Bill Text: TX SB1399 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to confinement in a community corrections facility of a defendant participating in a pretrial intervention program.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-24 - Returned to Local & Consent Calendars Comm. [SB1399 Detail]
Download: Texas-2017-SB1399-Comm_Sub.html
By: Whitmire | S.B. No. 1399 | |
(White) | ||
|
||
|
||
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 [ |
||
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. |