Law:Title 2. Judicial Branch. Subtitle F. Court Administration from Chapter 76. Community Supervision And Corrections Departments (Texas)

From Law Delta

Jump to: navigation, search

Subtitle F. Court Administration

Contents

Chapter 76. Community Supervision And Corrections Departments

Section  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.



Section  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(b)  Repealed by Acts 2005, 79th Leg., Ch. 255, Sec. 12, eff.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.



Section  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.



Section 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.



Section 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.



Section  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.



Section 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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox