examination of the reporting requirements
188-27 imposed by the state on municipal, county, and district clerk
189-1 offices and justices of the peace offices that relate to criminal
189-2 justice system processing, with recommendations relating to the
189-3 consolidation, simplification, or elimination of requirements where
189-4 appropriate.
189-5 Sec. 413.014. OFFENSE RANKING. (a) The advisory committee
189-6 shall report to the legislature concerning the appropriate ranking
189-7 of new offenses proposed by the legislature, changes in existing
189-8 offenses proposed by the legislature, and changes in existing
189-9 punishments proposed by the legislature.
189-10 (b) The advisory committee shall perform its duties under
189-11 this section using the following principles:
189-12 (1) offenses are to be considered as they typically
189-13 occur, if a typical case scenario can be ascertained;
189-14 (2) severity depends on the importance of the interest
189-15 that is protected by the offense, as described in Subsection (c);
189-16 (3) severity depends secondarily on the culpable
189-17 mental state of the actor; and
189-18 (4) severity may be adjusted for special
189-19 circumstances, such as a particularly vulnerable victim or other
189-20 aggravating circumstances.
189-21 (c) The following interests are protected by offenses, in
189-22 order of descending importance:
189-23 (1) harm to persons, including physical or sexual harm
189-24 and the emotional harm of threatened or actual physical or sexual
189-25 harm;
189-26 (2) harm to public safety;
189-27 (3) harm to public trust and authority;
190-1 (4) harm to property; and
190-2 (5) harm to decency and morals.
190-3 <(b) The design prepared under Subsection (a)(1) must
190-4 include:>
190-5 <(1) a statement of the specific objectives of the
190-6 comprehensive study;>
190-7 <(2) methodology;>
190-8 <(3) schedules for the study;>
190-9 <(4) a description of the resources necessary for the
190-10 study; and>
190-11 <(5) two pilot sampling programs, capable of testing
190-12 the design.>
190-13 <(c) Before January 1, 1993, the policy council shall
190-14 prepare a study on and report to the legislature about statewide
190-15 sentencing dynamics. The report must include a detailed profile of
190-16 felons sentenced to the institutional division and felons placed on
190-17 probation. The policy council shall design the study to provide
190-18 the legislature with information necessary to perform a proper
190-19 revision of the Penal Code and statutes relating to sentencing in
190-20 criminal cases.>
190-21 <Sec. 413.018. CRIMINAL JUSTICE DATA REPORT. (a) Not later
190-22 than September 1, 1992, the policy council shall prepare for and
190-23 distribute to each district court in this state with felony
190-24 jurisdiction a data collection report form.>
190-25 <(b) The policy council shall design the data collection
190-26 report form to collect all information relevant to a sentence in a
190-27 felony case or to a pretrial diversion or grant of deferred
191-1 adjudication in a felony case as well as any other information
191-2 determined necessary by the policy council.>
191-3 <(c) The attorney representing the state shall complete the
191-4 data collection report for each felony conviction in which the
191-5 defendant is sentenced to the institutional division of the Texas
191-6 Department of Criminal Justice and shall include a copy of the data
191-7 collection report in the documents sent to the division under
191-8 Article 42.09, Code of Criminal Procedure. In any disposition of a
191-9 felony case that does not include confinement in the institutional
191-10 division, the attorney representing the state shall send a copy of
191-11 the report to the community supervision and corrections department
191-12 serving the court.>
191-13 <(d) If a sentence in a criminal case is imposed pursuant to
191-14 a plea bargain, the attorney representing the state shall include
191-15 that information in the data collection report.>
191-16 (b) The governor and the presiding judge of the Texas Court
191-17 of Criminal Appeals shall appoint their respective appointees to
191-18 the advisory committee to the Criminal Justice Policy Council on or
191-19 before _____________.
191-20 SECTION 5.02. Section 493.009, Government Code, is amended
191-21 to read as follows:
191-22 Sec. 493.009. SUBSTANCE ABUSE FELONY PUNISHMENT FACILITIES.
191-23 (a) The department, through the community justice assistance
191-24 division and the pardons and paroles division and with the
191-25 cooperation of the Texas Commission on Alcohol and Drug Abuse,
191-26 shall establish a program to confine and treat persons <defendants>
191-27 punished under Section 14, Article 42.12, Code of Criminal
192-1 Procedure <12.422, Penal Code>.
