By: White H.B. No. 3303
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a pretrial drug diversion program
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.
Sec. 18. COMMUNITY CORRECTIONS FACILITIES.
(a) In this section, "community corrections facility" has
the meaning assigned by Section 509.001, Government Code.
(b) If a judge requires as a condition of community
supervision, [or] participation in a drug court program established
under Chapter 123, Government Code, participation in or a pretrial
diversion program established under Section 76.011, Government
Code, or former law that the defendant serve a term in a community
corrections facility, the term may not be more than 24 months.
(c) A defendant granted community supervision under this
section may not earn good conduct credit for time spend in a
community corrections facility or apply time spent in the facility
toward completion of a prison sentence if the community supervision
is revoked.
(d) As directed by the judge, the community corrections
facility director shall file with the community supervision and
corrections department director, administrator of a pretrial
diversion program, or administrator of a drug court program, as
applicable, a copy of an evaluation made by the facility director of
the defendant's behavior and attitude at the facility. The
community supervision and corrections department director,
administrator of a pretrial diversion program, or program
administrator shall examine the evaluation, make written comments
on the evaluation that the director or administrator considers
relevant, and file the evaluation and comments with the judge who
granted community supervision to the defendant, placed the
defendant in a pretrial diversion program, or placed the defendant
in a drug court program. If the evaluation indicates that the
defendant has made significant progress toward compliance with
court-ordered conditions of community supervision or objectives of
placement in the drug court or pretrial diversion program, as
applicable, the court may release the defendant from the community
corrections facility. A defendant who served a term in the facility
as a condition of community supervision shall serve the remainder
of the defendant's community supervision under any terms and
conditions the court imposes under this article.
(e) No later than 18 months after the date on which a
defendant is granted community supervision under this section, the
community corrections facility director shall file with the
community supervision and corrections department director a copy of
an evaluation made by the director of the defendant's behavior and
attitude at the center. The director shall examine the evaluation,
make written comments on the evaluation that he considers relevant,
and file the evaluation and comments with the judge who granted
community supervision to the defendant. If the report indicates
that the defendant has made significant progress toward
court-ordered conditions of community supervision, the judge shall
modify the judge's sentence and release the defendant in the same
manner as provided by Subsection (d) of this section. If the report
indicates that the defendant would benefit from continued
participation in the community corrections facility program, the
judge may order the defendant to remain at the community
corrections facility for a period determined by the judge. If the
report indicates that the defendant has not made significant
progress toward rehabilitation, the judge may revoke community
supervision and order the defendant to the term of confinement
specified in the defendant's sentence.
(f) If ordered by the judge who placed the defendant on
community supervision, a community corrections facility director
shall attempt to place a defendant as a worker in a
community-service project of a type described by Section 16 of this
article.
(g) A defendant participating in a program under this
article shall be confined in the community corrections facility at
all times except for:
(1) time spent attending and traveling to and from an
education or rehabilitation program as ordered by the court;
(2) time spent attending and traveling to and from a
community-service project;
(3) time spent away from the facility for purposes
described by this section; and
(4) time spent traveling to and from work, if
applicable.
(h) A judge that requires as a condition of community
supervision that the defendant serve a term in a community
corrections facility may not impose a subsequent term in a
community corrections facility or jail during the same supervision
period that, when added to the terms previously imposed, exceeds 36
months.
(i) If a judge who places a defendant on community
supervision under this section does not require the defendant to
deliver the defendant's salary to the restitution center director,
the employer of the defendant shall deliver the salary to the
director. The director shall deposit the salary into a fund to be
given to the defendant on release after deducting:
(1) the cost to the center for the defendant's food,
housing, and supervision;
(2) necessary travel expense to and from work and
community-service projects and other incidental expenses of the
defendant;
(3) support of the defendant's dependants; and
(4) restitution to the victims of an offense committed
by the defendant.
SECTION 2. This act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.