| |
|
|
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. |
|
|
|
|
|
* * * * * |