192-2 (b) The department and the Texas Commission on Alcohol and
192-3 Drug Abuse shall jointly develop methods of screening and assessing
192-4 persons punished <inmates sentenced> under Section 14, Article
192-5 42.12, Code of Criminal Procedure <12.422, Penal Code>, to
192-6 determine their need for specific types of treatment for alcohol or
192-7 drug abuse problems. The board shall adopt and periodically review
192-8 criteria for admission under this section. The board shall publish
192-9 the criteria in the Texas Register and deliver the criteria to each
192-10 judicial district in the state.
192-11 (c) The program for persons punished <sentenced> under
192-12 Section 14, Article 42.12, Code of Criminal Procedure <12.422,
192-13 Penal Code>, must consist of treatment programs that may vary in
192-14 time from six months to 12 months. The department shall also
192-15 establish and provide treatment programs for persons in categories
192-16 described by Subsections (g)(1)-(3) who are housed in beds
192-17 otherwise provided for persons punished <sentenced> under Section
192-18 14, Article 42.12, Code of Criminal Procedure <12.422, Penal Code>.
192-19 (d) The program for persons punished <sentenced> under
192-20 Section 14, Article 42.12, Code of Criminal Procedure <12.422,
192-21 Penal Code>, provided under this section must contain highly
192-22 structured work, education, and treatment schedules, a clearly
192-23 delineated authority structure, and well-defined goals and
192-24 guidelines. The department shall establish a graded system of
192-25 rewards and sanctions for inmates who participate in the program,
192-26 but a defendant punished <sentenced> under Section 14, Article
192-27 42.12, Code of Criminal Procedure <12.422, Penal Code>, is not
193-1 entitled to earn awards of time for good conduct. A qualified
193-2 professional, at least every 60 days, must perform an evaluation on
193-3 a defendant, other than a defendant whose underlying offense is an
193-4 offense under Chapter 49, Penal Code <Article 6701l-1, Revised
193-5 Statutes>, that determines the defendant's treatment progress and
193-6 institutional behavior. The professional must perform the
193-7 evaluation on a defendant whose underlying offense is an offense
193-8 under Chapter 49, Penal Code <Article 6701l-1, Revised Statutes>,
193-9 at least every 28 days. Not later than three days after the date
193-10 on which a four-month evaluation is performed, or in the case of a
193-11 defendant whose underlying offense is an offense under Chapter 49,
193-12 Penal Code <Article 6701l-1, Revised Statutes>, three days after
193-13 the date on which a 28-day evaluation is performed, the qualified
193-14 professional shall establish a tentative release date for the
193-15 defendant, notify the sentencing court of that fact, and include
193-16 with the notice a copy of the four-month or 28-day evaluation, as
193-17 appropriate. The qualified professional immediately shall notify
193-18 the court if the professional determines the defendant's conduct
193-19 requires a revision of the tentative release date.
193-20 (e) The department shall contract through the Texas
193-21 Commission on Alcohol and Drug Abuse with nonprofit organizations
193-22 to provide qualified professionals to implement the program for
193-23 persons punished <sentenced> under Section 14, Article 42.12, Code
193-24 of Criminal Procedure <12.422, Penal Code>. For purposes of this
193-25 subsection, a "qualified professional" is a person who:
193-26 (1) is a certified alcohol and drug abuse counselor;
193-27 (2) is a certified social worker or advanced clinical
194-1 practitioner and who has at least two years of experience in
194-2 chemical dependency counseling; or
194-3 (3) is a licensed professional counselor, physician,
194-4 or psychologist and who has at least two years of experience in
194-5 chemical dependency counseling.
194-6 (f) The department shall adopt rules of conduct for inmates
194-7 participating in the program for persons punished <sentenced> under
194-8 Section 14, Article 42.12, Code of Criminal Procedure <12.422,
194-9 Penal Code>.
194-10 (g) The department shall provide 12,000 beds for the purpose
194-11 of operating the program for persons punished <sentenced> under
194-12 Section 14, Article 42.12, Code of Criminal Procedure <12.422,
194-13 Penal Code>, except that the beds may also be used to house the
194-14 following categories of persons:
194-15 (1) persons transferred under Subchapter A, Chapter
194-16 499, Government Code, and Section 8(i), Article 42.18, Code of
194-17 Criminal Procedure;
194-18 (2) persons whose probation or parole has been
194-19 modified or revoked; and
194-20 (3) inmates confined in county jails awaiting transfer
194-21 to the institutional division.
