CHAPTER 76. COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENTS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE F. COURT ADMINISTRATION
CHAPTER 76. COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENTS
Sec. 76.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Criminal Justice.
(2) "Community supervision" has the meaning assigned by Section
2, Article 42.12, Code of Criminal Procedure.
(3) "Council" means a community justice council.
(4) "Department" means a community supervision and corrections
department established under this chapter.
(5) "Division" means the community justice assistance division
of the Texas Department of Criminal Justice.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995.
Sec. 76.002. ESTABLISHMENT OF DEPARTMENTS. (a) The district
judge or district judges trying criminal cases in each judicial
district and the statutory county court judges trying criminal
cases in the county or counties served by the judicial district
shall:
(1) establish a community supervision and corrections
department; and
(2) approve the department's budget and community justice plan.
(b) Repealed by Acts 2005, 79th Leg., Ch. 255, Sec. 12, eff. May
30, 2005.
(c) Except as provided by Subsection (d), one department serves
all courts and counties in a judicial district if:
(1) two or more judicial districts serve a county; or
(2) a district includes more than one county.
(d) The board may adopt rules to allow more than one department
to serve a judicial district that includes more than one county
if providing more than one department will promote administrative
convenience or economy or improve services.
(e) The board may adopt rules allowing departments to contract
with one another for services or facilities.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
255, Sec. 1, eff. May 30, 2005.
Acts 2005, 79th Leg., Ch.
255, Sec. 12, eff. May 30, 2005.
Sec. 76.003. COMMUNITY JUSTICE COUNCIL. (a) A community
justice council must be established by the judges described by
Section 76.002 who are served by a department, unless a board or
council that was in existence on September 1, 1991, is performing
duties substantially similar to those imposed on a community
justice council under this section. The council shall provide
continuing policy guidance and direction for the development of
community justice plans and community corrections facilities,
programs, and conditions of community supervision.
(b) A council should consist of the following persons or their
designees:
(1) a sheriff of a county served by the department, chosen by
the sheriffs of the counties to be served by the department;
(2) a county commissioner or a county judge from a county served
by the department, chosen by the county commissioners and county
judges of the counties served by the department;
(3) a city council member of the most populous municipality in a
county served by the department, chosen by the members of the
city councils of cities served by the department;
(4) not more than two state legislators elected from a county
served by the department, or in a county with a population of one
million or more to be served by the department, not more than one
state senator and one state representative elected from the
county, chosen by the state legislators elected from the county
or counties served by the department;
(5) the presiding judge from a judicial district served by the
department, chosen by the district judges from the judicial
districts served by the department;
(6) a judge of a statutory county court exercising criminal
jurisdiction in a county served by the department, chosen by the
judges of statutory county courts with criminal jurisdiction in
the counties served by the department;
(7) a county attorney with criminal jurisdiction from a county
served by the department, chosen by the county attorneys with
criminal jurisdiction from the counties served by the department;
(8) a district attorney or criminal district attorney from a
judicial district served by the department, chosen by the
district attorneys or criminal district attorneys from the
judicial districts served by the department; and
(9) an elected member of the board of trustees of an independent
school district in a county served by the department, chosen by
the members of the boards of trustees of independent school
districts located in counties served by the department.
(c) The community justice council shall appoint a community
justice task force to provide support staff for the development
of a community justice plan. The task force may consist of any
number of members, but should include:
(1) the county or regional director of the Texas Department of
Human Services with responsibility for the area served by the
department;
(2) the chief of police of the most populous municipality served
by the department;
(3) the chief juvenile probation officer of the juvenile
probation office serving the most populous area served by the
department;
(4) the superintendent of the most populous school district
served by the department;
(5) the supervisor of the Department of Public Safety region
closest to the department, or the supervisor's designee;
(6) the county or regional director of the Texas Department of
Mental Health and Mental Retardation with responsibility for the
area served by the department;
(7) a substance abuse treatment professional appointed by the
Council of Governments serving the area served by the department;
(8) the department director;
(9) the local or regional representative of the parole division
of the Texas Department of Criminal Justice with responsibility
for the area served by the department;
(10) the representative of the Texas Workforce Commission with
responsibility for the area served by the department;
(11) the representative of the Department of Assistive and
Rehabilitative Services with responsibility for the area served
by the department;
(12) a licensed attorney who practices in the area served by the
department and whose practice consists primarily of criminal law;
(13) a court administrator, if one serves the area served by the
department;
(14) a representative of a community service organization that
provides adult treatment, educational, or vocational services to
the area served by the department;
(15) a representative of an organization in the area served by
the department that is actively involved in issues relating to
defendants' rights, chosen by the county commissioners and county
judges of the counties served by the department; and
(16) an advocate for rights of victims of crime and awareness of
issues affecting victims.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 9.02(a),
9.03(a), eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
255, Sec. 2, eff. May 30, 2005.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.064, eff. September 1, 2009.
