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.