By: Pacheco, et al. (Senate Sponsor - Hughes) H.B. No. 385
         (In the Senate - Received from the House May 3, 2021;
  May 14, 2021, read first time and referred to Committee on Criminal
  Justice; May 20, 2021, reported favorably by the following vote:  
  Yeas 4, Nays 3; May 20, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to conditions of community supervision and procedures
  applicable to the reduction or termination of a defendant's period
  of community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42A.052(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A judge who places a defendant on community supervision
  may authorize the supervision officer supervising the defendant or
  a magistrate appointed by the district courts in the county that
  give preference to criminal cases to modify the conditions of
  community supervision for the limited purposes [purpose] of:
               (1)  transferring the defendant to different programs
  within the community supervision continuum of programs and
  sanctions; or
               (2)  prioritizing the conditions ordered by the court
  according to:
                     (A)  the defendant's needs as determined by a risk
  and needs assessment; and
                     (B)  the defendant's progress under supervision.
         SECTION 2.  Article 42A.301(b), Code of Criminal Procedure,
  is amended to read as follows:
         (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;
               (4) [(5)]  permit the supervision officer to visit the
  defendant at the defendant's home or elsewhere;
               (5) [(6)]  work faithfully at suitable employment to
  the extent possible;
               (6) [(7)]  remain within a specified place;
               (7) [(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;
               (8) [(9)]  support the defendant's dependents;
               (9) [(10)]  participate, for a period specified by the
  judge, in any community-based program, including a community
  service project under Article 42A.304;
               (10) [(11)]  if the judge determines that the defendant
  has financial resources that enable the defendant to offset in part
  or in whole the costs of the legal services provided to the
  defendant in accordance with Article 1.051(c) or (d), including any
  expenses and costs, reimburse the county in which the prosecution
  was instituted for the costs of the legal services in an amount that
  the judge finds the defendant is able to pay, except that the
  defendant may not be ordered to pay an amount that exceeds:
                     (A)  the actual costs, including any expenses and
  costs, paid by the county for the legal services provided by an
  appointed attorney; or
                     (B)  if the defendant was represented by a public
  defender's office, the actual amount, including any expenses and
  costs, that would have otherwise been paid to an appointed attorney
  had the county not had a public defender's office;
               (11) [(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
  the facility for room and board;
               (12) [(13)]  submit to testing for alcohol or
  controlled substances;
               (13) [(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, provided that, notwithstanding Subsection (a) or
  any other law, a judge may only require a defendant to attend
  counseling sessions or participate in treatment if:
                     (A)  the results of an evaluation that is designed
  to determine the appropriate type and level of treatment necessary
  to address the defendant's alcohol or drug dependency indicate that
  counseling or treatment is necessary to protect or restore the
  community or the victim and to rehabilitate the defendant; or
                     (B)  the defendant's use, manufacture,
  possession, or delivery of a controlled substance or alcohol was an
  element of the offense for which the defendant was placed on
  community supervision;
               (14) [(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;
               (15) [(16)]  submit to electronic monitoring;
               (16) [(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 56B.003, 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;
               (17) [(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;
               (18) [(19)]  reimburse 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;
               (19) [(20)]  pay a fine 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;
               (20) [(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; and
               (21) [(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.
         SECTION 3.  Article 42A.303(e), Code of Criminal Procedure,
  is amended to read as follows:
         (e)  The Department of State Health Services or the community
  supervision and corrections department supervising the defendant
  shall develop the continuum of care treatment plan described by
  Subsection (d)(1).
         SECTION 4.  Articles 42A.403(d-1) and (e), Code of Criminal
  Procedure, are amended to read as follows:
         (d-1)  The judge shall waive the educational program
  requirement if the defendant successfully completes [equivalent]
  education at a residential treatment facility under Article
  42A.4045.
         (e)  The judge shall set out in the judgment, as applicable:
               (1)  the finding of good cause for waiver; or
               (2)  the finding that the defendant has successfully
  completed [equivalent] education as provided by Article 42A.4045.
         SECTION 5.  Articles 42A.404(b-1) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (b-1)  The judge shall waive the educational program
  requirement if the defendant successfully completes [equivalent]
  education at a residential treatment facility under Article
  42A.4045.
         (c)  The judge shall set out in the judgment, as applicable:
               (1)  the finding of good cause for waiver; or
               (2)  the finding that the defendant has successfully
  completed [equivalent] education as provided by Article 42A.4045.
