82R5362 KCR-D
By: Ellis S.B. No. 1077
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of certain time credits through which
a defendant's period of community supervision is reduced.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.12, Code of Criminal Procedure, is
amended by adding Section 20A to read as follows:
Sec. 20A. TIME CREDITS FOR COMPLETION OF CERTAIN CONDITIONS
OF COMMUNITY SUPERVISION. (a) This section 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) under Chapter 49, Penal Code;
(B) involving family violence as defined by
Section 71.004, Family Code; or
(C) included as a "reportable conviction or
adjudication" under Article 62.001(5);
(2) is not delinquent in paying required fines, costs,
or fees; and
(3) has fully satisfied any order to pay restitution
to a victim.
(b) A defendant described by Subsection (a) is entitled to
receive any combination of time credits toward the completion of
the defendant's period of community supervision in accordance with
this section if the court ordered the defendant as a condition of
community supervision to:
(1) earn a certificate, diploma, or degree described
by Subsection (c);
(2) make a payment described by Subsection (d); or
(3) complete a treatment or rehabilitation program
described by Subsection (e).
(c) A defendant is entitled to time credits toward the
completion of the defendant's period of community supervision for
earning the following certificates, diplomas, or degrees:
(1) a high school diploma or high school equivalency
certificate: 90 days; and
(2) an associate's degree: 120 days.
(d) A defendant is entitled to time credits toward the
completion of the defendant's period of community supervision for
the full payment of court costs, fines, attorney's fees, and
restitution as follows:
(1) court costs: 15 days;
(2) fines: 30 days;
(3) attorney's fees: 30 days; and
(4) restitution: 60 days.
(e) 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) alcohol or substance abuse counseling or
treatment: 90 days;
(2) vocational, technical, or career education or
training program: 60 days;
(3) parenting class or parental responsibility
program: 30 days;
(4) anger management program: 30 days; and
(5) life skills training program: 30 days.
(f) A defendant's supervision officer shall notify the
court when the defendant is entitled to one or more time credits
under this section. On receipt of the notice from the supervision
officer, the court shall conduct a review of the defendant's
community supervision under Section 20 to determine if the
defendant is eligible for a reduction or termination of community
supervision under that section, taking into account any time
credits to which the defendant is entitled under this section when
determining if the defendant has completed, as applicable:
(1) the lesser of one-third of the original community
supervision period or two years of community supervision; or
(2) the greater of one-half of the original community
supervision period or two years of community supervision.
(g) A court may order that some or all of the credit to which
a defendant is entitled under this section be forfeited if, before
the expiration of the original period or a reduced period of
community supervision, the court:
(1) after a hearing under Section 21, finds that a
defendant violated one or more conditions of community supervision;
and
(2) modifies or continues the defendant's period of
community supervision under Section 22 or revokes the defendant's
community supervision under Section 23.
SECTION 2. Section 20A, Article 42.12, Code of Criminal
Procedure, as added by this Act, applies only to a defendant granted
community supervision for an offense that is committed on or after
the effective date of this Act. A defendant granted community
supervision 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 that 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 occurred
before that date.
SECTION 3. This Act takes effect September 1, 2011.