By: Turner, et al. (Senate Sponsor - Ellis) H.B. No. 1205

(In the Senate - Received from the House May 13, 2011; May 13, 2011, read first time and referred to Committee on Criminal Justice; May 19, 2011, reported favorably by the following vote: Yeas 7, Nays 0; May 19, 2011, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for reducing or terminating community supervision and the establishment of certain time credits through which a defendant's period of community supervision is reduced.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 20(a), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(a) At any time after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less, the period of community supervision may be reduced or terminated by the judge. On completion of one-half of the original community supervision period or two years of community supervision, whichever is more, the judge shall review the defendant's record and consider whether to reduce or terminate the period of community supervision, unless the defendant is delinquent in paying required restitution, fines, costs, or fees that the defendant has the ability to pay or the defendant has not completed court-ordered counseling or treatment. Before reducing or terminating a period of community supervision or conducting a [the] review under this section, the judge shall notify the attorney representing the state and the defendant or, if the defendant has an attorney, the defendant's attorney. If the judge determines that the defendant has failed to satisfactorily fulfill the conditions of community supervision, the judge shall advise the defendant in writing of the requirements for satisfactorily fulfilling those conditions. Upon the satisfactory fulfillment of the conditions of community supervision, and the expiration of the period of community supervision, the judge, by order duly entered, shall amend or modify the original sentence imposed, if necessary, to conform to the community supervision period and shall discharge the defendant. If the judge discharges the defendant under this section, the judge may set aside the verdict or permit the defendant to withdraw the defendant's plea, and shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which the defendant has been convicted or to which the defendant has pleaded guilty, except that:

(1) proof of the conviction or plea of guilty shall be made known to the judge should the defendant again be convicted of any criminal offense; and

(2) if the defendant is an applicant for a license or is a licensee under Chapter 42, Human Resources Code, the Health and Human Services Commission may consider the fact that the defendant previously has received community supervision under this article in issuing, renewing, denying, or revoking a license under that chapter.

SECTION 2. Article 42.12, Code of Criminal Procedure, is amended by adding Section 20A to read as follows:

Sec. 20A. TIME CREDITS FOR COMPLETION OF CERTAIN CONDITIONS OF COMMUNITY SUPERVISION. (a) This section applies only to a defendant who:

(1) is granted community supervision, including deferred adjudication community supervision, for an offense punishable as a state jail felony or a felony of the third degree, other than an offense:

(A) under Chapter 49, Penal Code;

(B) involving family violence as defined by Section 71.004, Family Code;

(C) included as a "reportable conviction or adjudication" under Article 62.001(5); or

(D) under Section 20.03 or 28.02, Penal Code;

(2) is not delinquent in paying required fines, costs, or fees; and

(3) has fully satisfied any order to pay restitution to a victim.

(b) A defendant described by Subsection (a) is entitled to receive any combination of time credits toward the completion of the defendant's period of community supervision in accordance with this section if the court ordered the defendant as a condition of community supervision to:

(1) earn a certificate, diploma, or degree described by Subsection (c);

(2) make a payment described by Subsection (d); or

(3) complete a treatment or rehabilitation program described by Subsection (e).

(c) A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for earning the following certificates, diplomas, or degrees:

(1) a high school diploma or high school equivalency certificate: 90 days; and

(2) an associate's degree: 120 days.

(d) A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for the full payment of court costs, fines, attorney's fees, and restitution as follows:

(1) court costs: 15 days;

(2) fines: 30 days;

(3) attorney's fees: 30 days; and

(4) restitution: 60 days.

(e) A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for the successful completion of treatment or rehabilitation programs as follows:

(1) alcohol or substance abuse counseling or treatment: 90 days;

(2) vocational, technical, or career education or training program: 60 days;

(3) parenting class or parental responsibility program: 30 days;

(4) anger management program: 30 days; and

(5) life skills training program: 30 days.

(f) A defendant's supervision officer shall notify the court if one or more time credits under this section, cumulated with the amount of the original community supervision period the defendant has completed, allow or require the court to conduct a review of the defendant's community supervision under Section 20. On receipt of the notice from the supervision officer, the court shall conduct the review of the defendant's community supervision to determine if the defendant is eligible for a reduction or termination of community supervision under Section 20, taking into account any time credits to which the defendant is entitled under this section when determining if the defendant has completed, as applicable:

(1) the lesser of one-third of the original community supervision period or two years of community supervision; or

(2) the greater of one-half of the original community supervision period or two years of community supervision.

(g) A court may order that some or all of the credit to which a defendant is entitled under this section be forfeited if, before the expiration of the original period or a reduced period of community supervision, the court:

(1) after a hearing under Section 21, finds that a defendant violated one or more conditions of community supervision; and

(2) modifies or continues the defendant's period of community supervision under Section 22 or revokes the defendant's community supervision under Section 23.

SECTION 3. Section 20A, Article 42.12, Code of Criminal Procedure, as added by this Act, applies only to a defendant granted community supervision for an offense that is committed on or after the effective date of this Act. A defendant granted community supervision for an offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and that law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 4. This Act takes effect September 1, 2011.

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