|
SECTION 1. Article 42A.301,
Code of Criminal Procedure, is amended to read as follows:
Art. 42A.301. BASIC
DISCRETIONARY CONDITIONS. (a) The judge of the court having
jurisdiction of the case shall determine the conditions of community
supervision based on the results of a risk and needs assessment
conducted with respect to the defendant. The assessment must be conducted
using an instrument that is validated for the purpose of assessing the
risks and needs of a defendant placed on community supervision. The
judge may impose any reasonable condition that is not duplicative of
another condition and that is designed to protect or restore the
community, protect or restore the victim, or punish, rehabilitate, or
reform the defendant. In determining the conditions, the judge:
(1) may only impose the least restrictive condition necessary
to achieve the purpose for which the condition is imposed; and
(2) shall consider the
extent to which the conditions impact the defendant's:
(A) work, education, and
community service schedule or obligations; and
(B) ability to meet
financial obligations.
(b) Conditions of
community supervision may include conditions requiring the defendant to:
(1) commit no offense
against the laws of this state or of any other state or of the United
States;
(2) avoid injurious or
vicious habits;
(3) avoid persons or places
of disreputable or harmful character, including any person, other than a
family member of the defendant, who is an active member of a criminal
street gang;
(4) report to the
supervision officer as directed by the judge or supervision officer and
obey all rules and regulations of the community supervision and corrections
department;
(5) permit the supervision
officer to visit the defendant at the defendant's home or elsewhere;
(6) work faithfully at
suitable employment to the extent possible;
(7) remain within a
specified place;
(8) pay in one or more
amounts:
(A) the defendant's fine, if
one is assessed; and
(B) all court costs,
regardless of whether a fine is assessed;
(9) support the defendant's
dependents;
(10) participate, for a
period specified by the judge, in any community-based program, including a
community service project under Article 42A.304;
(11) reimburse the county in
which the prosecution was instituted as follows:
(A) if counsel was
appointed, an amount for compensation paid to appointed counsel for
defending the defendant in the case; or
(B) if the defendant was
represented by a public defender's office, an amount that would have been
paid to an appointed attorney had the county not had a public defender's
office;
(12) if under custodial
supervision in a community corrections facility:
(A) remain under that
supervision;
(B) obey all rules and
regulations of the facility; and
(C) pay a percentage of the
defendant's income to:
(i) the facility for room
and board; and
(ii) the defendant's
dependents for their support during the period of custodial supervision;
(13) submit to testing for
alcohol or controlled substances if
the defendant's risk and needs assessment indicated that the use of alcohol
or a controlled substance:
(A) contributed to the commission of the offense; or
(B) would increase the likelihood that the defendant will
commit another offense;
(14) attend counseling
sessions for substance abusers or participate in substance abuse treatment
services in a program or facility approved or licensed by the Department of
State Health Services;
(15) with the consent of the
victim of a misdemeanor offense or of any offense under Title 7, Penal
Code, participate in victim-defendant mediation;
(16) submit to electronic
monitoring;
(17) reimburse the
compensation to victims of crime fund for any amounts paid from that fund
to or on behalf of a victim, as defined by Article 56.32, of the offense or
if no reimbursement is required, make one payment to the compensation to
victims of crime fund in an amount not to exceed $50 if the offense is a
misdemeanor or not to exceed $100 if the offense is a felony;
(18) reimburse a law
enforcement agency for the analysis, storage, or disposal of raw materials,
controlled substances, chemical precursors, drug paraphernalia, or other
materials seized in connection with the offense;
(19) pay all or part of the
reasonable and necessary costs incurred by the victim for psychological counseling
made necessary by the offense or for counseling and education relating to
acquired immune deficiency syndrome or human immunodeficiency virus made
necessary by the offense;
(20) make one payment in an
amount not to exceed $50 to a crime stoppers organization, as defined by
Section 414.001, Government Code, and as certified by the Texas Crime
Stoppers Council;
(21) submit a DNA sample to
the Department of Public Safety under Subchapter G, Chapter 411, Government
Code, for the purpose of creating a DNA record of the defendant;
(22) in any manner required
by the judge, provide in the county in which the offense was committed
public notice of the offense for which the defendant was placed on
community supervision; and
(23) reimburse the county in
which the prosecution was instituted for compensation paid to any
interpreter in the case.
