Bill Text: TX HB385 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
87R1307 MAW-F | ||
By: Pacheco | H.B. No. 385 |
|
||
|
||
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 [ |
||
(1) transferring the defendant to different programs | ||
within the community supervision continuum of programs and | ||
sanctions; | ||
(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; | ||
or | ||
(3) requiring a defendant who is not otherwise | ||
required to submit to testing for a controlled substance as a | ||
condition of community supervision under Article 42A.301(b)(13) to | ||
submit to testing for a controlled substance on each occasion on | ||
which the supervision officer has a reasonable suspicion that the | ||
defendant is under the influence of a controlled substance. | ||
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 to the extent indicated by the results of the assessment | ||
conducted under Subsection (a) [ |
||
(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) 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; | ||
(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; | ||
(13) submit to testing for alcohol or controlled | ||
substances: | ||
(A) during the 45-day period after the date of | ||
the defendant's placement on community supervision; | ||
(B) on each occasion on which the defendant | ||
appears in court and the judge has a reasonable suspicion that the | ||
defendant is under the influence of a controlled substance; or | ||
(C) at any time during the period of supervision | ||
if: | ||
(i) the defendant tested positive for a | ||
controlled substance in a test conducted during the period | ||
described by Paragraph (A) or conducted under Paragraph (B) or | ||
Article 42A.052(a)(3); | ||
(ii) the judge determines, based on the | ||
results of the assessment conducted under Subsection (a) or the | ||
evaluation conducted under Subsection (c), if applicable, that | ||
testing is necessary to protect or restore the community or the | ||
victim or to rehabilitate or reform the defendant; or | ||
(iii) the defendant's offense involved a | ||
controlled substance or alcohol; | ||
(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 but only if: | ||
(A) the judge determines, based on the results of | ||
the assessment conducted under Subsection (a) or the evaluation | ||
conducted under Subsection (c), if applicable, that counseling or | ||
treatment is necessary to protect or restore the community or the | ||
victim or to rehabilitate or reform the defendant; or | ||
(B) the defendant's offense was related to | ||
controlled substance or alcohol abuse; | ||
(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 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; | ||
(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) 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; | ||
(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; | ||
(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 | ||
(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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
is confined to the residential treatment facility. | ||
(b) The Department of State Health Services shall approve | ||
[ |
||
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 [ |
||
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 [ |
||
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) Notwithstanding any | ||
other provision of this chapter, the [ |
||
whether the defendant has sufficient resources or income [ |
||
make any payments under this chapter. | ||
(b) For a defendant who is ordered to make payments under | ||
this chapter, the court shall reconsider whether the defendant has | ||
sufficient resources or income to pay: | ||
(1) at any time the defendant's financial status or | ||
required payments change in such a way that the defendant's ability | ||
to make a payment previously ordered by the court is substantially | ||
hindered; and | ||
(2) at any hearing held under Article 42A.751(d). | ||
(c) If the court determines that the defendant does not have | ||
sufficient resources or income to make any payment ordered by the | ||
court, including a payment required under Article 42A.652, the | ||
judge 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). | ||
(d) If the court takes an action described by Subsection | ||
(c), the court may, at any time during the defendant's period of | ||
community supervision, reconsider that action. | ||
SECTION 9. Article 42A.701, Code of Criminal Procedure, is | ||
amended by amending Subsection (b) and adding Subsections (b-1) 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 [ |
||
(2) has not completed court-ordered counseling or | ||
treatment. | ||
(b-1) The supervision officer shall notify the court 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. On receipt of the notice the court shall review the | ||
defendant's record and consider whether to reduce or terminate the | ||
period of community supervision. | ||
(d-1) If the judge does not reduce or terminate the | ||
defendant's period of community supervision after a review | ||
conducted under Subsection (b) or (b-1), the judge shall, as soon as | ||
practicable after the 180th day after the date of the review but not | ||
later than the 270th day after the date of the review and unless the | ||
judge has already terminated the period of community supervision, | ||
review the defendant's record and again consider whether to reduce | ||
or terminate the period of community supervision in accordance with | ||
Subsection (b). | ||
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) [ |
||
[ |
||
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; [ |
||
(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. (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 12. This Act takes effect September 1, 2021. |