Sec. 76.004. DEPARTMENT DIRECTOR; FISCAL OFFICER. (a) After
complying with the requirements of Subsection (h), the judges
described by Section 76.002 shall appoint a department director
who must meet, at a minimum, the eligibility requirements for
officers established under Section 76.005.
(a-1) The department director shall perform or delegate the
responsibility for performing the following duties:
(1) overseeing the daily operations of the department;
(2) preparing annually or biennially a budget for the
department;
(3) negotiating and entering into contracts on behalf of the
department;
(4) establishing policies and procedures for all functions of
the department;
(5) developing personnel policies and procedures, including
disciplinary proceedings; and
(6) establishing procedures and practices through which the
department will address an employment-related grievance.
(b) The department director shall employ a sufficient number of
officers and other employees to conduct presentence
investigations, supervise and rehabilitate defendants placed on
community supervision, enforce the conditions of community
supervision, and staff community corrections facilities. A
person employed under this subsection is an employee of the
department and not of the judges or judicial districts.
(c) The judges described by Section 76.002 may appoint for the
department a fiscal officer, other than the county auditor. The
fiscal officer is responsible for:
(1) managing and protecting funds, fees, state aid, and receipts
to the same extent that a county auditor manages county funds and
funds of other local entities;
(2) ensuring that financial transactions of the department are
lawful and allowable; and
(3) prescribing accounting procedures for the department.
(d) The judges described by Section 76.002 may appoint a person
as fiscal officer only after investigating the person and
determining that the person is:
(1) a person of unquestionably good moral character and
intelligence; and
(2) a financial officer with at least two years' experience in
auditing and accounting.
(e) A fiscal officer appointed under this section, before
beginning employment and not later than the 20th day after the
date of appointment, shall:
(1) take an oath stating that the person meets the
qualifications required by this section and will not have a
personal interest in any contract entered into by the department;
and
(2) execute a good and sufficient surety bond that:
(A) is in the amount of $5,000 or more;
(B) is approved by and payable to the judges described by
Section 76.002; and
(C) is conditioned on the faithful performance by the fiscal
officer of the officer's duties.
(f) The judges described by Section 76.002 shall set the annual
compensation of a fiscal officer appointed under this section,
and the department shall pay all costs related to the functions
of the fiscal officer.
(g) Subsections (c)-(f) do not diminish the rights of the
following officers or entities to examine and audit accounts,
records, receipts, and expenditures of a department:
(1) the county auditor of a county served by the department;
(2) the comptroller;
(3) the state auditor; and
(4) the division.
(h) When there is a vacancy in the position of department
director, the judges described by Section 76.002 shall:
(1) publicly advertise the position;
(2) post a job description, the qualifications for the position,
and the application requirements;
(3) conduct a competitive hiring process and adhere to state and
federal equal employment opportunity laws; and
(4) review applicants who meet the posted qualifications and
comply with the application requirements.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 207, Sec. 1, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
255, Sec. 3, eff. May 30, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 11, eff. June 15, 2007.
Sec. 76.0045. JUDICIAL RESPONSIBILITIES; IMMUNITY. (a) The
responsibility of a judge described by Section 76.002 for
personnel decisions is limited to the appointment of a department
director and a fiscal officer.
(b) The responsibility of a judge described by Section 76.002
for budgetary decisions is limited to:
(1) appointment of a fiscal officer; and
(2) approval of the department's budget.