(c) In imposing the conditions of community supervision, the
judge may not order the defendant to pay any amount, including an amount to
reimburse any cost, unless the judge determines that the defendant is
financially able to pay the amount.
|
SECTION 1. Article 42A.301,
Code of Criminal Procedure, is amended to read as follows:
Art. 42A.301. BASIC
DISCRETIONARY CONDITIONS. (a) The judge of the court having
jurisdiction of the case shall determine the conditions of community
supervision based on the results of a risk and needs assessment
conducted with respect to the defendant. The assessment must be conducted
using an instrument that is validated for the purpose of assessing the
risks and needs of a defendant placed on community supervision. The
judge may impose any reasonable condition that is not duplicative of
another condition and that is designed to protect or restore the
community, protect or restore the victim, or punish, rehabilitate, or
reform the defendant. In determining the conditions, the judge
shall consider the extent
to which the conditions impact the defendant's:
(1) work, education, and
community service schedule or obligations; and
(2) ability to meet
financial obligations.
(b) Conditions of
community supervision may include conditions requiring the defendant to:
(1) commit no offense
against the laws of this state or of any other state or of the United
States;
(2) avoid injurious or vicious
habits;
(3) avoid persons or places
of disreputable or harmful character, including any person, other than a
family member of the defendant, who is an active member of a criminal
street gang;
(4) report to the
supervision officer as directed by the judge or supervision officer and
obey all rules and regulations of the community supervision and corrections
department;
(5) permit the supervision
officer to visit the defendant at the defendant's home or elsewhere;
(6) work faithfully at
suitable employment to the extent possible;
(7) remain within a
specified place;
(8) pay in one or more
amounts:
(A) the defendant's fine, if
one is assessed; and
(B) all court costs,
regardless of whether a fine is assessed;
(9) support the defendant's
dependents;
(10) participate, for a
period specified by the judge, in any community-based program, including a
community service project under Article 42A.304;
(11) reimburse the county in
which the prosecution was instituted as follows:
(A) if counsel was appointed,
an amount for compensation paid to appointed counsel for defending the
defendant in the case; or
(B) if the defendant was
represented by a public defender's office, an amount that would have been
paid to an appointed attorney had the county not had a public defender's
office;
(12) if under custodial
supervision in a community corrections facility:
(A) remain under that
supervision;
(B) obey all rules and
regulations of the facility; and
(C) pay a percentage of the
defendant's income to:
(i) the facility for room
and board; and
(ii) the defendant's
dependents for their support during the period of custodial supervision;
(13) submit to testing for
alcohol or controlled substances;
(14) attend counseling
sessions for substance abusers or participate in substance abuse treatment
services in a program or facility approved or licensed by the Department of
State Health Services;
(15) with the consent of the
victim of a misdemeanor offense or of any offense under Title 7, Penal
Code, participate in victim-defendant mediation;
(16) submit to electronic
monitoring;
(17) reimburse the
compensation to victims of crime fund for any amounts paid from that fund
to or on behalf of a victim, as defined by Article 56.32, of the offense or
if no reimbursement is required, make one payment to the compensation to
victims of crime fund in an amount not to exceed $50 if the offense is a
misdemeanor or not to exceed $100 if the offense is a felony;
(18) reimburse a law
enforcement agency for the analysis, storage, or disposal of raw materials,
controlled substances, chemical precursors, drug paraphernalia, or other
materials seized in connection with the offense;
(19) pay all or part of the
reasonable and necessary costs incurred by the victim for psychological
counseling made necessary by the offense or for counseling and education
relating to acquired immune deficiency syndrome or human immunodeficiency
virus made necessary by the offense;
(20) make one payment in an
amount not to exceed $50 to a crime stoppers organization, as defined by
Section 414.001, Government Code, and as certified by the Texas Crime
Stoppers Council;
(21) submit a DNA sample to
the Department of Public Safety under Subchapter G, Chapter 411, Government
Code, for the purpose of creating a DNA record of the defendant;
(22) in any manner required
by the judge, provide in the county in which the offense was committed
public notice of the offense for which the defendant was placed on
community supervision; and
(23) reimburse the county in
which the prosecution was instituted for compensation paid to any
interpreter in the case.
(c) Before the judge may require as a condition of community
supervision that the defendant receive treatment in a state-funded
substance abuse treatment program, including an inpatient or outpatient
program, a substance abuse felony program under Article 42A.303, or a
program provided to the defendant while confined in a community corrections
facility as defined by Article 42A.601, the judge must consider the results
of an evaluation conducted to determine the appropriate type and level of
treatment necessary to address the defendant's alcohol or drug dependency.
|