Title

Crim. Proc., Chapter 42 - Judgment And Sentence

Text

CHAPTER 42 - JUDGMENT AND SENTENCE

Article

42.01. Judgment.

42.011. Judgment affecting an officer or jailer.

42.013. Finding of family violence.

42.014. Finding that offense was committed because of bias

or prejudice.

42.02. Sentence.

42.023. Judge may consider alternative sentencing.

42.03. Pronouncing sentence; time; credit for time spent

in jail between arrest and sentence or pending appeal.

42.031. Work release program.

42.032. Good conduct.

42.033. Sentence to serve time during off-work hours.

42.034. County jail work release program.

42.035. Electronic monitoring; house arrest.

42.036. Community service.

42.037. Restitution.

42.04. Sentence when appeal is taken.

42.045. Issuance of mandate; judgments final.!!

[Delivery of mandate; judgments final.]

42.05. If court is about to adjourn.!! [Expiration of

court term.]

42.07. Reasons to prevent sentence.!! [Sentence not

pronounced.]

42.08. Cumulative or concurrent sentence.

42.09. Commencement of sentence; status during appeal; pen

packet.

42.10. Satisfaction of judgment as in misdemeanor

convictions.!! [Judgment satisfaction same as in

misdemeanor convictions.]

42.11. Uniform Act for out-of-state probationer and

parolee supervision.

42.111. Deferral of proceedings in cases appealed to

county court.

42.12. Community supervision.

42.121. (Repealed.)

42.122. Adult Probation Officer of 222nd Judicial

District; salary and expenses; payment by county.

42.13. (Repealed.)

42.131. (Repealed.)

42.14. In absence of defendant.!! [Defendant not

present.]

42.141. Battering intervention and prevention program.

42.15. Fines.

42.151. Fees for abused children's counseling.

42.152. Repayment of reward.

42.16. On other judgment.

42.17. Transfer under treaty.!! [Transfer per treaty.]

42.18. Adult Parole and Mandatory Supervision Law.

42.19. Interstate Corrections Compact.

42.20. Immunities.

42.21. Notice of release of family violence offenders.

42.22. Restitution liens.

Art. 42.01. Judgment.

Sec. 1. A judgment is the written declaration of the

court signed by the trial judge and entered of record

showing the conviction or acquittal of the defendant. The

sentence served shall be based on the information contained

in the judgment. The judgment should reflect:

1. The title and number of the case;

2. That the case was called and the parties appeared,

naming the attorney for the state, the defendant, and the

attorney for the defendant, or, where a defendant is not

represented by counsel, that the defendant knowingly,

intelligently, and voluntarily waived the right to

representation by counsel;

3. The plea or pleas of the defendant to the offense

charged;

4. Whether the case was tried before a jury or a jury

was waived;

5. The submission of the evidence, if any;

6. In cases tried before a jury that the jury was

charged by the court;

7. The verdict or verdicts of the jury or the finding or

findings of the court;

8. In the event of a conviction that the defendant is

adjudged guilty of the offense as found by the verdict of

the jury or the finding of the court, and that the

defendant be punished in accordance with the jury's verdict

or the court's finding as to the proper punishment;

9. In the event of conviction where death or any

punishment is assessed that the defendant be sentenced to

death, a term of confinement or community supervision, or

to pay a fine, as the case may be;

10. In the event of conviction where the imposition of

sentence is suspended and the defendant is placed on

community supervision, setting forth the punishment

assessed, the length of community supervision, and the

conditions of community supervision;

11. In the event of acquittal that the defendant be

discharged;

12. The county and court in which the case was tried

and, if there was a change of venue in the case, the name

of the county in which the prosecution was originated;

13. The offense or offenses for which the defendant was

convicted;

14. The date of the offense or offenses and degree of

offense for which the defendant was convicted;

15. The term of sentence;

16. The date judgment is entered;

17. The date sentence is imposed;

18. The date sentence is to commence and any credit for

time served;

19. The terms of any order entered pursuant to Article

42.08 of this code that the defendant's sentence is to run

cumulatively or concurrently with another sentence or

sentences;

20. The terms of any plea bargain;

21. Affirmative findings entered pursuant to Subdivision

(2) of Subsection (a) of Section 3g of Article 42.12 of

this code;

22. The terms of any fee payment ordered under Articles

37.072 and 42.151 of this code;

23. The defendant's thumbprint taken in accordance with

Article 38.33 of this code;

24. In the event that the judge orders the defendant to

repay a reward or part of a reward under Articles 37.073

and 42.152 of this code, a statement of the amount of the

payment or payments required to be made;

25. In the event that the court orders restitution to be

paid to the victim, a statement of the amount of

restitution ordered and:

(A) the name of the victim and the permanent mailing

address of the victim at the time of the judgment; or

(B) if the court determines that the inclusion of the

victim's name and address in the judgment is not in the

best interest of the victim, the name and address of a

person or agency that will accept and forward restitution

payments to the victim;

26. In the event that a presentence investigation is

required by Section 9(a), (b), (h), or (i), Article 42.12

of this code, a statement that the presentence

investigation was done according to the applicable

provision; and

27. In the event of conviction of an offense for which

registration as a sex offender is required under Chapter

62, a statement that the registration requirement of that

chapter applies to the defendant and a statement of the age

of the victim of the offense.

(Chgd. by L.1997, chap. 668(2), eff. 9/1/97.)

Sec. 2. The judge may order the clerk of the court,

the prosecuting attorney, or the attorney or attorneys

representing any defendant to prepare the judgment, or the

court may prepare the same.

Sec. 3. The provisions of this article shall apply

to both felony and misdemeanor cases.

Sec. 4. The Office of Court Administration of the

Texas Judicial System shall promulgate a standardized

felony judgment form that conforms to the requirements of

Section 1 of this article.

Sec. 5. In addition to the information described by

Section 1 of this article, the judgment should reflect

affirmative findings entered pursuant to Article 42.013 of

this code.

Sec. 6. In addition to the information described by

Section 1 of this article, the judgment should reflect

affirmative findings entered pursuant to Article 42.014 of

this code.

(Chgd. by L.1989, chaps. 360(2), 603(2), 611(2), 806(1);

L.1991, 16(4.04), 2nd C.S., chaps. 10(7.02); L.1993, chaps.

900(5.03), (9.02); 987(4); L.1995, chap. 258(9), eff.

9/1/95.)

Art. 42.011. Judgment affecting an officer or jailer.

If a person licensed under Chapter 415, Government Code,

is charged with the commission of a felony and a court that

knows the person is licensed under that chapter convicts

the person or places the person on community supervision,

the clerk of the court shall send the Commission on Law

Enforcement Officer Standards and Education, by mail or

electronically, the license number of the person and a

certified copy of the court's judgment reflecting that the

person has been convicted or placed on community

supervision. (Added by L.1995, chap. 538(10), eff.

9/1/95.)

Art. 42.013. Finding of family violence.

In the trial of an offense under Title 5, Penal Code, if

the court determines that the offense involved family

violence, as defined by Section 71.01, Family Code, the

court shall make an affirmative finding of that fact and

enter the affirmative finding in the judgment of the case.

(Added by L.1993, chap. 900(9.01), eff. 9/1/93.)

Art. 42.014. Finding that offense was committed because

of bias or prejudice.

In the punishment phase of the trial of an offense under

the Penal Code, if the court determines that the defendant

intentionally selected the victim primarily because of the

defendant's bias or prejudice against a group, the court

shall make an affirmative finding of that fact and enter

the affirmative finding in the judgment of that case.

(Added by L.1993, chap. 987(5); chgd. by L.1995, chap.

318(50), eff. 9/1/95.)

Art. 42.02. Sentence.

The sentence is that part of the judgment, or order

revoking a suspension of the imposition of a sentence, that

orders that the punishment be carried into execution in the

manner prescribed by law. (Chgd. by L.1993, chap.

900(5.03), eff. 9/1/93.)

Art. 42.023. Judge may consider alternative sentencing.

Before pronouncing sentence on a defendant convicted of

a criminal offense, the judge may consider whether the

defendant should be committed for care and treatment under

Section 462.081, Health and Safety Code. (Added by

L.1993, chap. 900(5.03), eff. 9/1/93.)

Art. 42.03. Pronouncing sentence; time; credit for time

spent in jail between arrest and sentence or pending

appeal.

Sec. 1. (a) Except as provided in Article 42.14,

sentence shall be pronounced in the defendant's presence.

(b) The court shall permit a victim, close relative of a

deceased victim, or guardian of a victim, as defined by

Article 56.01 of this code, to appear in person to present

to the court and to the defendant a statement of the

person's views about the offense, the defendant, and the

effect of the offense on the victim. The victim, relative,

or guardian may not direct questions to the defendant while

making the statement. The court reporter may not transcribe

the statement. The statement must be made:

(1) after punishment has been assessed and the court has

determined whether or not to grant community supervision in

the case;

(2) after the court has announced the terms and

conditions of the sentence; and

(3) after sentence is pronounced.

Sec. 2. (a) In all criminal cases the judge of the

court in which the defendant was convicted shall give the

defendant credit on his sentence for the time that the

defendant has spent in jail in said cause, other than

confinement served as a condition of community supervision,

from the time of his arrest and confinement until his

sentence by the trial court.

(b) In all revocations of a suspension of the imposition

of a sentence the judge shall enter the restitution or

reparation due and owing on the date of the revocation.

Sec. 3. If a defendant appeals his conviction, is

not released on bail, and is retained in a jail as provided

in Section 7, Article 42.09, pending his appeal, the judge

of the court in which the defendant was convicted shall

give the defendant credit on his sentence for the time that

the defendant has spent in jail pending disposition of his

appeal. The court shall endorse on both the commitment and

the mandate from the appellate court all credit given the

defendant under this section, and the institutional

division of the Texas Department of Criminal Justice shall

grant the credit in computing the defendant's eligibility

for parole and discharge.

Sec. 4. When a defendant who has been sentenced to

imprisonment in the institutional division of the Texas

Department of Criminal Justice has spent time in jail

pending trial and sentence or pending appeal, the judge of

the sentencing court shall direct the sheriff to attach to

the commitment papers a statement assessing the defendant's

conduct while in jail.

Sec. 5. to Sec. 7A. (Repealed.)

Sec. 8. (a) - (f) (Repealed.)

(g) An employee of the Texas Department of Criminal

Justice, sheriff, employee of a sheriff's department,

county commissioner, county employee, county judge,

employee of a community corrections and supervision

department, restitution center, or officer or employee of a

political subdivision other than a county is not liable for

damages arising from an act or failure to act in connection

with community service performed by an inmate pursuant to

court order under this article or in connection with an

inmate or offender programmatic or nonprogrammatic

activity, including work, educational, and treatment

activities, if the act or failure to act was not

intentional, wilfully or wantonly negligent, or performed

with conscious indifference or reckless disregard for the

safety of others.

(Chgd. by L.1989, chap. 785(4.06), (4.24); L.1991, chap.

278(1); 2nd C.S., chap. 10(14.01); L.1993, chaps. 201(1),

900(5.03); L.1995, chap. 556(1), eff. 9/1/95.)

Art. 42.031. Work release program.

Sec. 1. (a) The sheriff of each county may attempt

to secure employment for each defendant sentenced to the

county jail work release program under Article 42.034 of

this code and each defendant confined in the county jail

awaiting transfer to the institutional division of the

Texas Department of Criminal Justice.

(b) The employer of a defendant participating in a

program under this article shall pay the defendant's salary

to the sheriff. The sheriff shall deposit the salary into a

special fund to be given to the defendant on his release

after deducting:

(1) the cost to the county for the defendant's

confinement during the pay period based on the average

daily cost of confining defendants in the county jail, as

determined by the commissioners court of the county;

(2) support of the defendant's dependents; and

(3) restitution to the victims of an offense committed

by the defendant.

(c) At the time of sentencing or at a later date, the

court sentencing a defendant may direct the sheriff not to

deduct the cost described under Subdivision (1) of

Subsection (b) of this section or to deduct only a

specified portion of the cost if the court determines that

the full deduction would cause a significant financial

hardship to the defendant's dependents.

(d) If the sheriff does not find employment for a

defendant who would otherwise be sentenced to imprisonment

in the institutional division, the sheriff shall:

(1) transfer the defendant to the sheriff of a county

who agrees to accept the defendant as a participant in the

county jail work release program; or

(2) retain the defendant in the county jail for

employment as soon as possible in a jail work release

program.

(e) (Repealed.)

Sec. 2. A defendant participating in a program under

this article shall be confined in the county jail or in

another facility designated by the sheriff at all times

except for:

(1) time spent at work and traveling to or from work;

and

(2) time spent attending or traveling to or from an

education or rehabilitation program approved by the

sheriff.

Sec. 3. (a) The sheriff of each county shall

classify each felon serving a sentence in the county jail

work release program for the purpose of awarding good

conduct time credit in the same manner as inmates of the

institutional division of the Texas Department of Criminal

Justice are classified under Chapter 498, Government Code,

and shall award good conduct time in the same manner as the

director of the department does in that chapter.

(b) If the sheriff determines that the defendant is

conducting himself in a manner that is dangerous to inmates

in the county jail or to society as a whole, the sheriff

may remove the defendant from participation in the program

pending a hearing before the sentencing court. At the

hearing, if the court determines that the sheriff's

assessment of the defendant's conduct is correct, the court

may terminate the defendant's participation in the program

and order the defendant to the term of imprisonment that

the defendant would have received has he not entered the

program. If the court determines that the sheriff's

assessment is incorrect, the court shall order the sheriff

to readmit the defendant to the program. A defendant shall

receive as credit toward his sentence any time served as a

participant in the program.

(Added by L.1989, chap. 2(5.03(a)); chgd. by L.1989,

chap. 785; L.1991, 2nd C.S., chap. 10(14.10), (14.11);

chgd. by L.1993, chap. 900(5.03), eff. 9/1/93.)

Art. 42.032. Good conduct.

Sec. 1. To encourage county jail discipline, a

distinction may be made to give orderly, industrious, and

obedient defendants the comforts and privileges they

deserve. The reward for good conduct may consist of a

relaxation of strict county jail rules and extension of

social privileges consistent with proper discipline.

Sec. 2. The sheriff in charge of each county jail

may grant commutation of time for good conduct, industry,

and obedience. A deduction not to exceed one day for each

day of the original sentence actually served may be made

for the term or terms of sentences if a charge of

misconduct has not been sustained against the defendant.

Sec. 3. This article applies whether or not the

judgment of conviction is a fine or jail sentence or both,

but the deduction in time may not exceed one-third of the

original sentence as to fines and court costs assessed in

the judgment of conviction.

Sec. 4. A defendant serving two or more cumulative

sentences shall be allowed commutation as if the sentences

were one sentence.

Sec. 5. Any part or all of the commutation accrued

under this article may be forfeited and taken away by the

sheriff for a sustained charge of misconduct in violation

of any rule known to the defendant, including escape or

attempt to escape, if the sheriff has complied with

discipline proceedings as approved by the Commission on

Jail Standards.

Sec. 6. Except for credit earned by a defendant

under Article 43.10, no other time allowance or credits in

addition to the commutation of time under this article may

be deducted from the term or terms of sentences.

Sec. 7. The sheriff shall keep a conduct record in

card or ledger form and a calendar card on each defendant

showing all forfeitures of commutation time and the reasons

for the forfeitures.

(Added by L.1989, chap. 2(5.04(a)); chgd. by L.1991, 2nd

C.S., chap. 10(14.05); L.1993, chap. 900(5.03), eff.

9/1/93.)

Art. 42.033. Sentence to serve time during off-work

hours.

(a) Where jail time has been awarded to a person

sentenced for a misdemeanor or sentenced to confinement in

the county jail for a felony or when a defendant is serving

a period of confinement as a condition of community

supervision, the trial judge, at the time of the

pronouncement of sentence or at any time while the

defendant is serving the sentence or period of confinement,

when in the judge's discretion the ends of justice would

best be served, may permit the defendant to serve the

defendant's sentence or period of confinement

intermittently during his off-work hours or on weekends.

The judge may require bail of the defendant to ensure the

faithful performance of the sentence or period of

confinement. The judge may attach conditions regarding the

employment, travel, and other conduct of the defendant

during the performance of such a sentence or period of

confinement.

(b) The court may impose as a condition to permitting a

defendant to serve the jail time assessed or period of

confinement intermittently an additional requirement that

the defendant make any of the following payments to the

court, agencies, or persons, or that the defendant execute

a letter and direct it to the defendant's employer

directing the employer to deduct from the defendant's

salary an amount directed by the court, which is to be sent

by the employer to the clerk of the court. The money

received by the court under this section may be used to pay

the following expenses as directed by the court:

(1) the support of the defendant's dependents, if

necessary;

(2) the defendant's documented personal, business, and

travel expenses;

(3) reimbursement of the general fund of the county for

the maintenance of the defendant in jail; and

(4) installment payments on restitution, fines, and

court costs ordered by the court.

(c) The condition imposed under Subsection (b) of this

article is not binding on an employer, except that income

withheld for child support is governed by Chapter 158,

Family Code.

(d) The court may permit the defendant to serve the

defendant's sentence or period of confinement

intermittently in order for the defendant to continue

employment if the court imposes confinement for failure to

pay a fine or court costs, as punishment for criminal

nonsupport under Section 25.05, Penal Code, or for contempt

of a court order for periodic payments for the support of a

child.

(e) The court may permit the defendant to seek

employment or obtain medical, psychological, or substance

abuse treatment or counseling or obtain training or needed

education under the same terms and conditions that apply to

employment under this article.

(Added by L.1989, chap. 785(4.07); chgd. by L.1991, 2nd

C.S., chap. 10(14.06); L.1993, chap. 900(5.03); L.1997,

chap. 165(7.03), eff. 9/1/97.)

Art. 42.034. County jail work release program.

(a) If jail time has been awarded to a person sentenced

for a misdemeanor or sentenced to confinement in the county

jail for a felony, the trial judge at the time of

pronouncement of sentence or at any time while the

defendant is serving the sentence, when in the judge's

discretion the ends of justice would best be served, may

require the defendant to serve an alternate term for the

same period of time in the county jail work release program

of the county in which the offense occurred, if the person

is classified by the sheriff as a low-risk offender under

the classification system developed by the Commission on

Jail Standards under Section 511.009, Government Code.

(b) The sheriff shall provide a classification report

for a defendant to a judge as necessary so that the judge

can determine whether to require the defendant to

participate in the work release program under this article.

(c) A defendant sentenced under this article who would

otherwise be sentenced to confinement in jail may earn good

conduct credit in the same manner as provided by Article

42.032 of this code, but only while actually confined.

(Added by L.1989, chap. 785(4.08); chgd. by L.1991, 2nd

C.S., chap. 10(14.07); L.1993, chap. 900(5.03); L.1995,

chap. 722(1), eff. 9/1/95.)

Art. 42.035. Electronic monitoring; house arrest.

(a) A court in a county served by a community

supervision and corrections department that has an

electronic monitoring program approved by the community

justice assistance division of the Texas Department of

Criminal Justice may require a defendant to serve all or

part of a sentence of confinement in county jail by

submitting to electronic monitoring rather than being

confined in the county jail.

(b) A judge, at the time of the pronouncement of a

sentence of confinement or at any time while the defendant

is serving the sentence, on the judge's own motion or on

the written motion of the defendant, may permit the

defendant to serve the sentence under house arrest,

including electronic monitoring and any other conditions

the court chooses to impose, during the person's off-work

hours. The judge may require bail of the defendant to

ensure the faithful performance of the sentence.

(c) The court may require the defendant to pay to the

community supervision and corrections department or the

county any reasonable cost incurred because of the

defendant's participation in the house arrest program,

including the cost of electronic monitoring.

(d) A defendant who submits to electronic monitoring or

participates in the house arrest program under this section

discharges a sentence of confinement without deductions,

good conduct time credits, or commutations.

(Added by L.1989, chap. 785(4.09); chgd. by L.1993, chap.

900(5.03), eff. 9/1/93.)

Art. 42.036. Community service.

(a) A court may require a defendant, other than a

defendant convicted of an offense under Sections 49.04-

49.08, Penal Code, to serve all or part of a sentence of

confinement or period of confinement required as a

condition of community supervision in county jail by

performing community service rather than by being confined

in county jail unless the sentence of confinement was

imposed by the jury in the case.

(b) In its order requiring a defendant to participate in

community service work, the court must specify:

(1) the number of hours the defendant is required to

work; and

(2) the entity or organization for which the defendant

is required to work.

(c) The court may order the defendant to perform

community service work under this article only for a

governmental entity or a nonprofit organization that

provides services to the general public that enhance social

welfare and the general well-being of the community. A

governmental entity or nonprofit organization that accepts

a defendant under this section to perform community service

must agree to supervise the defendant in the performance of

the defendant's work and report on the defendant's work to

the community supervision and corrections department or

court-related services office.

(d) The court may require bail of a defendant to ensure

the defendant's faithful performance of community service

and may attach conditions to the bail as it determines are

proper.

(e) A court may not order a defendant who is employed to

perform more than 16 hours per week of community service

under this article unless the court determines that

requiring the defendant to work additional hours does not

work a hardship on the defendant or the defendant's

dependents. A court may not order a defendant who is

unemployed to perform more than 32 hours per week of

community service under this article, but may direct the

defendant to use the remaining hours of the week to seek

employment.

(f) A defendant is considered to have served one day in

jail for each eight hours of community service performed

under this article.

(g) (Repealed.)

(h) (Repealed by L.1995, chap. 76(3.14), eff.

9/1/95.)

(Added by L.1989, chap. 785(4.10); chgd. by L.1990, 6th

C.S., chap. 25(27); L.1991, 2nd C.S., chap. 10(14.08);

L.1993, chaps. 201(2), 900(5.03); L.1995, chap. 76(3.14),

eff. 9/1/95.)

Art. 42.037. Restitution.

(a) In addition to any fine authorized by law, the court

that sentences a defendant convicted of an offense may

order the defendant to make restitution to any victim of

the offense. If the court does not order restitution or

orders partial restitution under this subsection, the court

shall state on the record the reasons for not making the

order or for the limited order.

(b)(1) If the offense results in damage to or loss or

destruction of property of a victim of the offense, the

court may order the defendant:

(A) to return the property to the owner of the property

or someone designated by the owner; or

(B) if return of the property is impossible or

impractical or is an inadequate remedy, to pay an amount

equal to the greater of:

(i) the value of the property on the date of the

damage, loss, or destruction; or

(ii) the value of the property on the date of

sentencing, less the value of any part of the property that

is returned on the date the property is returned.

(2) If the offense results in bodily injury to a victim,

the court may order the defendant to do any one or more of

the following:

(A) pay an amount equal to the cost of necessary medical

and related professional services and devices relating to

physical, psychiatric, and psychological care, including

nonmedical care and treatment rendered in accordance with a

method of healing recognized by the law of the place of

treatment;

(B) pay an amount equal to the cost of necessary

physical and occupational therapy and rehabilitation; or

(C) reimburse the victim for income lost by the victim

as a result of the offense.

(3) If the offense results in the death of a victim, the

court may, in addition to an order under Subdivision (2) of

this subsection, order the defendant to pay an amount equal

to the cost of necessary funeral and related services.

(4) If the victim or the victim's estate consents, the

court may, in addition to an order under Subdivision (2) of

this subsection, order the defendant to make restitution by

performing services instead of by paying money or make

restitution to a person or organization designated by the

victim or the estate.

(c) The court, in determining whether to order

restitution and the amount of restitution, shall consider:

(1) the amount of the loss sustained by any victim as a

result of the offense;

(2) the financial resources of the defendant;

(3) the financial needs and earning ability of the

defendant and the defendant's dependents; and

(4) other factors the court deems appropriate.

(d) If the court orders restitution under this article

and the victim is deceased the court shall order the

defendant to make restitution to the victim's estate.

(e) The court shall impose an order of restitution that

is as fair as possible to the victim. The imposition of the

order may not unduly complicate or prolong the sentencing

process.

(f)(1) The court may not order restitution for a loss

for which the victim has received or will receive

compensation. The court may, in the interest of justice,

order restitution to any person who has compensated the

victim for the loss to the extent the person paid

compensation. An order of restitution shall require that

all restitution to a victim be made before any restitution

to any other person is made under the order.

(2) Any amount recovered by a victim from a person

ordered to pay restitution in a federal or state civil

proceeding is reduced by any amount previously paid to the

victim by the person under an order of restitution.

(g)(1) The court may require a defendant to make

restitution under this article within a specified period or

in specified installments.

(2) The end of the period or the last installment may

not be later than:

(A) the end of the period of probation, if probation is

ordered;

(B) five years after the end of the term of imprisonment

imposed, if the court does not order probation; or

(C) five years after the date of sentencing in any other

case.

(3) If the court does not provide otherwise, the

defendant shall make restitution immediately.

(4) The order of restitution must require the defendant

to make restitution directly to the victim or other person

eligible for restitution under this article or to deliver

the amount or property due as restitution to a community

supervision and corrections department for transfer to the

victim or person.

(h) If a defendant is placed on probation or is paroled

or released on mandatory supervision under this chapter,

the court or the Board of Pardons and Paroles shall order

the payment of restitution ordered under this article as a

condition of probation, parole, or mandatory supervision.

The court may revoke probation and the Board of Pardons and

Paroles may revoke parole or mandatory supervision if the

defendant fails to comply with the order. In determining

whether to revoke probation, parole, or mandatory

supervision, the court or board shall consider:

(1) the defendant's employment status;

(2) the defendant's earning ability;

(3) the defendant's financial resources;

(4) the willfulness of the defendant's failure to pay;

and

(5) any other special circumstances that may affect the

defendant's ability to pay.

(i) In addition to any other terms and conditions of

probation imposed under Article 42.12 of this code, the

court may require a probationer to reimburse the crime

victims compensation fund created under Subchapter B,

Chapter 56 for any amounts paid from that fund to a victim

of the probationer's offense. In this subsection, "victim"

has the meaning assigned by Article 56.01 of this code.

(j) The court may order a community supervision and

corrections department to obtain information pertaining to

the factors listed in Subsection (c) of this article. The

probation officer shall include the information in the

report required under Section 9(a), Article 42.12, of this

code or a separate report, as the court directs. The court

shall permit the defendant and the prosecuting attorney to

read the report.

(k) The court shall resolve any dispute relating to the

proper amount or type of restitution. The standard of proof

is a preponderance of the evidence. The burden of

demonstrating the amount of the loss sustained by a victim

as a result of the offense is on the prosecuting attorney.

The burden of demonstrating the financial resources of the

defendant and the financial needs of the defendant and the

defendant's dependents is on the defendant. The burden of

demonstrating other matters as the court deems appropriate

is on the party designated by the court as justice

requires.

(l) Conviction of a defendant for an offense

involving the act giving rise to restitution under this

article estops the defendant from denying the essential

allegations of that offense in any subsequent federal civil

proceeding or state civil proceeding brought by the victim,

to the extent consistent with state law.

(m) An order of restitution may be enforced by the state

or a victim named in the order to receive the restitution

in the same manner as a judgment in a civil action.

(Added by L.1993, chap. 806(1); chgd. by L.1995, chaps.

76(5.95(111)), 318(51), eff. 9/1/95.)

Art. 42.04. Sentence when appeal is taken.

When a defendant is sentenced to death, no date shall be

set for the execution of sentence until after the receipt

by the clerk of the trial court of the mandate of

affirmance of the court of criminal appeals.

Art. 42.045. Issuance of mandate; judgments final.!!

[Delivery of mandate; judgments final.]

(a) When a decision of a court of appeals or the Court

of Criminal Appeals becomes final, the clerk of such court

shall issue a mandate in the case to the trial court.

(b) A decision of a court of appeals shall be final:

(1) at the expiration of 45 days after the final ruling

of the court, unless:

(A) a petition for review has been filed within 30 days

after the final ruling of the court of appeals; or

(B) the Court of Criminal Appeals has filed an order for

review of the decision on its own motion; or

(2) at the expiration of 15 days from the date of

refusal of the Court of Criminal Appeals to grant a

petition for review.

(c) A decision of the Court of Criminal Appeals shall be

final at the expiration of 15 days from the ruling on the

final motion for rehearing or from the rendition of the

decision if no motion for rehearing is filed.

Art. 42.05. If court is about to adjourn.!! [Expiration

of court term.]

The time limit within which any act is to be done within

the meaning of this Code shall not be affected by the

expiration of the term of the court.

Art. 42.07. Reasons to prevent sentence.!! [Sentence

not pronounced.]

Before pronouncing sentence, the defendant shall be

asked whether he has anything to say why the sentence

should not be pronounced against him. The only reasons

which can be shown, on account of which sentence cannot be

pronounced, are:

1. That the defendant has received a pardon from the

proper authority, on the presentation of which, legally

authenticated, he shall be discharged;

2. That the defendant is incompetent to stand trial; and

if evidence be shown to support a finding of incompetency

to stand trial, no sentence shall be pronounced, and the

court shall proceed under Article 46.02 of this code; and

3. When a person who has been convicted escapes after

conviction and before sentence and an individual supposed

to be the same has been arrested he may before sentence is

pronounced, deny that he is the person convicted, and an

issue be accordingly tried before a jury, or before the

court if a jury is waived, as to his identity.

Art. 42.08. Cumulative or concurrent sentence.

(a) When the same defendant has been convicted in two or

more cases, judgment and sentence shall be pronounced in

each case in the same manner as if there had been but one

conviction. Except as provided by Sections (b) and (c) of

this article, in the discretion of the court, the judgment

in the second and subsequent convictions may either be that

the sentence imposed or suspended shall begin when the

judgment and the sentence imposed or suspended in the

preceding conviction has ceased to operate, or that the

sentence imposed or suspended shall run concurrently with

the other case or cases, and sentence and execution shall

be accordingly; provided, however, that the cumulative

total of suspended sentences in felony cases shall not

exceed 10 years, and the cumulative total of suspended

sentences in misdemeanor cases shall not exceed the maximum

period of confinement in jail applicable to the misdemeanor

offenses, though in no event more than three years,

including extensions of periods of community supervision

under Section 22, Article 42.12, of this code, if none of

the offenses are offenses under Chapter 49, Penal Code, or

four years, including extensions, if any of the offenses

are offenses under Chapter 49, Penal Code.

(b) If a defendant is sentenced for an offense committed

while the defendant was an inmate in the institutional

division of the Texas Department of Criminal Justice and

the defendant has not completed the sentence he was serving

at the time of the offense, the judge shall order the

sentence for the subsequent offense to commence immediately

on completion of the sentence for the original offense.

(c) If a defendant has been convicted in two or more

cases and the court suspends the imposition of the sentence

in one of the cases, the court may not order a sentence of

confinement to commence on the completion of a suspended

sentence for an offense.

(Chgd. by L.1989, chap. 785(4.11); L.1993, chap.

900(5.03), eff. 9/1/93.)

Art. 42.09. Commencement of sentence; status during

appeal; pen packet.

Sec. 1. Except as provided in Sections 2 and 3, a

defendant shall be delivered to a jail or to the

institutional division of the Texas Department of Criminal

Justice when his sentence is pronounced, or his sentence to

death is announced, by the court. The defendant's sentence

begins to run on the day it is pronounced, but with all

credits, if any, allowed by Article 42.03.

Sec. 2. If a defendant appeals his conviction and is

released on bail pending disposition of his appeal, when

his conviction is affirmed, the clerk of the trial court,

on receipt of the mandate from the appellate court, shall

issue a commitment against the defendant. The officer

executing the commitment shall endorse thereon the date he

takes the defendant into custody and the defendant's

sentence begins to run from the date endorsed on the

commitment. The institutional division of the Texas

Department of Criminal Justice shall admit the defendant

named in the commitment on the basis of the commitment.

Sec. 3. If a defendant is convicted of a felony and

sentenced to death, life, or a term of more than ten years

in the institutional division of the Texas Department of

Criminal Justice and he gives notice of appeal, he shall be

transferred to the institutional division on a commitment

pending a mandate from the court of appeals or the Court of

Criminal Appeals.

Sec. 4. If a defendant is convicted of a felony and

his sentence is a term of ten years or less and he gives

notice of appeal, he shall be transferred to the

institutional division of the Texas Department of Criminal

Justice on a commitment pending a mandate from the court of

appeals or the Court of Criminal Appeals upon request in

open court or upon written request to the sentencing court.

Upon a valid transfer to the institutional division under

this section, the defendant may not thereafter be released

on bail pending his appeal.

Sec. 5. If a defendant is transferred to the

institutional division of the Texas Department of Criminal

Justice pending appeal under Section 3 or 4, his sentence

shall be computed as if no appeal had been taken if the

appeal is affirmed.

Sec. 6. All defendants who have been transferred to

the institutional division of the Texas Department of

Criminal Justice pending the appeal of their convictions

under this article shall be under the control and authority

of the institutional division for all purposes as if no

appeal were pending.

Sec. 7. If a defendant is sentenced to a term of

imprisonment in the institutional division of the Texas

Department of Criminal Justice but is not transferred to

the institutional division under Section 3 or 4 of this

article, the court, before the date on which it would lose

jurisdiction under Section 6(a), Article 42.12, of this

code, shall send to the department a document containing a

statement of the date on which the defendant's sentence was

pronounced and credits earned by the defendant under

Article 42.03 of this code as of the date of the statement.

Sec. 8. (a) A county that transfers a defendant to

the Texas Department of Criminal Justice under this article

shall deliver to an officer designated by the department:

(1) a copy of the judgment entered pursuant to Article

42.01 of this code, completed on a standardized felony

judgment form described by Section 4 of that article;

(2) a copy of any order revoking community supervision

and imposing sentence pursuant to Section 23, Article

42.12, of this code, including:

(A) any amounts owed for restitution, fines, and court

costs, completed on a standardized felony judgment form

described by Section 4, Article 42.01, of this code; and

(B) a copy of the client supervision plan prepared for

the defendant by the community supervision and corrections

department supervising the defendant, if such a plan was

prepared;

(3) a written report that states the nature and the

seriousness of each offense and that states the citation to

the provision or provisions of the Penal Code or other law

under which the defendant was convicted;

(4) a copy of the victim impact statement, if one has

been prepared in the case under Article 56.03 of this code;

(5) a statement as to whether there was a change in

venue in the case and, if so, the names of the county

prosecuting the offense and the county in which the case

was tried;

(6) a copy of the record of arrest for each offense;

(7) if requested, information regarding the criminal

history of the defendant, including the defendant's state

identification number if the number has been issued;

(8) a copy of the indictment or information for each

offense;

(9) a checklist sent by the department to the county and

completed by the county in a manner indicating that the

documents required by this subsection and Subsection (c) of

this section accompany the defendant; and

(10) a copy of a presentence or postsentence

investigation report prepared under Section 9, Article

42.12 of this code.

(b) The Texas Department of Criminal Justice shall not

take a defendant into custody under this article until the

designated officer receives the documents required by

Subsections (a) and (c) of this section. The designated

officer shall certify under the seal of the department the

documents received under Subsections (a) and (c) of this

section. A document certified under this subsection is

self-authenticated for the purposes of Rules 901 and 902,

Texas Rules of Criminal Evidence.

(c) A county that transfers a defendant to the Texas

Department of Criminal Justice under this article shall

also deliver to the designated officer any presentence or

postsentence investigation report, revocation report,

psychological or psychiatric evaluation of the defendant,

and available social or psychological background

information relating to the defendant and may deliver to

the designated officer any additional information upon

which the judge or jury bases the punishment decision.

(d) The institutional division of the Texas Department

of Criminal Justice shall make documents received under

Subsections (a) and (c) available to the pardons and

paroles division on the request of the pardons and paroles

division and shall, on release of a defendant on parole or

to mandatory supervision, immediately provide the pardons

and paroles division with copies of documents received

under Subsection (a). The pardons and paroles division

shall provide to the parole officer appointed to supervise

the defendant a comprehensive summary of the information

contained in the documents referenced in this section not

later than the 14th day after the date of the defendant's

release. The summary shall include a current photograph of

the defendant and a complete set of the defendant's

fingerprints. Upon written request from the county sheriff,

the photograph and fingerprints shall be filed with the

sheriff of the county to which the parolee is assigned if

that county is not the county from which the parolee was

sentenced.

(e) A county is not required to deliver separate

documents containing information relating to citations to

provisions of the Penal Code or other law and to changes of

venue, as otherwise required by Subsections (a)(3) and

(a)(5) of this article, if the standardized felony judgment

form described by Section 4, Article 42.01, of this code is

modified to require that information.

(f) Except as provided by Subsection (g) of this

section, the county sheriff is responsible for ensuring

that documents and information required by this section

accompany defendants sentenced by district courts in the

county to the Texas Department of Criminal Justice.

(g) If the presiding judge of the administrative

judicial region in which the county is located determines

that the county sheriff is unable to perform the duties

required by Subsection (f) of this section, the presiding

judge may impose those duties on:

(1) the district clerk; or

(2) the prosecutor of each district court in the county.

(h) If a parole panel releases on parole a person who is

confined in a jail in this state, a federal correctional

institution, or a correctional institution in another

state, the Texas Department of Criminal Justice shall

request the sheriff who would otherwise be required to

transfer the person to the department to forward to the

department the information described by Subsections (a) and

(c) of this section. The sheriff shall comply with the

request of the department. The department shall determine

whether the information forwarded by the sheriff under this

subsection contains a thumbprint taken from the person in

the manner provided by Article 38.33 of this code and, if

not, the department shall obtain a thumbprint taken in the

manner provided by that article and shall forward the

thumbprint to the department for inclusion with the

information sent by the sheriff.

(i) A county may deliver the documents required under

Subsections (a) and (c) of this section to the Texas

Department of Criminal Justice by electronic means. For

purposes of this subsection, "electronic means" means the

transmission of data between word processors, data

processors, or similar automated information equipment over

dedicated cables, commercial lines, or other similar

methods of transmission.

(Chgd. by L.1989, chaps. 33(2), 785(4.12); L.1991, 2nd

C.S., chap. 10(11.05); L.1993, chap. 900(5.03); L.1995,

chaps. 321(3.001), 723(1), eff. 9/1/95.)

Art. 42.10. Satisfaction of judgment as in misdemeanor

convictions.!! [Judgment satisfaction same as in

misdemeanor convictions.]