194-22 (h) On and after the date persons are punished <sentenced>
194-23 under Section 14, Article 42.12, Code of Criminal Procedure
194-24 <12.422, Penal Code>, to participate in the program established
194-25 under this section, the department shall give priority to housing
194-26 those persons over the categories of persons described by
194-27 Subsections (g)(1)-(3).
195-1 (i) The department shall make quarterly reports to the
195-2 Legislative Criminal Justice Board that show the ratio of persons
195-3 in beds reserved under Subsection (g) who have been punished
195-4 <sentenced> under Section 14, Article 42.12, Code of Criminal
195-5 Procedure <12.422, Penal Code>, to persons in those beds who have
195-6 been sent to the facilities by other methods.
195-7 (j) The department shall recover from a program participant
195-8 the cost to the department of providing treatment, to the extent
195-9 the participant has insurance that covers the treatment or is
195-10 otherwise able to pay for the treatment.
195-11 (k) It is the intent of the legislature that facilities
195-12 established under this section be used primarily to house persons
195-13 punished <sentenced> under Section 14, Article 42.12, Code of
195-14 Criminal Procedure <12.422, Penal Code>, except that if treatment
195-15 beds are empty, this subsection does not prohibit the department
195-16 from using those empty beds to treat the categories of persons
195-17 listed in Subsection (g).
195-18 (l) The department shall identify inmates confined in county
195-19 jails who are awaiting transfer to the institutional division and
195-20 who because of their need for treatment of drug or alcohol problems
195-21 require transfer to a substance abuse felony punishment facility.
195-22 The department may order the county to transfer an inmate to such a
195-23 facility. If the board finds that a county has failed to fully
195-24 cooperate with the department in evaluating and transferring
195-25 inmates under this section, the board shall notify the Commission
195-26 on Jail Standards of that fact. On notice from the board, the
195-27 commission may reduce or suspend payments under Subchapter F,
196-1 Chapter 499, or may suspend the certification of the county jail as
196-2 provided by Section 511.012.
196-3 (m) Notwithstanding any other provision of this section, the
196-4 department is authorized to provide substance abuse felony
196-5 punishment facilities, not to exceed 500 beds, for newly provided
196-6 alcohol and drug abuse beds exclusively for persons whose probation
196-7 or parole has been modified or revoked.
196-8 (n) The department may determine that a defendant punished
196-9 under Section 14, Article 42.12, Code of Criminal Procedure, is not
196-10 a suitable candidate for treatment in the program created under
196-11 this section. A court's recommendation that a defendant be placed
196-12 in a program created under this section does not give the court the
196-13 power to hold the department or any officer or employee of the
196-14 department in contempt of court for failure to adhere to that
196-15 recommendation.
196-16 SECTION 5.03. (a) Section 498.002, Government Code, is
196-17 amended to read as follows:
196-18 Sec. 498.002. CLASSIFICATION AND RECLASSIFICATION. The
196-19 institutional division shall classify each inmate as soon as
196-20 practicable on the inmate's arrival at the division and, subject to
196-21 the requirements of Section 498.005, shall reclassify the inmate as
196-22 circumstances warrant. Each inmate must be classified according to
196-23 the inmate's conduct, obedience, industry, and criminal history.
196-24 The director of the institutional division shall maintain a record
196-25 on each inmate showing each classification and reclassification of
196-26 the inmate with the date and reason for each classification or
196-27 reclassification. The institutional division may classify each
197-1 inmate on the inmate's arrival at the division in a time-earning
197-2 category that does not allow the inmate to earn more than four <30>
197-3 days' good conduct time for each 30 days actually served.
197-4 (b) The change in law made by this section applies only to
197-5 an inmate sentenced for an offense committed on or after the
197-6 effective date of this section. For the purposes of this section,
197-7 an offense is committed before the effective date of this section
197-8 if any element of the offense occurs before the effective date. An
197-9 inmate sentenced for an offense committed before the effective date
197-10 of this section is covered by the law in effect when the offense
197-11 was committed, and the former law is continued in effect for that
197-12 purpose.
