CHAPTER 469. DRUG COURT PROGRAMS
HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE B. ALCOHOL AND SUBSTANCE ABUSE PROGRAMS
CHAPTER 469. DRUG COURT PROGRAMS
Sec. 469.001. DRUG COURT PROGRAM DEFINED; PROCEDURES FOR CERTAIN
DEFENDANTS. (a) In this chapter, "drug court program" means a
program that has the following essential characteristics:
(1) the integration of alcohol and other drug treatment services
in the processing of cases in the judicial system;
(2) the use of a nonadversarial approach involving prosecutors
and defense attorneys to promote public safety and to protect the
due process rights of program participants;
(3) early identification and prompt placement of eligible
participants in the program;
(4) access to a continuum of alcohol, drug, and other related
treatment and rehabilitative services;
(5) monitoring of abstinence through weekly alcohol and other
drug testing;
(6) a coordinated strategy to govern program responses to
participants' compliance;
(7) ongoing judicial interaction with program participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote effective
program planning, implementation, and operations; and
(10) development of partnerships with public agencies and
community organizations.
(b) If a defendant successfully completes a drug court program,
regardless of whether the defendant was convicted of the offense
for which the defendant entered the program or whether the court
deferred further proceedings without entering an adjudication of
guilt, after notice to the state and a hearing on whether the
defendant is otherwise entitled to the petition and whether
issuance of the order is in the best interest of justice, the
court shall enter an order of nondisclosure under Section
411.081, Government Code, as if the defendant had received a
discharge and dismissal under Section 5(c), Article 42.12, Code
of Criminal Procedure, with respect to all records and files
related to the defendant's arrest for the offense for which the
defendant entered the program if the defendant:
(1) has not been previously convicted of a felony offense; and
(2) is not convicted for any other felony offense before the
second anniversary of the defendant's successful completion of
the program.
(c) Notwithstanding Subsection (b), a defendant is not entitled
to petition the court for an order of nondisclosure following
successful completion of a drug court program if the defendant's
entry into the program arose as the result of a conviction for an
offense involving the operation of a motor vehicle while
intoxicated.
Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
625, Sec. 1, eff. June 15, 2007.
Sec. 469.002. AUTHORITY TO ESTABLISH PROGRAM. The commissioners
court of a county or governing body of a municipality may
establish the following types of drug court programs:
(1) drug courts for persons arrested for, charged with, or
convicted of:
(A) an offense in which an element of the offense is the use or
possession of alcohol or the use, possession, or sale of a
controlled substance, a controlled substance analogue, or
marihuana; or
(B) an offense in which the use of alcohol or a controlled
substance is suspected to have significantly contributed to the
commission of the offense and the offense did not involve:
(i) carrying, possessing, or using a firearm or other dangerous
weapon;
(ii) the use of force against the person of another; or
(iii) the death of or serious bodily injury to another;
(2) drug courts for juveniles detained for, taken into custody
for, or adjudicated as having engaged in:
(A) delinquent conduct, including habitual felony conduct, or
conduct indicating a need for supervision in which an element of
the conduct is the use or possession of alcohol or the use,
possession, or sale of a controlled substance, a controlled
substance analogue, or marihuana; or
(B) delinquent conduct, including habitual felony conduct, or
conduct indicating a need for supervision in which the use of
alcohol or a controlled substance is suspected to have
significantly contributed to the commission of the conduct and
the conduct did not involve:
(i) carrying, possessing, or using a firearm or other dangerous
weapon;
(ii) the use of force against the person of another; or
(iii) the death of or serious bodily injury to another;
(3) reentry drug courts for persons with a demonstrated history
of using alcohol or a controlled substance who may benefit from a
program designed to facilitate the person's transition and
reintegration into the community on release from a state or local
correctional facility;
(4) family dependency drug treatment courts for family members
involved in a suit affecting the parent-child relationship in
which a parent's use of alcohol or a controlled substance is a
primary consideration in the outcome of the suit; or
(5) programs for other persons not precisely described by
Subdivisions (1)-(4) who may benefit from a program that has the
essential characteristics described by Section 469.001.
Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
625, Sec. 2, eff. June 15, 2007.
Sec. 469.0025. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The
commissioners courts of two or more counties, or the governing
bodies of two or more municipalities, may elect to establish a
regional drug court program under this chapter for the
participating counties or municipalities.
(b) For purposes of this chapter, each county or municipality
that elects to establish a regional drug court program under this
section is considered to have established the program and is
entitled to retain fees under Article 102.0178, Code of Criminal
Procedure, in the same manner as if the county or municipality
had established a drug court program without participating in a
regional program.