(c) A judge described by Section 76.002 has judicial immunity in
a suit arising from:
(1) the performance of a duty described by Section 76.002(a); or
(2) the appointment of a department director or a fiscal officer
or an act or failure to act by a department employee or by a
department director or fiscal officer.
Added by Acts 2005, 79th Leg., Ch.
255, Sec. 4, eff. May 30, 2005.
Sec. 76.005. STANDARDS FOR OFFICERS. (a) An officer appointed
by the department director must comply with a code of ethics
developed by the division.
(b) To be eligible for appointment as an officer who supervises
defendants placed on community supervision a person must have
acquired a bachelor's degree conferred by an institution of
higher education accredited by an accrediting organization
recognized by the Texas Higher Education Coordinating Board.
(c) A person employed as a peace officer is not eligible for
appointment as an officer under this section.
(d) The division may establish a waiver procedure for
departments unable to hire persons meeting the requirements under
Subsection (b)(2).
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 108, Sec. 1, eff. May
15, 1997.
Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is
authorized to carry a weapon while engaged in the actual
discharge of the officer's duties only if:
(1) the officer possesses a certificate of firearms proficiency
issued by the Commission on Law Enforcement Officer Standards and
Education under Section 1701.257, Occupations Code; and
(2) the director of the department agrees to the authorization.
Added by Acts 1997, 75th Leg., ch. 1261, Sec. 29, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
255, Sec. 5, eff. May 30, 2005.
Sec. 76.006. EMPLOYEE STATUS AND BENEFITS. (a) Except as
provided by Subsection (c), department employees are not state
employees. The department shall contract for all employee
benefits with one county served by the department and designated
for that purpose by the judges described by Section 76.002. To
the extent that employee benefits are provided by a county under
this subsection, the employees are governed by personnel policies
and benefits equal to personnel policies for and benefits of
other employees of that county. This subsection does not apply
to employee benefits for group insurance and related coverages
provided to employees of a department through the group benefits
program for state employees under Chapter 1551, Insurance Code.
(b) The judicial districts served by a department shall pay the
salaries of department employees.
(c) Department employees are state employees for the purposes of
Chapter 104, Civil Practice and Remedies Code, and Chapter 501,
Labor Code. Notwithstanding Subsection (a), a department employee
is eligible to participate in the group benefits program
established under Chapter 1551, Insurance Code, as provided by
Section 1551.114, Insurance Code.
(d) The attorney general has the duty to defend a department for
suits for injunctive, declaratory, or monetary relief brought
against it for any action not covered by an indemnification
policy, except any action brought by the state or another
political subdivision. The attorney general shall not defend a
department or its employees in cases in which a person under
supervision challenges the fact or duration of the supervision.
(e) The department shall provide information requested by the
attorney general that the attorney general considers necessary
for the defense or prosecution of any case brought under this
section.
(f) The department shall provide transportation or automobile
allowances for officers who supervise defendants placed on
community supervision.
(g) A document evaluating the performance of an officer of the
department who supervises defendants placed on community
supervision is confidential.
(h) If under Subsection (a) the judges described by Section
76.002 change the designation of the county providing employee
benefits, the judges may not subsequently change that designation
before the 10th anniversary of the date on which the previous
designation was made.
(i) The department shall submit all information required by
Section 1551.321, Insurance Code, in the manner and form
prescribed by the Employees Retirement System of Texas.
(j) The attorney general shall defend a statutory county court
judge in an action in state or federal court if:
(1) the cause of action is the result of the judge performing a
duty described by Section 76.002, 76.003, or 76.004; and
(2) the judge requests the attorney general's assistance in the
defense.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 987, Sec. 1, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1240, Sec. 1, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(29), eff. Sept.
1, 1999; Acts 1999, 76th Leg., ch. 875, Sec. 1, eff. June 18,
1999; Acts 2003, 78th Leg., ch. 1030, Sec. 2.01, eff. Sept. 1,
2004.
Amended by:
Acts 2005, 79th Leg., Ch.
255, Sec. 6, eff. May 30, 2005.
Sec. 76.007. PUBLIC FUNDS, GRANTS, AND GIFTS. A department may
accept public funds and grants and gifts from any source for the
purpose of financing programs and facilities. A municipality,
county, or other political subdivision may make grants to a
department for those purposes.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995.