         SECTION 6.  Articles 42A.4045(a) and (b), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  A judge shall waive the educational requirement under
  Article 42A.403 or 42A.404 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.
         (b)  The Department of State Health Services shall approve
  [equivalent] education provided at substance abuse treatment
  facilities.
         SECTION 7.  Articles 42A.406(a) and (b-1), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  If a defendant is required as a condition of community
  supervision to attend an educational program under Article 42A.403
  or 42A.404, or if the court waives the educational program
  requirement under Article 42A.403 or the defendant successfully
  completes [equivalent] education under Article 42A.4045, 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.  If the court grants an
  extension of time in which the defendant may complete the
  educational program under Article 42A.403, the court clerk shall
  immediately report that fact to the Department of Public Safety on a
  form prescribed by the department.  The clerk's report under this
  subsection must include the beginning date of the defendant's
  community supervision.
         (b-1)  Upon release from a residential treatment facility at
  which the person successfully completed [equivalent] education
  under Article 42A.4045, 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.
         SECTION 8.  Article 42A.655, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 42A.655.  ABILITY TO PAY.  (a) The court shall consider
  the defendant's ability to pay before ordering the defendant to
  make any payments under this chapter.
         (b)  Notwithstanding any other law and subject to Subsection
  (c), the court shall consider whether the defendant has sufficient
  resources or income to make any payments under this chapter,
  excluding restitution but including any fee, fine, reimbursement
  cost, court cost, rehabilitation cost, program cost, service cost,
  counseling cost, ignition interlock cost, assessment cost, testing
  cost, education cost, treatment cost, payment required under
  Article 42A.652, or any other payment or cost authorized or
  required under this chapter. The court shall consider under this
  subsection whether a defendant has sufficient resources or income:
               (1)  before or immediately after placing the defendant
  on community supervision, including deferred adjudication
  community supervision; and
               (2)  during the period of community supervision, before
  or immediately after the court orders or requires the defendant to
  make any payments under this chapter.
         (c)  Subsection (b) does not apply to consideration of a
  defendant's ability to pay restitution.
         (d)  Notwithstanding any other law, if a defendant is ordered
  to make a payment included under Subsection (b), the court shall
  reconsider whether the defendant has sufficient resources or income
  to make the payment at any hearing held under Article 42A.751(d).
         (e)  A defendant who is ordered to make a payment included
  under Subsection (b) may, at any time during the defendant's period
  of community supervision, including deferred adjudication
  community supervision, but not more than once in any six-month
  period unless the defendant shows a substantial and compelling
  reason for making an additional request during that period, file a
  written statement with the clerk of the court requesting
  reconsideration of the defendant's ability to make the payment and
  requesting that the payment be satisfied by an alternative method
  provided under Subsection (f). On receipt of the statement, the
  court shall consider whether the defendant's financial status or
  required payments have changed in such a way that the defendant's
  ability to make a payment previously ordered by the court is
  substantially hindered. If after conducting a review under this
  subsection the court finds that the defendant's ability to make a
  payment previously ordered by the court is substantially hindered,
  the court shall determine whether all or a portion of the payment
  should be satisfied by an alternative method provided under
  Subsection (f). The court shall notify the defendant and the
  attorney representing the state of the court's decision regarding
  whether to allow all or a portion of the payment to be satisfied by
  an alternative method.
         (f)  Notwithstanding any other law, if the court determines
  under this article at any time during a defendant's period of
  community supervision, including deferred adjudication community
  supervision, that the defendant does not have sufficient resources
  or income to make a payment included under Subsection (b), the court
  shall determine whether all or a portion of the payment should be:
               (1)  required to be paid at a later date or in a
  specified portion at designated intervals;
               (2)  waived completely or partially under Article
  43.091 or 45.0491;
               (3)  discharged by performing community service under
  Article 42A.304 or 45.049, as applicable; or
               (4)  satisfied through any combination of methods under
  Subdivisions (1)-(3).