197-13 SECTION 5.04. (a) Section 498.003, Government Code, is
197-14 amended to read as follows:
197-15 Sec. 498.003. Accrual of Good Conduct Time. (a) Good
197-16 conduct time applies only to determining the date on which an
197-17 inmate is released from the physical custody of the institutional
197-18 division <eligibility for parole or mandatory supervision as
197-19 provided by Section 8, Article 42.18, Code of Criminal Procedure,
197-20 and does not otherwise affect an inmate's term>. Good conduct time
197-21 is a privilege and not a right. Regardless of the classification
197-22 of an inmate, the director of the institutional division may grant
197-23 good conduct time to the inmate only if the director finds that the
197-24 inmate is actively engaged in an agricultural, vocational, <or>
197-25 educational, <endeavor> or <in an> industrial program or other work
197-26 program, unless the director finds that the inmate is not capable
197-27 of participating in such a program <an endeavor>. For the purposes
198-1 of this subsection, the term "engaged in an educational program"
198-2 includes the participation of the inmate as a tutor or a pupil in a
198-3 literacy program authorized by Section 501.005. The institutional
198-4 division may not award good conduct time for participation in a
198-5 literacy program unless the division determines the inmate
198-6 participated in good faith and with diligence as a tutor or pupil.
198-7 (b) An inmate accrues good conduct time according to the
198-8 inmate's classification in amounts as follows:
198-9 (1) 6 <20> days for each 30 days actually served while
198-10 the inmate is classified as a trusty<, except that the director of
198-11 the institutional division may award the inmate not more than 10
198-12 extra days for each 30 days actually served>;
198-13 (2) 4 <20> days for each 30 days actually served while
198-14 the inmate is classified as a Class I inmate; and
198-15 (3) 2 <10> days for each 30 days actually served while
198-16 the inmate is classified as a Class II inmate.
198-17 (c) An inmate may not accrue good conduct time during any
198-18 period the inmate is classified as a Class III inmate <or is on
198-19 parole or under mandatory supervision>.
198-20 (d) <An inmate may accrue good conduct time, in an amount
198-21 determined by the director of the institutional division that does
198-22 not exceed 15 days for each 30 days actually served, for diligent
198-23 participation in an industrial program or other work program or for
198-24 participation in an agricultural, educational, or vocational
198-25 program provided to inmates by the institutional division. For the
198-26 purposes of this subsection, the term "participation in an
198-27 educational program" includes the participation of the inmate as a
199-1 tutor or a pupil in a literacy program authorized by Section
199-2 501.005. The institutional division may not award good conduct
199-3 time under this subsection for participation in a literacy program
199-4 unless the division determines that the inmate participated in good
199-5 faith and with diligence as a tutor or pupil.>
199-6 <(e)> If a person confined in a county jail is transferred
199-7 to the institutional division, the director of the institutional
199-8 division shall award good conduct time to the person up to an
199-9 amount equal to that which the person could have accrued during the
199-10 period of imprisonment in the county jail if instead the person had
199-11 been incarcerated in the division during that period.
199-12 (b) The change in law made by this section applies only to
199-13 an inmate sentenced for an offense committed on or after the
199-14 effective date of this section. For the purposes of this section,
199-15 an offense is committed before the effective date of this section
199-16 if any element of the offense occurs before the effective date. An
199-17 inmate sentenced for an offense committed before the effective date
199-18 of this section is covered by the law in effect when the offense
199-19 was committed, and the former law is continued in effect for that
199-20 purpose.
199-21 SECTION 5.05. (a) Section 498.004(b), Government Code, is
199-22 amended to read as follows:
199-23 (b) On the revocation of post-imprisonment <parole or
199-24 mandatory> supervision of an inmate, the inmate forfeits all good
199-25 conduct time previously accrued. On return to the institutional
199-26 division the inmate may accrue new good conduct time for subsequent
199-27 time served in the division. The director of the institutional
200-1 division may restore good conduct time forfeited on a revocation
200-2 that does not involve a new criminal conviction after the inmate
200-3 has served at least three months of good behavior in the
200-4 institutional division, subject to rules adopted by the division.
200-5 Not later than the 60th day after the date an inmate is returned to
200-6 the institutional division following a revocation of
200-7 post-imprisonment <parole or mandatory> supervision, the revoking
200-8 judge <pardons and paroles division> shall notify the director of
200-9 the institutional division of the grounds for revocation.
200-10 (b) The change in law made by this section applies only to
200-11 an inmate sentenced for an offense committed on or after the
200-12 effective date of this section. For the purposes of this section,
200-13 an offense is committed before the effective date of this section
200-14 if any element of the offense occurs before the effective date. An
200-15 inmate sentenced for an offense committed before the effective date
200-16 of this section is covered by the law in effect when the offense
200-17 was committed, and the former law is continued in effect for this
200-18 purpose.