Sec. 76.008. FINANCIAL RESPONSIBILITIES OF COUNTIES. (a) The
county or counties served by a department shall provide physical
facilities, equipment, and utilities for a department. The
division shall monitor the support a county provides under this
section and determine whether a county provides support that
meets the standards for minimum support established by the
division. If the division determines that a county's support is
insufficient, the division may impose on the department a
sanction authorized by Section 509.012.
(b) If a department serves two or more counties, those counties
may enter into an agreement for the distribution of the expenses
of facilities, equipment, and utilities.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995.
Sec. 76.009. FINANCIAL RESPONSIBILITIES OF DISTRICTS. (a) The
department may expend district funds in order to provide expanded
facilities, equipment, and utilities if:
(1) the department needs to increase its personnel in order to
provide more effective services or to meet workload requirements
established under Chapter 509;
(2) the county or counties certify to the department director
that they have neither adequate space in county-owned buildings
nor adequate funds to lease additional physical facilities,
purchase additional equipment, or pay for additional utilities
required by the department; and
(3) the county or counties provide facilities, equipment, and
utilities at or above the levels required by the division.
(b) The division shall set as the level of contribution a county
or counties must meet or exceed to receive district funds under
Subsection (a) a level not lower than the average level provided
by the county or counties during the fiscal year in which the
funds are to be received and the four fiscal years immediately
preceding that year.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
255, Sec. 7, eff. May 30, 2005.
Sec. 76.010. STATE FUNDS OR GUARANTEES FOR CORRECTIONS
FACILITIES. (a) In this section:
(1) "Community corrections facility" has the meaning assigned by
Section 509.001.
(2) "State jail felony facility" means a facility operated or
contracted for by the Texas Department of Criminal Justice under
Subchapter A, Chapter 507, for the confinement of individuals
convicted of state jail felonies.
(b) A department, county, municipality, or a combination
involving more than one of those entities may establish a
community corrections facility and are specifically encouraged to
purchase or enter into a contract for the use of abandoned or
underutilized public facilities, such as former military bases
and rural hospitals, for the purpose of providing community
corrections facilities.
(c) The department may authorize expenditures of funds provided
by the division to the department for the purposes of providing
facilities, equipment, and utilities for community corrections
facilities or state jail felony facilities if:
(1) the community justice council recommends the expenditures;
and
(2) the division, or the correctional institutions division of
the Texas Department of Criminal Justice in the case of a state
jail felony facility, provides funds for the purpose of assisting
in the establishment or improvement of the facilities.
(d) A department may acquire, hold title to, and own real
property for the purpose of establishing a community corrections
facility or a state jail felony facility.
(e) A department, county, municipality, or a combination
involving more than one of those entities may not use a facility
or real property purchased, acquired, or improved with state
funds unless the division, or the correctional institutions
division of the Texas Department of Criminal Justice in the case
of a state jail felony facility, first approves the use.
(f) The division or the correctional institutions division of
the Texas Department of Criminal Justice, in the case of a state
jail felony facility, is entitled to reimbursement from an entity
described by Subsection (e) of all state funds used by the entity
without the approval required by Subsection (e).
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
255, Sec. 8, eff. May 30, 2005.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.065, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.066, eff. September 1, 2009.
Sec. 76.011. PRETRIAL SERVICES. (a) The department may operate
programs for the supervision and rehabilitation of persons in
pretrial intervention programs. Programs may include testing for
controlled substances. A person in a pretrial intervention
program may be supervised for a period not to exceed two years.
(b) The department may use money deposited in the special fund
of the county treasury for the department under Article
103.004(b), Code of Criminal Procedure, only for the same
purposes for which state aid may be used under this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
91, Sec. 1, eff. September 1, 2005.
Sec. 76.012. REPORTING AND MANAGEMENT SERVICES. A department
may enter into a contract with a public or private vendor to
provide telephone reporting, automated caseload management, and
collection services for fines, fees, restitution, and other costs
ordered to be paid by a court or fees imposed by a department.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995.
Sec. 76.013. RESTITUTION. (a) If a judge requires a defendant
to make restitution to a victim of the defendant's offense, and a
payment is received by a department from the defendant for
transmittal to a victim of the offense, the department that
receives the payment for disbursement to the victim shall
immediately deposit the payment in an interest-bearing account in
the county treasury as required by Section 140.003(f), Local
Government Code.
(b) If an initial restitution payment is received by a
department, the department immediately shall notify the victim of
that fact by certified mail, mailed to the last known address of
the victim. If a victim then makes a claim for payment, the
department promptly shall remit the payment to the victim. A
department is obligated to make a good faith effort to locate and
notify a victim that an unclaimed payment exists. The department
satisfies the good faith requirement under this subsection by
sending to the victim by certified mail on any one occasion
during the period the defendant is required to make payments a
notice that the victim is entitled to an unclaimed payment. Not
earlier than the fifth anniversary of the date on which the
department mails notice under this subsection, if the victim has
not made a claim for payment, the department shall transfer from
the interest-bearing account to the comptroller all payments
received. After making an initial transfer of payments to the
comptroller under this subsection, the department, not later than
the 121st day after the date the department receives a subsequent
payment, shall transfer the subsequent payment to the
comptroller. The department shall deduct five percent of the
payment or subsequent payment as a collection fee and deduct any
interest accrued on the payment or subsequent payment before
transferring the payment to the comptroller under this
subsection. The comptroller shall deposit the payment in the
state treasury to the credit of the compensation to victims of
crime auxiliary fund.
(c) The collection fee under Subsection (b) and the accrued
interest under Subsections (a) and (b) shall be deposited in the
special fund of the county treasury provided by Section 509.011
to be used for the same purposes for which state aid may be used
under that section. The department has a maximum of 121 days
after the five-year expiration date to transfer the funds to the
comptroller's office. Failure to comply with the 121-day deadline
will result in a five percent collection fee penalty calculated
from the total deposit and all interest attributable to the
unclaimed funds.
(d) If the victim of the offense claims the payment during the
five-year period in which the payment is held in the
interest-bearing account, the department shall pay the victim the
amount of the original payment, less any interest earned while
holding the payment. After the payment has been transferred to
the comptroller, the department has no liability in regard to the
payment, and any claim for the payment must be made to the
comptroller. If the victim makes a claim to the comptroller, the
comptroller shall pay the victim the amount of the original
payment, less the collection fee, from the compensation to
victims of crime auxiliary fund.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 9.04(a),
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 796, Sec. 1, eff.
Sept. 1, 1997.
Sec. 76.014. ASSESSMENT AND ENHANCEMENT OF DEFENDANT'S
EDUCATIONAL SKILLS. (a) A department, with the assistance of
the Texas Workforce Commission, the Texas Workforce Investment
Council, local workforce development boards, and other
appropriate public and private entities, may establish a
developmental program for a defendant under the supervision of
the department on the basis of information obtained in the
presentence investigation report prepared for the defendant.
(b) The developmental program may provide the defendant with the
educational and vocational training necessary to:
(1) meet the average skill level of students who have completed
the sixth grade in public schools in this state; and
(2) maintain employment while under the supervision of the
department, to lessen the likelihood that the defendant will
commit additional offenses.
(c) To decrease expenditures by departments for the educational
and vocational skills assessment and enhancement program
established under this section, the Texas Department of Economic
Development shall provide information to departments, the Texas
Workforce Commission, the Texas Workforce Investment Council,
local workforce development boards, and other appropriate public
and private entities for obtaining financial assistance through
programs under Chapter 301, Labor Code, and other applicable
programs of public or private entities.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 9.05(a),
eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 818, Sec. 6.05,
eff. Sept. 1, 2003.
Sec. 76.015. ADMINISTRATIVE FEE. (a) A department may collect
money from an individual as ordered by a court served by the
department regardless of whether the individual is under the
department's supervision.
(b) A department that collects money under this section shall
promptly transfer the money collected to the appropriate county
or state officer.
(c) A department may assess a reasonable administrative fee of
not less than $25 and not more than $40 per month on an
individual who participates in a department program or receives
department services and who is not paying a monthly fee under
Section 19, Article 42.12, Code of Criminal Procedure.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 9.07(a), eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 983, Sec. 1(a), eff. Sept. 1,
1997.