         (g)  The Office of Court Administration of the Texas Judicial
  System shall adopt a standardized form that a defendant may use to
  make a request under Subsection (e) for the reconsideration of the
  defendant's ability to pay. The form must include:
               (1)  detailed and clear instructions for how to fill
  out the form and submit a request to the court; and
               (2)  the following statement at the top of the form, in
  bold type and in any language in which the form is produced:
  "If at any time while you are on community supervision your ability
  to pay any fine, fee, program cost, or other payment ordered by the
  court, other than restitution, changes and you cannot afford to
  pay, you have the right to request that the court review your
  payments and consider changing or waiving your payments. You can
  use this form to make a request for a change in your payments.  You
  cannot use this form to request a change in restitution payments."
         (h)  A supervision officer or the court shall promptly
  provide a defendant a copy of the form adopted under Subsection (g)
  on the defendant's request for the form.
         (i)  This subsection applies only to a defendant whose
  payments are wholly or partly waived under this article. At any
  time during the defendant's period of community supervision,
  including deferred adjudication community supervision, the court,
  on the court's own motion or by motion of the attorney representing
  the state, may reconsider the waiver of the payment. After
  providing written notice to the defendant and an opportunity for
  the defendant to present information relevant to the defendant's
  ability to pay, the court may order the defendant to pay all or part
  of the waived amount of the payment only if the court determines
  that the defendant has sufficient resources or income to pay the
  amount.
         SECTION 9.  Article 42A.701, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsections (b-1),
  (b-2), and (d-1) to read as follows:
         (b)  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:
               (1)  is delinquent in paying required [costs, fines,
  fees, or] restitution that the defendant has the ability to pay; or
               (2)  has not completed court-ordered counseling or
  treatment.
         (b-1)  The supervision officer shall notify the judge as soon
  as practicable after the date a defendant, who at the time of the
  review required by Subsection (b) was delinquent in paying
  restitution or had not completed court-ordered counseling or
  treatment, completes the remaining court-ordered counseling or
  treatment and makes the delinquent restitution payments, as
  applicable, and is otherwise compliant with the conditions of
  community supervision. On receipt of the notice the judge shall
  review the defendant's record and consider whether to reduce or
  terminate the period of community supervision.
         (b-2)  Following a review conducted under Subsection (b) or
  (b-1), the judge may reduce or terminate the period of community
  supervision or decide not to reduce or terminate the period of
  community supervision. In making the determination, the judge may
  consider any factors the judge considers relevant, including
  whether the defendant is delinquent in paying court-ordered costs,
  fines, or fees that the defendant has the ability to pay as provided
  by Article 42A.655.
         (d-1)  If the judge does not terminate the defendant's period
  of community supervision after conducting a review under this
  article:
               (1)  the judge shall promptly advise the defendant's
  supervision officer of the reasons the judge did not terminate the
  defendant's period of community supervision; and
               (2)  the supervision officer shall promptly advise the
  defendant in writing of the reasons provided under Subdivision (1).
         SECTION 10.  Articles 42A.702(a) and (d), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  This article 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)  included as a "reportable conviction or
  adjudication" under Article 62.001(5);
                     (B)  involving family violence as defined by
  Section 71.004, Family Code;
                     (C)  under Section 20.03 or 28.02, Penal Code; or
                     (D)  under Chapter 49, Penal Code; and
               (2)  [is not delinquent in paying required costs,
  fines, or fees; and
               [(3)]  has fully satisfied any order to pay restitution
  to a victim.
         (d)  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)  parenting class or parental responsibility
  program: 30 days;
               (2)  anger management program: 30 days;
               (3)  life skills training program: 30 days;
               (4)  vocational, technical, or career education or
  training program: 60 days; [and]
               (5)  alcohol or substance abuse counseling or
  treatment: 90 days; and
               (6)  any other faith-based, volunteer, or
  community-based program ordered or approved by the court: 30 days.
         SECTION 11.  Not later than January 1, 2022, the Office of
  Court Administration of the Texas Judicial System shall adopt the
  form required by Article 42A.655(g), Code of Criminal Procedure, as
  added by this Act.
         SECTION 12.  (a) Except as provided by Subsection (b) of
  this section, the change in law made by this Act to Chapter 42A,
  Code of Criminal Procedure, applies to a person on community
  supervision on or after the effective date of this Act, regardless
  of whether the person was placed on community supervision before,
  on, or after the effective date of this Act.
         (b)  Article 42A.702(d)(6), Code of Criminal Procedure, as
  added by this Act, applies only to a person placed on community
  supervision on or after the effective date of this Act.
         SECTION 13.  This Act takes effect September 1, 2021.
 
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