Bill Text: TX HB385 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to conditions of community supervision and procedures applicable to the reduction or termination of a defendant's period of community supervision.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB385 Detail]
Download: Texas-2021-HB385-Enrolled.html
H.B. No. 385 |
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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 [ |
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(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 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) [ |
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[ |
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the judge or supervision officer and obey all rules and regulations | ||
of the community supervision and corrections department; | ||
(4) [ |
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defendant at the defendant's home or elsewhere; | ||
(5) [ |
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the extent possible; | ||
(6) [ |
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(7) [ |
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(A) the defendant's fine, if one is assessed; and | ||
(B) all court costs, regardless of whether a fine | ||
is assessed; | ||
(8) [ |
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(9) [ |
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judge, in any community-based program, including a community | ||
service project under Article 42A.304; | ||
(10) [ |
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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) [ |
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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) [ |
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controlled substances; | ||
(13) [ |
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abusers or participate in substance abuse treatment services in a | ||
program or facility approved or licensed by the Department of State | ||
Health Services; | ||
(14) [ |
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misdemeanor offense or of any offense under Title 7, Penal Code, | ||
participate in victim-defendant mediation; | ||
(15) [ |
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(16) [ |
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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) [ |
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analysis, storage, or disposal of raw materials, controlled | ||
substances, chemical precursors, drug paraphernalia, or other | ||
materials seized in connection with the offense; | ||
(18) [ |
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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) [ |
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to a crime stoppers organization, as defined by Section 414.001, | ||
Government Code, and as certified by the Texas Crime Stoppers | ||
Council; | ||
(20) [ |
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Public Safety under Subchapter G, Chapter 411, Government Code, for | ||
the purpose of creating a DNA record of the defendant; and | ||
(21) [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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is confined to the residential treatment facility. | ||
(b) The Department of State Health Services shall approve | ||
[ |
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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 [ |
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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 [ |
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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) In making a determination under Subsection (f), a court | ||
may waive completely or partially a payment required under Article | ||
42A.652 only if, after waiving all other applicable payments | ||
included under Subsection (b), the court determines that the | ||
defendant does not have sufficient resources or income to make the | ||
payment. | ||
(h) 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." | ||
(i) A supervision officer or the court shall promptly | ||
provide a defendant a copy of the form adopted under Subsection (h) | ||
on the defendant's request for the form. | ||
(j) 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 [ |
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(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) [ |
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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; [ |
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(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(h), 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 385 was passed by the House on April | ||
30, 2021, by the following vote: Yeas 131, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 385 on May 28, 2021, by the following vote: Yeas 111, Nays 31, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 385 was passed by the Senate, with | ||
amendments, on May 24, 2021, by the following vote: Yeas 28, Nays | ||
2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |