By: Hinojosa S.B. No. 1070

(Moody)

A BILL TO BE ENTITLED

AN ACT

relating to allowing certain defendants to successfully complete education at a substance abuse treatment facility in lieu of attending an education program; changing required conditions of community supervision for certain defendants.

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

SECTION 1. Section 13, Article 42.12, Code of Criminal Procedure, is amended by amending Subsections (h) and (j) and adding Subsection (o) to read as follows:

(h) If a person convicted of an offense under Sections 49.04-49.08, Penal Code, is placed on community supervision, the judge shall require, as a condition of the community supervision, that the defendant attend and successfully complete before the 181st day after the day community supervision is granted an educational program jointly approved by the Department of State Health Services [Texas Commission on Alcohol and Drug Abuse], the Department of Public Safety, the Traffic Safety Section of the Texas Department of Transportation, and the community justice assistance division of the Texas Department of Criminal Justice designed to rehabilitate persons who have driven while intoxicated. The executive commissioner of the Health and Human Services [Texas] Commission [on Alcohol and Drug Abuse] shall publish the jointly approved rules and the Department of State Health Services shall monitor, coordinate, and provide training to persons providing the educational programs. The Department of State Health Services [Texas Commission on Alcohol and Drug Abuse] is responsible for the administration of the certification of approved educational programs and may charge a nonrefundable application fee for the initial certification of approval and for renewal of a certificate. The judge may waive the educational program requirement or may grant an extension of time to successfully complete the program that expires not later than one year after the beginning date of the person's community supervision, however, if the defendant by a motion in writing shows good cause. In determining good cause, the judge may consider but is not limited to: the defendant's school and work schedule, the defendant's health, the distance that the defendant must travel to attend an educational program, and the fact that the defendant resides out of state, has no valid driver's license, or does not have access to transportation. The judge shall waive the educational program requirement if the defendant successfully completes equivalent education at a residential treatment facility under Subsection (o). The judge shall set out in the judgment the finding of good cause for waiver or the finding that the defendant has successfully completed equivalent education as provided by Subsection (o), as applicable [in the judgment]. If a defendant is required, as a condition of community supervision, to attend an educational program or if the court waives the educational program requirement or the defendant successfully completes equivalent education under Subsection (o), the court clerk shall immediately report that fact to the Department of Public Safety, on a form prescribed by the department, for inclusion in the person's driving record. If the court grants an extension of time in which the person may complete the program, the court clerk shall immediately report that fact to the Department of Public Safety on a form prescribed by the department. The report must include the beginning date of the person's community supervision. Upon the person's successful completion of the educational program, the person's instructor shall give notice to the Department of Public Safety for inclusion in the person's driving record and to the community supervision and corrections department. The community supervision and corrections department shall then forward the notice to the court clerk for filing. Upon release from a residential treatment facility at which the person successfully completed equivalent education under Subsection (o), at the request of the court clerk, the director of the residential treatment facility shall give notice to the Department of Public Safety for inclusion in the person's driving record. If the Department of Public Safety does not receive notice that a defendant required to complete an educational program has successfully completed the program within the period required by this section, as shown on department records, the department shall revoke the defendant's driver's license, permit, or privilege or prohibit the person from obtaining a license or permit, as provided by Sections 521.344(e) and (f), Transportation Code. The Department of Public Safety may not reinstate a license suspended under this subsection unless the person whose license was suspended makes application to the department for reinstatement of the person's license and pays to the department a reinstatement fee of $100. The Department of Public Safety shall remit all fees collected under this subsection to the comptroller for deposit in the general revenue fund. This subsection does not apply to a defendant if a jury recommends community supervision for the defendant and also recommends that the defendant's driver's license not be suspended.

(j) The judge shall require a defendant who is punished under Section 49.09, Penal Code, as a condition of community supervision, to attend and successfully complete an educational program for repeat offenders approved by the Department of State Health Services [Texas Commission on Alcohol and Drug Abuse]. The executive commissioner of the Health and Human Services [Texas] Commission [on Alcohol and Drug Abuse] shall adopt rules and the Department of State Health Services shall monitor, coordinate, and provide training to persons providing the educational programs. The Department of State Health Services [Texas Commission on Alcohol and Drug Abuse] is responsible for the administration of the certification of approved educational programs and may charge a nonrefundable application fee for initial certification of approval or for renewal of the certification. The judge may waive the educational program requirement [only] if the defendant by a motion in writing shows good cause. In determining good cause, the judge may consider the defendant's school and work schedule, the defendant's health, the distance that the defendant must travel to attend an educational program, and whether the defendant resides out of state or does not have access to transportation. The judge shall waive the educational program requirement if the defendant successfully completes equivalent education at a residential treatment facility under Subsection (o). The judge shall set out in the judgment the finding of good cause for waiver or the finding that the defendant has successfully completed equivalent education as provided by Subsection (o), as applicable [in the judgment]. If a defendant is required, as a condition of community supervision, to attend an educational program, the court clerk shall immediately report that fact to the Department of Public Safety, on a form prescribed by the department, for inclusion in the defendant's driving record. The report must include the beginning date of the defendant's community supervision. On the defendant's successful completion of the educational program for repeat offenders, the defendant's instructor shall give notice to the Department of Public Safety for inclusion in the defendant's driving record and to the community supervision and corrections department. The community supervision and corrections department shall then forward the notice to the court clerk for filing. If the Department of Public Safety does not receive notice that a defendant required to complete an educational program has successfully completed the program for repeat offenders within the period required by the judge, as shown on department records, the department shall revoke the defendant's driver's license, permit, or privilege or prohibit the defendant from obtaining a license or permit, as provided by Sections 521.344(e) and (f), Transportation Code.