200-19 SECTION 5.06. Section 499.0021(b), Government Code, is
200-20 amended to read as follows:
200-21 (b) The pardons and paroles division may assume custody of
200-22 an inmate who is eligible for transfer under this section not
200-23 earlier than one year before the inmate's presumptive parole date.
200-24 The inmate becomes a pre-parolee on the date the pardons and
200-25 paroles division assumes custody, and the pardons and paroles
200-26 division immediately shall transfer the pre-parolee to a facility
200-27 under contract with the division, which may be a community
201-1 residential facility, a community corrections facility listed in
201-2 Section 10, Article 42.131 <6(b), Article 42.13>, Code of Criminal
201-3 Procedure, or a county correctional facility. A pre-parolee
201-4 transferred under this section is considered to be in the actual
201-5 physical custody of the pardons and paroles division.
201-6 SECTION 5.07. Section 499.003(d), Government Code, is
201-7 amended to read as follows:
201-8 (d) The pardons and paroles division may request of a
201-9 sheriff that the sheriff forward to the pardons and paroles
201-10 division copies of any records possessed by the sheriff that are
201-11 relevant to the pardons and paroles division in its determination
201-12 as to whether to transfer a person from the county jail to a secure
201-13 community residential facility, and the pardons and paroles
201-14 division shall request the sheriff to forward to the institutional
201-15 division and to the pardons and paroles division the information
201-16 relating to the defendant the sheriff would be required under
201-17 Section 8, Article 42.09, Code of Criminal Procedure, to deliver to
201-18 the institutional division had the defendant been transferred to
201-19 the institutional division. The pardons and paroles division
201-20 shall determine whether the information forwarded by the sheriff
201-21 contains a thumbprint taken <fingerprint> from the person in the
201-22 manner provided by Article 38.33, Code of Criminal Procedure, and,
201-23 if not, the pardons and paroles division shall obtain a thumbprint
201-24 in the manner provided by that article <10-finger print from the
201-25 person, either by use of the ink-rolled print method or by use of a
201-26 live-scanning device that prints the fingerprint on paper>, and
201-27 shall forward the thumbprint <10-finger print> to the institutional
202-1 division for inclusion with the information sent by the sheriff.
202-2 The sheriff shall comply with a request from the pardons and
202-3 paroles division made under this subsection.
202-4 SECTION 5.08. The section heading of Section 499.052,
202-5 Government Code, is amended to read as follows:
202-6 Sec. 499.052. STATE BOOT CAMP <ALTERNATIVE INCARCERATION>
202-7 PROGRAM <For Probationers>.
202-8 SECTION 5.09. The subchapter heading of Subchapter D,
202-9 Chapter 499, Government Code, is amended to read as follows:
202-10 SUBCHAPTER D. ALLOCATION FORMULAS <FORMULA>
202-11 SECTION 5.10. Section 499.071, Government Code, is amended
202-12 to read as follows:
202-13 Sec. 499.071. ALLOCATION FORMULA. (a) The board shall
202-14 <develop,> adopt<,> and enforce an allocation formula that fairly
202-15 and equitably allocates to each county <or group of counties served
202-16 by a community corrections and supervision department> the number
202-17 of institutional division admissions allocated to the county <or
202-18 counties> until sufficient capacity is available in the
202-19 institutional division. In devising the formula, the board shall
202-20 consider relevant factors for each county <or group of counties>
202-21 served by a department and shall assign weights to those factors as
202-22 determined appropriate by the board. The factors shall include but
202-23 are not limited to:
202-24 (1) the percentage of prison admissions for the entire
202-25 state that were used by the county <or counties> in the preceding
202-26 12 months;
202-27 (2) the percentage of the state's violent index crime
203-1 that occurred in the county <or counties> in the preceding 12
203-2 months;
203-3 (3) the percentage of the state's total index crime
203-4 that occurred in the county <or counties> in the preceding 12
203-5 months;
203-6 (4) the percentage of the state's total arrests under
203-7 Chapter 481, Health and Safety Code, that occurred in the county
203-8 <or counties> in the preceding 12 months;
203-9 (5) the percentage of the state's population residing
203-10 in the county <or counties>;
203-11 (6) the percentage of the state's total unemployment
203-12 in the county <or counties>; and
203-13 (7) the percentage of all defendants serving sentences
203-14 for felonies who were paroled from the institutional division, a
203-15 jail in this state, a federal correctional institution, or a jail
203-16 or correctional institution in another state in the preceding 12
203-17 months and who were released to reside in the county <or counties>.
