86R26061 MAW-F
By: Pacheco, Sherman, Sr., Lopez, H.B. No. 3512
González of Dallas, Krause
A BILL TO BE ENTITLED
AN ACT
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 [purpose] of:
(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 has used 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) [, including any person, other than
a family member of the defendant, who is an active member of a
criminal street gang];
(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:
(i) the facility for room and board; and
(ii) the defendant's dependents for their
support during the period of custodial supervision;
(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; or
(B) 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 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 56.32, 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) pay 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) make one payment 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;
(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; and
(23) reimburse the county in which the prosecution was
instituted for compensation paid to any interpreter in the case.
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 [equivalent]
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 [equivalent] education as provided by Article 42A.4045.
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 [equivalent]
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 [equivalent] education as provided by Article 42A.4045.
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 [equivalent] education while the defendant
is confined to the residential treatment facility.
(b) The Department of State Health Services shall approve
[equivalent] education provided at substance abuse treatment
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 [equivalent] education under Article 42A.4045, the court
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 [equivalent] education
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 [The] court shall inquire as to
whether the defendant has sufficient resources or income [consider
the defendant's ability] to pay before ordering the defendant to
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).
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 [costs, fines,
fees, or] restitution that the defendant has the ability to pay; or
(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:
(1) [(A)] included as a "reportable conviction or
adjudication" under Article 62.001(5);
(2) [(B) involving family violence as defined by
Section 71.004, Family Code;
[(C)] under Section 20.03 or 28.02, Penal Code;
or
(3) [(D)] under Chapter 49, Penal Code[;
[(2) is not delinquent in paying required costs,
fines, or fees; and
[(3) has fully satisfied any order to pay restitution
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; [and]
(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, 2019.