(o) A judge shall waive the educational requirement under Subsection (h) or (j) for a defendant who is required to receive treatment as a resident of a substance abuse treatment facility as a condition of community supervision if the defendant successfully completes equivalent education while the defendant is confined to the residential treatment facility. The Department of State Health Services shall approve equivalent education provided at substance abuse treatment facilities and the executive commissioner of the Health and Human Services Commission shall adopt rules to implement this subsection. For purposes of this subsection, a substance abuse treatment facility includes:

(1) a substance abuse treatment facility or substance abuse felony punishment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code;

(2) a community corrections facility, as defined by Section 509.001, Government Code; or

(3) a chemical dependency treatment facility licensed under Chapter 464, Health and Safety Code.

SECTION 2. Sections 521.374, 521.375, and 521.376, Transportation Code, are amended to read as follows:

Sec. 521.374. EDUCATIONAL PROGRAM OR EQUIVALENT EDUCATION. (a) A person whose license is suspended under Section 521.372 may:

(1) attend an educational program, approved by the Department of State Health Services [Texas Commission on Alcohol and Drug Abuse] under rules adopted by the executive commissioner of the Health and Human Services Commission [commission] and the department, that is designed to educate persons on the dangers of drug abuse; or

(2) successfully complete education on the dangers of drug abuse approved by the Department of State Health Services as equivalent to the educational program described by Subdivision (1), while the person is a resident of a facility for the treatment of drug abuse or chemical dependency, including:

(A) a substance abuse treatment facility or substance abuse felony punishment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code;

(B) a community corrections facility, as defined by Section 509.001, Government Code; or

(C) a chemical dependency treatment facility licensed under Chapter 464, Health and Safety Code.

(b) The period of suspension or prohibition under Section 521.372(c) continues for an indefinite period until the individual successfully completes the educational program or is released from the residential treatment facility at which the individual successfully completed equivalent education, as applicable.

Sec. 521.375. JOINT ADOPTION OF RULES. (a) The executive commissioner of the Health and Human Services [Texas] Commission [on Alcohol and Drug Abuse] and the department shall jointly adopt rules for the qualification and approval of:

(1) providers of educational programs under Section 521.374(a)(1); and

(2) equivalent education provided in a residential treatment facility described by Section 521.374(a)(2) [521.374].

(b) The Department of State Health Services [Texas Commission on Alcohol and Drug Abuse] shall publish the jointly adopted rules.

Sec. 521.376. DUTIES OF DEPARTMENT OF STATE HEALTH SERVICES [TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE]; APPLICATION AND RENEWAL FEES. The Department of State Health Services [Texas Commission on Alcohol and Drug Abuse]:

(1) shall monitor, coordinate, and provide training to:

(A) persons who provide educational programs under Section 521.374(a)(1) [521.374]; and

(B) residential treatment facilities described by Section 521.374(a)(2) providing equivalent education;

(2) shall administer the approval of the [those] educational programs and the equivalent education provided in a residential treatment facility; and

(3) may charge a nonrefundable application fee to the provider of an educational program under Section 521.374(a)(1) for:

(A) initial certification of approval; and

(B) renewal of the certification.

SECTION 3. Section 521.377(a), Transportation Code, is amended to read as follows:

(a) The department, on payment of the applicable fee, shall reinstate a person's license or, if the person otherwise qualifies for a license, issue the license, if:

(1) the department receives notification from the clerk of the court in which the person was convicted that the person has successfully completed an educational program under Section 521.374(a)(1) or equivalent education in a residential treatment facility under Section 521.374(a)(2) [this subchapter]; and

(2) the person's driver's license has been suspended or license application denied for at least the period provided by Section 521.372(c).

SECTION 4. (a) The change in law made by this Act to Section 13, Article 42.12, Code of Criminal Procedure, applies to a defendant placed on community supervision on or after the effective date of this Act, regardless of whether the offense for which the defendant was placed on community supervision occurred before, on, or after that date.

(b) The change in law made by this Act to Subchapter P, Chapter 521, Transportation Code, applies to a person whose driver's license is suspended on final conviction of an offense on or after the effective date of this Act, regardless of whether the offense occurred before, on, or after that date.

SECTION 5. This Act takes effect September 1, 2015.