203-18 (b) The board shall adopt and enforce an allocation formula
203-19 that fairly and equitably allocates community corrections program
203-20 funding to each community supervision and corrections department,
203-21 in the manner provided by Section 11(a)(3), Article 42.13, Code of
203-22 Criminal Procedure. In devising the formula, the board shall use
203-23 the factors listed in Subsection (a), but may assign different
203-24 weights to those factors than those used in developing the
203-25 admissions allocation formula. The board also may use factors not
203-26 listed in Subsection (a) in devising the formula under this
203-27 subsection.
204-1 (c) If the board is unable to obtain for a factor listed in
204-2 Subsection (a) information for the preceding 12-month period, the
204-3 board shall consider the most recent information available for that
204-4 factor.
204-5 (d) <(c)> The board shall revise each <the> formula
204-6 annually.
204-7 SECTION 5.11. Section 501.015(b), Government Code, is
204-8 amended to read as follows:
204-9 (b) When an inmate is discharged or is released on parole,
204-10 mandatory supervision, or conditional pardon, the inmate is
204-11 entitled to receive $200 from the institutional division as
204-12 provided by this subsection. The department shall give the inmate
204-13 $100 on discharge. A supervision <parole> officer to whom the
204-14 inmate is required to report <by the pardons and paroles division>
204-15 shall give the inmate the remaining $100 if the inmate reports to
204-16 the officer within the time specified by the board. If an inmate
204-17 is released and is not required <by the pardons and paroles
204-18 division> to report to a supervision <parole> officer or is
204-19 authorized <by the pardons and paroles division> to report to a
204-20 location outside this state, the institutional division shall give
204-21 the inmate $200 on discharge or release.
204-22 ARTICLE 6
204-23 SECTION 6.01. Section 1, Article 42.18, Code of Criminal
204-24 Procedure, is amended to read as follows:
204-25 Sec. 1. INTENT; APPLICABILITY. (a) It is the intent of
204-26 this article to provide for the release of appropriate persons on
204-27 parole, to designate the Board of Pardons and Paroles as the
205-1 exclusive authority to determine paroles, and to aid all prisoners
205-2 to readjust to society upon completion of their period of
205-3 incarceration by providing a program of mandatory supervision for
205-4 those prisoners not released on parole or through executive
205-5 clemency. It is the final intent of this article to remove from
205-6 existing statutes the limitations, other than questions of
205-7 constitutionality, that have acted as barriers to effective systems
205-8 of parole and mandatory supervision in the public interest.
205-9 (b) This article applies only to a prisoner serving a
205-10 sentence for an offense committed before September 1, 1994. For
205-11 the purposes of this section, an offense is committed before
205-12 September 1, 1994, only if every element of the offense occurs
205-13 before that date.
205-14 SECTION 6.02. Chapter 42, Code of Criminal Procedure, is
205-15 amended by adding Article 42.181 to read as follows:
205-16 Art. 42.181. INMATES SENTENCED FOR OFFENSES COMMITTED ON OR
205-17 AFTER SEPTEMBER 1, 1994. (a) An inmate serving a sentence in the
205-18 institutional division of the Texas Department of Criminal Justice
205-19 for an offense committed on or after September 1, 1994, is not
205-20 eligible for release on parole or mandatory supervision, and may
205-21 earn good conduct time only in the manner and to the extent
205-22 provided by Section 498.003, Government Code.
205-23 (b) This article is not intended to prevent, limit, or
205-24 interfere with the constitutional power of the governor to grant
205-25 pardons and commute sentences.
205-26 (c) For the purposes of this section, an offense is
205-27 committed on or after September 1, 1994, if any element of the
206-1 offense is committed on or after that date.
206-2 ARTICLE 7
206-3 SECTION 7.01. CREATION. The Texas Commission on Juvenile
206-4 Issues is created to study juvenile issues, with an emphasis on the
206-5 juvenile justice system in this state.
206-6 SECTION 7.02. POWERS AND DUTIES. (a) The commission may
206-7 issue subpoenas to the same extent and under the same rules as a
206-8 standing committee of the legislature.