Sec. 76.016. VICTIM NOTIFICATION. (a) A department, using the
name and address provided by the attorney representing the state
under Article 56.08(d), Code of Criminal Procedure, shall
immediately notify a victim of the defendant's crime or, if the
victim has a guardian or is deceased, notify the guardian of the
victim or close relative of the deceased victim of:
(1) the fact that the defendant has been placed on community
supervision;
(2) the conditions of community supervision imposed on the
defendant by the court; and
(3) the date, time, and location of any hearing or proceeding at
which the conditions of the defendant's community supervision may
be modified or the defendant's placement on community supervision
may be revoked or terminated.
(b) In this section, "close relative of a deceased victim,"
"guardian of a victim," and "victim" have the meanings assigned
by Article 56.01, Code of Criminal Procedure.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 9.08(a), eff. Sept.
1, 1997. Amended by Acts 2001, 77th Leg., ch. 1034, Sec. 9, eff.
Sept. 1, 2001.
Sec. 76.017. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAM.
(a) A department may establish a treatment alternative to
incarceration program in each county served by the department
according to standards adopted by the division. A department may
enter into an interlocal cooperation agreement with one or more
other departments in order to establish this program on a
regional basis.
(b) The program must:
(1) include automatic screening and evaluation of a person
arrested for an offense, other than a Class C misdemeanor, in
which an element of the offense is the use or possession of
alcohol or the use, possession, or sale of a controlled substance
or marihuana;
(2) include automatic screening and evaluation of a person
arrested for an offense, other than a Class C misdemeanor, in
which the use of alcohol or drugs is suspected to have
significantly contributed to the offense for which the individual
has been arrested;
(3) coordinate the evaluation and referral to treatment
services; and
(4) make referrals for the appropriate treatment of a person
determined to be in need of treatment, including referrals to a
community corrections facility as defined by Section 509.001.
(c) A program administered under this section must use a
screening and evaluation procedure developed or approved by the
division.
(d) After a person is screened and evaluated, a representative
of the department shall meet with the participating criminal
justice and treatment agencies to review the person's case and to
determine if the person should be referred for treatment. If a
person is considered appropriate for referral, the person may be
referred to community-based treatment in accordance with
applicable law or any other treatment program deemed appropriate.
A magistrate may order a person to participate in a treatment
program recommended under this section, including treatment in a
drug court program established under Chapter 469, Health and
Safety Code, as a condition of bond or condition of pretrial
release.
(e) A department may contract for the provision of treatment
services. The department may pay for services only if other
adequate public or private sources of payment are not available.
A person is responsible for the payment of any treatment program
recommended under this section if it is determined that a person
referred for treatment is able to pay for the costs of treatment
or if the person has insurance that will pay for the treatment.
If a person is able to pay for treatment or if the person has
insurance that will pay for the treatment, the payment may be
made a condition for receiving treatment.
(f) An employee of a department or treatment provider either
administering this program or providing services under this
section may exchange or otherwise disclose information regarding
the assessment, evaluation, or treatment of a person
participating in this program to:
(1) another employee of the department;
(2) an officer in the court that has jurisdiction over the
person's case;
(3) a county sheriff or jail administrator;
(4) an employee of the Texas Department of Criminal Justice; or
(5) any employee in a facility, institution, or halfway house in
which a person may be confined in accordance with a disposition
of the criminal charges in the case.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 9.09(a), eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 1269, Sec. 1, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1139, Sec. 1, eff. June 18, 2005.
Sec. 76.018. APPLICATION OF LAW RELATING TO FREE EXERCISE OF
RELIGION. For purposes of Chapter 110, Civil Practice and
Remedies Code, an ordinance, rule, order, decision, or practice
that applies to a person in the custody of a correctional
facility operated by or under a contract with a community
supervision and corrections department is presumed to be in
furtherance of a compelling governmental interest and the least
restrictive means of furthering that interest. The presumption
may be rebutted.
Added by Acts 1999, 76th Leg., ch. 399, Sec. 3, eff. Aug. 30,
1999.