Texas 2017 - 85th Regular

Texas House Bill HB3303 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: White H.B. No. 3303
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of a pretrial drug diversion program
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1.
9	9	Sec. 18. COMMUNITY CORRECTIONS FACILITIES.
10	10	(a) In this section, "community corrections facility" has
11	11	the meaning assigned by Section 509.001, Government Code.
12	12	(b) If a judge requires as a condition of community
13	13	supervision, [or] participation in a drug court program established
14	14	under Chapter 123, Government Code, participation in or a pretrial
15	15	diversion program established under Section 76.011, Government
16	16	Code, or former law that the defendant serve a term in a community
17	17	corrections facility, the term may not be more than 24 months.
18	18	(c) A defendant granted community supervision under this
19	19	section may not earn good conduct credit for time spend in a
20	20	community corrections facility or apply time spent in the facility
21	21	toward completion of a prison sentence if the community supervision
22	22	is revoked.
23	23	(d) As directed by the judge, the community corrections
24	24	facility director shall file with the community supervision and
25	25	corrections department director, administrator of a pretrial
26	26	diversion program, or administrator of a drug court program, as
27	27	applicable, a copy of an evaluation made by the facility director of
28	28	the defendant's behavior and attitude at the facility. The
29	29	community supervision and corrections department director,
30	30	administrator of a pretrial diversion program, or program
31	31	administrator shall examine the evaluation, make written comments
32	32	on the evaluation that the director or administrator considers
33	33	relevant, and file the evaluation and comments with the judge who
34	34	granted community supervision to the defendant, placed the
35	35	defendant in a pretrial diversion program, or placed the defendant
36	36	in a drug court program. If the evaluation indicates that the
37	37	defendant has made significant progress toward compliance with
38	38	court-ordered conditions of community supervision or objectives of
39	39	placement in the drug court or pretrial diversion program, as
40	40	applicable, the court may release the defendant from the community
41	41	corrections facility. A defendant who served a term in the facility
42	42	as a condition of community supervision shall serve the remainder
43	43	of the defendant's community supervision under any terms and
44	44	conditions the court imposes under this article.
45	45	(e) No later than 18 months after the date on which a
46	46	defendant is granted community supervision under this section, the
47	47	community corrections facility director shall file with the
48	48	community supervision and corrections department director a copy of
49	49	an evaluation made by the director of the defendant's behavior and
50	50	attitude at the center. The director shall examine the evaluation,
51	51	make written comments on the evaluation that he considers relevant,
52	52	and file the evaluation and comments with the judge who granted
53	53	community supervision to the defendant. If the report indicates
54	54	that the defendant has made significant progress toward
55	55	court-ordered conditions of community supervision, the judge shall
56	56	modify the judge's sentence and release the defendant in the same
57	57	manner as provided by Subsection (d) of this section. If the report
58	58	indicates that the defendant would benefit from continued
59	59	participation in the community corrections facility program, the
60	60	judge may order the defendant to remain at the community
61	61	corrections facility for a period determined by the judge. If the
62	62	report indicates that the defendant has not made significant
63	63	progress toward rehabilitation, the judge may revoke community
64	64	supervision and order the defendant to the term of confinement
65	65	specified in the defendant's sentence.
66	66	(f) If ordered by the judge who placed the defendant on
67	67	community supervision, a community corrections facility director
68	68	shall attempt to place a defendant as a worker in a
69	69	community-service project of a type described by Section 16 of this
70	70	article.
71	71	(g) A defendant participating in a program under this
72	72	article shall be confined in the community corrections facility at
73	73	all times except for:
74	74	(1) time spent attending and traveling to and from an
75	75	education or rehabilitation program as ordered by the court;
76	76	(2) time spent attending and traveling to and from a
77	77	community-service project;
78	78	(3) time spent away from the facility for purposes
79	79	described by this section; and
80	80	(4) time spent traveling to and from work, if
81	81	applicable.
82	82	(h) A judge that requires as a condition of community
83	83	supervision that the defendant serve a term in a community
84	84	corrections facility may not impose a subsequent term in a
85	85	community corrections facility or jail during the same supervision
86	86	period that, when added to the terms previously imposed, exceeds 36
87	87	months.
88	88	(i) If a judge who places a defendant on community
89	89	supervision under this section does not require the defendant to
90	90	deliver the defendant's salary to the restitution center director,
91	91	the employer of the defendant shall deliver the salary to the
92	92	director. The director shall deposit the salary into a fund to be
93	93	given to the defendant on release after deducting:
94	94	(1) the cost to the center for the defendant's food,
95	95	housing, and supervision;
96	96	(2) necessary travel expense to and from work and
97	97	community-service projects and other incidental expenses of the
98	98	defendant;
99	99	(3) support of the defendant's dependants; and
100	100	(4) restitution to the victims of an offense committed
101	101	by the defendant.
102	102	SECTION 2. This act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2017.