206-9 (b) The commission shall study and analyze all laws, rules,
206-10 and regulations applicable to juveniles in this state, including:
206-11 (1) the provisions of the Family Code;
206-12 (2) the law governing and the rules adopted by the
206-13 Texas Juvenile Probation Commission;
206-14 (3) the law governing and the rules adopted by the
206-15 Texas Youth Commission;
206-16 (4) the law governing and the rules adopted by the
206-17 Central Education Agency;
206-18 (5) the law governing and the rules adopted by the
206-19 Department of Protective and Regulatory Services;
206-20 (6) the law governing the licensing and regulation of
206-21 facilities serving juveniles; and
206-22 (7) the law governing juvenile records and the sharing
206-23 of information concerning juveniles.
206-24 (c) In addition to the issues studied under Subsection (b)
206-25 of this section, the commission shall study:
206-26 (1) services available to juveniles that are provided
206-27 by a public or private entity or by a for-profit or nonprofit
207-1 entity; and
207-2 (2) the elements of pre-delinquent and at-risk
207-3 behavior in juveniles.
207-4 (d) After completing the study, the commission shall propose
207-5 legislation to:
207-6 (1) revise the law applicable to juveniles to ensure
207-7 that:
207-8 (A) adequate services are available to
207-9 juveniles, including services for pre-delinquent and at-risk youth;
207-10 (B) information and records are available to
207-11 appropriate agencies and authorities, while maintaining safeguards
207-12 for confidentiality and privacy;
207-13 (C) a mechanism is provided for the coordination
207-14 of juvenile services across agency lines and jurisdictional
207-15 boundaries;
207-16 (D) a mechanism is provided for the licensing
207-17 and regulation of facilities and programs offering services to
207-18 juveniles; and
207-19 (E) a mechanism is provided to maximize the
207-20 availability and use of federal funds for juvenile programs and
207-21 facilities;
207-22 (2) adequately expand residential facilities to serve
207-23 juveniles through a contract with or under the supervision of a
207-24 local probation authority or the Texas Youth Commission;
207-25 (3) adequately expand the juvenile probation and
207-26 parole system, including the provision of special supervision and
207-27 treatment programs, to allow juveniles released on probation or
208-1 parole to receive supervision or treatment based on risk and need;
208-2 and
208-3 (4) address other issues raised as a result of the
208-4 study.
208-5 SECTION 7.03. COMPOSITION. (a) The commission is composed
208-6 of 11 members, seven of whom are appointed by the governor, two of
208-7 whom are members of the senate appointed by the lieutenant
208-8 governor, and two of whom are members of the house of
208-9 representatives appointed by the speaker of the house of
208-10 representatives. In making appointments under this section, the
208-11 governor shall attempt to ensure participation on the commission by
208-12 women and minorities, including African Americans, Hispanic
208-13 Americans, Native Americans, and Asian Americans. Each member
208-14 serves at the pleasure of the official by whom the member is
208-15 appointed.
208-16 (b) The governor shall designate one member to serve as
208-17 chairman and one member to serve as vice-chairman.
208-18 (c) All members of the commission shall be generally
208-19 experienced in juvenile justice matters. In addition, there shall
208-20 be at least one member of the commission experienced in and
208-21 currently serving in each of the following positions:
208-22 (1) a trial judge who hears juvenile cases;
208-23 (2) a prosecutor of juvenile cases;
208-24 (3) a public defender in juvenile cases;
208-25 (4) an administrator of a juvenile justice system; and
208-26 (5) a constitutional county judge.
208-27 SECTION 7.04. REIMBURSEMENT. Members of the commission are
209-1 not entitled to compensation but are entitled to reimbursement for
209-2 actual and necessary expenses incurred in performing their official
209-3 duties.
209-4 SECTION 7.05. STAFF; CONTRACTS. (a) The commission may
209-5 hire staff as needed to provide data collection, analysis,
209-6 research, and other support services for the commission.
209-7 (b) The commission may contract with agencies of the state
209-8 or private consultants for expert assistance in developing profiles
209-9 for pre-delinquent or at-risk youth and other analytical services.
209-10 SECTION 7.06. ADVISORY COMMITTEES. (a) Three advisory
209-11 committees, one composed of representatives of education agencies,
209-12 one composed of representatives of social services agencies, and
209-13 one composed of representatives of nonprofit private sector
209-14 interest groups, are created to advise the commission in the
209-15 performance of its duties under this article.
209-16 (b) An advisory committee composed of nine representatives
209-17 of education agencies designated by the commission shall be
209-18 appointed. A member of the advisory committee shall be appointed
209-19 by the executive director of a designated agency as required by the
209-20 commission.
209-21 (c) An advisory committee composed of nine representatives
209-22 of social services agencies designated by the commission shall be
209-23 appointed. A member of the advisory committee shall be appointed
209-24 by the executive director of a designated agency as required by the
209-25 commission.
