79R7865 GWK-D

By:  Harris                                                       S.B. No. 1007



A BILL TO BE ENTITLED

AN ACT

relating to the placement of a defendant in the state boot camp 
program as a condition of deferred adjudication community 
supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5, Article 42.12, Code of Criminal 
Procedure, is amended by adding Subsection (i) to read as follows:
	(i)  For the purposes of Subsection (a), a reasonable 
condition of community supervision for a defendant placed on 
community supervision under this section is placement of the 
defendant in the state boot camp program under Section 8, but only 
if the defendant is of the age and physical and mental capability 
otherwise required under Section 8(a) for participation in the 
program.
	SECTION 2.  Section 8, Article 42.12, Code of Criminal 
Procedure, is amended by adding Subsection (d) to read as follows:
	(d)  If a judge requires a defendant to participate in the 
state boot camp program as a condition of deferred adjudication 
community supervision, the placement period may not exceed 180 
days.  On the 76th day after a defendant described by this 
subsection is placed in the program, the department shall send the  
judge placing the defendant in the program all information 
described by Subsection (b).
	SECTION 3.  Section 499.052, Government Code, is amended by 
amending Subsections (a) and (d) and adding Subsection (e) to read 
as follows:
	(a)  The institutional division shall establish a program to 
confine persons who are required to serve not more than 180 days in 
the institutional division as a condition of a sentence imposed 
under Section 8, Article 42.12, Code of Criminal Procedure, or as a 
condition of deferred adjudication community supervision under 
Section 5 of that article.  The institutional division may limit the 
number of persons participating in the program.
	(d)  The institutional division shall adopt rules of conduct 
for persons participating in the program under this section.  If the 
institutional division determines that a person is not complying 
with the rules or is medically or psychologically unsuitable for 
the program, the division shall end the person's participation in 
the program and request the sentencing court to reassume custody of 
the person.  Except as provided by Subsection (e), if [If] the court 
does not reassume custody and remove the person from the 
institutional division before the 12th day after the date the 
division notifies the court, the division shall transfer the person 
from the program to any unit within the division for the duration of 
the person's sentence or until further order of the court, provided 
the order is entered before the expiration of the 180 days from the 
date the execution of sentence actually begins.  Except as provided 
by Subsection (e), if [If] on the 181st day after a person begins 
participation in the program the court has not suspended the 
imposition of the person's sentence of confinement, the 
institutional division shall transfer the person from the program 
to any unit within the division.
	(e)  A court that requires a defendant to participate in the 
state boot camp program as a condition of deferred adjudication 
community supervision shall reassume custody of the defendant not 
later than the 12th day after the court receives from the 
institutional division a notice of noncompliance or unsuitability 
under Subsection (d).  If the court does not receive the notice from 
the institutional division, the court shall nonetheless reassume 
custody of the defendant not later than the 181st day after the date 
on which the defendant was placed in the program.
	SECTION 4.  This Act takes effect September 1, 2005.