By: Whitmire	S.B. No. 1399

	A BILL TO BE ENTITLED
	AN ACT
	relating to confinement in a community corrections facility of a
	defendant participating in a pretrial intervention program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 42A.602(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  If a judge requires as a condition of community
	supervision or participation in a pretrial intervention program
	operated under Section 76.011, Government Code, or a drug court
	program established under Chapter 123, Government Code, or former
	law that the defendant serve a term of confinement in a community
	corrections facility, the term may not exceed 24 months.
	SECTION 2.  Article 42A.604(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  As directed by the judge, the community corrections
	facility director shall file with the community supervision and
	corrections department director 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 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 or placed
	the defendant in a pretrial intervention program or 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] program, as applicable, the judge 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 chapter.
	SECTION 3.  Section 509.001(1), Government Code, is amended
	to read as follows:
	(1)  "Community corrections facility" means a physical
	structure, established by the judges described by Section 76.002
	after authorization of the establishment of the structure has been
	included in a department's strategic plan, that is operated by the
	department or operated for the department by an entity under
	contract with the department, for the purpose of treating persons
	who have been placed on community supervision or who are
	participating in a pretrial intervention program operated under
	Section 76.011 or a drug court program established under Chapter
	123 or former law and providing services and programs to modify
	criminal behavior, deter criminal activity, protect the public, and
	restore victims of crime.  The term includes:
	(A)  a restitution center;
	(B)  a court residential treatment facility;
	(C)  a substance abuse treatment facility;
	(D)  a custody facility or boot camp;
	(E)  a facility for an offender with a mental
	impairment, as defined by Section 614.001, Health and Safety Code;
	and
	(F)  an intermediate sanction facility.
	SECTION 4.  The change in law made by this Act applies only
	to a person placed in a pretrial intervention program operated
	under Section 76.011, Government Code, for an offense committed on
	or after the effective date of this Act. A person placed in a
	pretrial intervention program operated under Section 76.011,
	Government Code, 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 the former 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
	was committed before that date.
	SECTION 5.  This Act takes effect September 1, 2017.