Added by Acts 2007, 80th Leg., R.S., Ch.
625, Sec. 7, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1359, Sec. 1, eff. June 19, 2009.
Sec. 469.003. OVERSIGHT. (a) The lieutenant governor and the
speaker of the house of representatives may assign to appropriate
legislative committees duties relating to the oversight of drug
court programs established under this chapter.
(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial
or accounting audit of a drug court program established under
this chapter.
(c) A drug court program established under this chapter shall:
(1) notify the criminal justice division of the governor's
office before or on implementation of the program; and
(2) provide information regarding the performance of the program
to the division on request.
Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
625, Sec. 3, eff. June 15, 2007.
Sec. 469.004. FEES. (a) A drug court program established under
this chapter may collect from a participant in the program:
(1) a reasonable program fee not to exceed $1,000; and
(2) an alcohol or controlled substance testing, counseling, and
treatment fee in an amount necessary to cover the costs of the
testing, counseling, and treatment.
(b) Fees collected under this section may be paid on a periodic
basis or on a deferred payment schedule at the discretion of the
judge, magistrate, or program director administering the program.
The fees must be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
625, Sec. 4, eff. June 15, 2007.
Sec. 469.005. DRUG COURT PROGRAMS EXCLUSIVELY FOR CERTAIN
INTOXICATION OFFENSES. (a) The commissioners court of a county
may establish under this chapter a drug court program exclusively
for persons arrested for, charged with, or convicted of an
offense involving the operation of a motor vehicle while
intoxicated.
(b) A county that establishes a drug court program under this
chapter but does not establish a separate program under this
section must employ procedures designed to ensure that a person
arrested for, charged with, or convicted of a second or
subsequent offense involving the operation of a motor vehicle
while intoxicated participates in the county's existing drug
court program.
Added by Acts 2007, 80th Leg., R.S., Ch.
625, Sec. 7, eff. June 15, 2007.
Sec. 469.006. PROGRAM IN CERTAIN COUNTIES MANDATORY. (a) The
commissioners court of a county with a population of more than
200,000 shall establish a drug court program under Subdivision
(1) of Section 469.002.
(b) A county required under this section to establish a drug
court program shall apply for federal and state funds available
to pay the costs of the program. The criminal justice division
of the governor's office may assist a county in applying for
federal funds as required by this subsection.
(c) Notwithstanding Subsection (a), a county is required to
establish a drug court program under this section only if the
county receives federal or state funding, including funding under
Article 102.0178, Code of Criminal Procedure, specifically for
that purpose.
(d) A county that does not establish a drug court program as
required by this section and maintain the program is ineligible
to receive from the state:
(1) funds for a community supervision and corrections
department; and
(2) grants for substance abuse treatment programs administered
by the criminal justice division of the governor's office.
Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
625, Sec. 5, eff. June 15, 2007.
Sec. 469.007. USE OF OTHER DRUG AND ALCOHOL AWARENESS PROGRAMS.
In addition to using a drug court program established under this
chapter, the commissioners court of a county or a court may use
other drug awareness or drug and alcohol driving awareness
programs to treat persons convicted of drug or alcohol related
offenses.
Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
625, Sec. 6, eff. June 15, 2007.
Sec. 469.008. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
REQUIREMENT. (a) Notwithstanding Sections 13 and 16, Article
42.12, Code of Criminal Procedure, to encourage participation in
a drug court program established under this chapter, the judge or
magistrate administering the program may suspend any requirement
that, as a condition of community supervision, a participant in
the program work a specified number of hours at a community
service project or projects.
(b) On a participant's successful completion of a drug court
program, a judge or magistrate may excuse the participant from
any condition of community supervision previously suspended under
Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch.
625, Sec. 7, eff. June 15, 2007.
Sec. 469.009. OCCUPATIONAL DRIVER'S LICENSE. Notwithstanding
Section 521.242, Transportation Code, if a participant's driver's
license has been suspended as a result of an alcohol-related or
drug-related enforcement contact, as defined by Section 524.001,
Transportation Code, or as a result of a conviction under Section
49.04, 49.07, or 49.08, Penal Code, the judge or magistrate
administering a drug court program under this chapter may order
that an occupational license be issued to the participant. An
order issued under this section is subject to Sections
521.248-521.252, Transportation Code, except that any reference
to a petition under Section 521.242 of that code does not apply.
Added by Acts 2007, 80th Leg., R.S., Ch.
625, Sec. 7, eff. June 15, 2007.