209-26 (d) An advisory committee composed of 11 representatives of
209-27 nonprofit private sector interest groups involved with juvenile
210-1 justice issues shall be appointed by the members of the commission,
210-2 with each commission member appointing one member of the advisory
210-3 committee.
210-4 (e) An advisory committee member appointed by the executive
210-5 director of a state agency must be authorized by the executive
210-6 director to officially represent the interests of the agency.
210-7 (f) An advisory committee member appointed by the executive
210-8 director of a state agency is not entitled to compensation or
210-9 reimbursement of expenses for service on the advisory committee
210-10 unless the compensation or reimbursement is paid by the state
210-11 agency that the advisory committee member is appointed to
210-12 represent. Advisory committee members appointed by members of the
210-13 commission are not entitled to compensation but are entitled to
210-14 reimbursement for actual and necessary expenses incurred in
210-15 performing their official duties as advisory committee members.
210-16 SECTION 7.07. SUBMISSION. The commission shall submit the
210-17 proposed legislation described by Section 7.02(d) of this article
210-18 to the governor, the lieutenant governor, and the speaker of the
210-19 house of representatives not later than _________________.
210-20 SECTION 7.08. INITIAL APPOINTMENTS. (a) The governor, the
210-21 lieutenant governor, and the speaker of the house of
210-22 representatives shall make their appointments not later than the
210-23 ____ day after the effective date of this article.
210-24 (b) The members of the commission and the designated state
210-25 agency executive directors shall make appointments to the advisory
210-26 committees under Section 7.06 of this article not later than the
210-27 ____ day after all members of the commission are appointed.
211-1 ARTICLE 8
211-2 SECTION 8.01. From the unissued balance of general
211-3 obligation bonds that are authorized under Article III, Section
211-4 49-h, of the Texas Constitution, the Texas Public Finance Authority
211-5 shall issue bonds in the amount of $54 million and distribute the
211-6 proceeds for the purposes specified in the appropriation for the
211-7 Texas Department of Criminal Justice made by Section 8.02(a) of
211-8 this Act.
211-9 SECTION 8.02. (a) In addition to other amounts appropriated
211-10 for the fiscal biennium ending August 31, 1993, the sum of $54
211-11 million is appropriated to the Texas Department of Criminal Justice
211-12 from the proceeds of the issuance of bonds previously authorized
211-13 under Article III, Section 49-h, of the Texas Constitution for the
211-14 two-year period beginning on the date the proceeds are available
211-15 for the payment of expenses incurred in acquiring, constructing, or
211-16 equipping 4,500 regional work facility beds.
211-17 (b) In addition to other amounts appropriated for the fiscal
211-18 biennium ending August 31, 1995, the following sums are
211-19 appropriated to the Texas Department of Criminal Justice from the
211-20 general revenue fund:
211-21 (1) to the institutional division, for the operation
211-22 of 4,500 regional work facility beds:
211-23 (A) $36,000,000 for the fiscal year ending
211-24 August 31, 1994; and
211-25 (B) the unexpended balance of Paragraph (A) for
211-26 the fiscal year ending August 31, 1995; and
211-27 (2) to the community justice assistance division:
212-1 (A) for supervision:
212-2 (i) $107,000,000 for the fiscal year
212-3 ending August 31, 1994; and
212-4 (ii) $107,000,000 for the fiscal year
212-5 ending August 31, 1995;
212-6 (B) for diversionary target programs:
212-7 (i) $104,526,100 for the fiscal year
212-8 ending August 31, 1994; and
212-9 (ii) $104,526,100 for the fiscal year
212-10 ending August 31, 1995; and
212-11 (C) for community corrections programs:
212-12 (i) $249,706,900 for the fiscal year
212-13 ending August 31, 1994; and
212-14 (ii) $249,706,900 for the fiscal year
212-15 ending August 31, 1995.
212-16 ARTICLE 9
212-17 SECTION 9.01. This Act takes effect September 1, 1994,
212-18 except that Article 8 of this Act takes effect immediately.
212-19 SECTION 9.02. The importance of this legislation and the
212-20 crowded condition of the calendars in both houses create an
212-21 emergency and an imperative public necessity that the
212-22 constitutional rule requiring bills to be read on three several
212-23 days in each house be suspended, and this rule is hereby suspended,
212-24 and that this Act take effect and be in force according to its
212-25 terms, and it is so enacted.