By: Whitmire S.B. No. 1399
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to confinement in a community corrections facility of a
  defendant participating in a pretrial intervention program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42A.602(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  If a judge requires as a condition of community
  supervision or participation in a pretrial intervention program
  operated under Section 76.011, Government Code, or a drug court
  program established under Chapter 123, Government Code, or former
  law that the defendant serve a term of confinement in a community
  corrections facility, the term may not exceed 24 months.
         SECTION 2.  Article 42A.604(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  As directed by the judge, the community corrections
  facility director shall file with the community supervision and
  corrections department director or administrator of a drug court
  program, as applicable, a copy of an evaluation made by the facility
  director of the defendant's behavior and attitude at the facility.
  The community supervision and corrections department director or
  program administrator shall examine the evaluation, make written
  comments on the evaluation that the director or administrator
  considers relevant, and file the evaluation and comments with the
  judge who granted community supervision to the defendant or placed
  the defendant in a pretrial intervention program or drug court
  program. If the evaluation indicates that the defendant has made
  significant progress toward compliance with court-ordered
  conditions of community supervision or objectives of placement in
  the [drug court] program, as applicable, the judge may release the
  defendant from the community corrections facility. A defendant who
  served a term in the facility as a condition of community
  supervision shall serve the remainder of the defendant's community
  supervision under any terms and conditions the court imposes under
  this chapter.
         SECTION 3.  Section 509.001(1), Government Code, is amended
  to read as follows:
               (1)  "Community corrections facility" means a physical
  structure, established by the judges described by Section 76.002
  after authorization of the establishment of the structure has been
  included in a department's strategic plan, that is operated by the
  department or operated for the department by an entity under
  contract with the department, for the purpose of treating persons
  who have been placed on community supervision or who are
  participating in a pretrial intervention program operated under
  Section 76.011 or a drug court program established under Chapter
  123 or former law and providing services and programs to modify
  criminal behavior, deter criminal activity, protect the public, and
  restore victims of crime.  The term includes:
                     (A)  a restitution center;
                     (B)  a court residential treatment facility;
                     (C)  a substance abuse treatment facility;
                     (D)  a custody facility or boot camp;
                     (E)  a facility for an offender with a mental
  impairment, as defined by Section 614.001, Health and Safety Code;
  and
                     (F)  an intermediate sanction facility.
         SECTION 4.  The change in law made by this Act applies only
  to a person placed in a pretrial intervention program operated
  under Section 76.011, Government Code, for an offense committed on
  or after the effective date of this Act. A person placed in a
  pretrial intervention program operated under Section 76.011,
  Government Code, 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 the former 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
  was committed before that date.
         SECTION 5.  This Act takes effect September 1, 2017.