When a person is convicted of a felony, and the

punishment assessed is only a fine or a term in jail, or

both, the judgment may be satisfied in the same manner as a

conviction for a misdemeanor is by law satisfied.

Art. 42.11. Uniform Act for out-of-state probationer and

parolee supervision.

Sec. 1. This Act may be cited as the Uniform Act for

out-of-State probationer and parolee supervision.

Sec. 2. The Governor of this State is hereby

authorized and directed to execute a compact on behalf of

the State of Texas with any of the United States legally

joining therein in the form substantially as follows:

A COMPACT

Entering into by and among the contracting state,

signatories hereto, with the consent of the Congress of the

United States of America, granted by an Act entitled "An

Act granting the consent of Congress to any two or more

States to enter into agreements or compacts for cooperative

effort and mutual assistance in the prevention of crime and

for other purposes".

The contracting states solemnly agree:

(1) That it shall be competent for the duly constituted

judicial and administrative authorities of a State party to

this compact (herein called "sending State"), to permit any

person convicted of an offense within such State and placed

on probation or released on parole to reside in any other

State party to this compact (herein called "receiving

State"), while on probation or parole, if

(a) Such person is in fact a resident of or has his

family residing within the receiving State and can obtain

employment there; and

(b) Though not a resident of the receiving State and not

having his family residing there, the receiving State

consents to such person being sent there.

Before granting such permission, opportunity shall be

granted to the receiving State to investigate the home and

prospective employment of such person.

A resident of the receiving State, within the meaning of

this section is one who has been an actual inhabitant of

such State continuously for more than one year prior his

coming to the sending State and has not resided within the

sending State more than six continuous months immediately

preceding the commission of the offense for which he has

been convicted.

(2) That each receiving State will assume the duties of

visitation of and supervision over probationers or parolees

of any sending State and in the exercise of those duties

will be governed by the same standards that prevail for its

own probationers and parolees.

(3) That duly accredited officers of a sending State may

at all times enter a receiving State and there apprehend

and retake any person on probation or parole. For that

purpose no formalities will be required other than

establishing the authority of the officer and the identity

of the person to be retaken. All legal requirements to

obtain extradition of fugitives from justice are hereby

expressly waived on the part of States party hereto, as to

such persons. The decision of the sending State to retake a

person on probation or parole shall be conclusive upon and

not reviewable within the receiving State; provided,

however, that if at the time when a State seeks to retake a

probationer or parolee there should be pending against him

within the receiving State any criminal charge, or he

should be suspected of having committed within such State a

criminal offense, he shall not be retaken without the

consent of the receiving State until discharged from

prosecution or from any imprisonment for such offense.

(4) That the duly accredited officers of the sending

State will be permitted to transport prisoners being

retaken through any and all States party to this compact,

without interference.

(5) That the Governor of each State may designate an

officer who, acting jointly with like officers of other

contracting States, if and when appointed, shall promulgate

such rules and regulations as may be deemed necessary to

more effectively carry out the terms of this compact.

(6) That this compact shall become operative immediately

upon its execution by any State as between it and other

State or States so executing. When executed it shall have

the full force and effect of law within such State, the

form of execution to be in accordance with the law of the

executing State.

(7) That this compact shall continue in force and remain

binding upon each executing State until renounced by it.

The duties and obligations hereunder of a renouncing State

shall continue as to parolees or probationers residing

therein at the time of withdrawal until retaken or finally

discharged by the sending State. Renunciation of this

compact shall be by the same authority which executed it,

by sending six months notice in writing of its intention to

withdraw from the compact to the other States party hereto.

Sec. 3. The title of the officer designated by the

Governor under Subdivision (5) of the compact is the

Interstate Compact Administrator for Probation and Parole.

The Interstate Compact Administrator is authorized to

appoint two Deputy Interstate Compact Administrators, with

one deputy primarily responsible for issues dealing with

probationers and the other primarily responsible for issues

dealing with parolees. The executive director of the Texas

Department of Criminal Justice or the executive director's

designee is authorized and directed to do all things

necessary or incidental to the carrying out of the compact

in every particular. (Chgd. by L.1997, chap. 514(1), eff.

5/31/97.)

Sec. 3a. (Repealed.)

(Chgd. by L.1991, 1st C.S., chap. 17(7.01(27)); L.1995,

chap. 321(3.002), eff. 9/1/95.)

Art. 42.111. Deferral of proceedings in cases appealed to

county court.

If a defendant convicted of a misdemeanor punishable by

fine only appeals the conviction to a county court, on the

trial in county court the defendant may enter a plea of

guilty or nolo contendere to the offense. If the defendant

enters a plea of guilty or nolo contendere, the court may

defer further proceedings without entering an adjudication

of guilt in the same manner as provided for the deferral of

proceedings in justice court or municipal court under

Article 45.54 of this code. This article does not apply to

a misdemeanor case disposed of by Section 143A, Uniform Act

Regulating Traffic on Highways (Article 6701d, Texas Civil

Statutes), or a serious traffic violation as defined in

Section 3(26), Texas Commercial Driver's License Act

(Article 6687b-2, Revised Statutes). (Added by L.1989,

chap. 399(2); chgd. by L.1991, chap. 775(18), eff.

9/1/91.)

Art. 42.12. Community supervision.

Sec. 1. Purpose. It is the purpose of this article

to place wholly within the state courts the responsibility

for determining when the imposition of sentence in certain

cases shall be suspended, the conditions of community

supervision, and the supervision of defendants placed on

community supervision, in consonance with the powers

assigned to the judicial branch of this government by the

Constitution of Texas. It is the purpose of this article to

remove from existing statutes the limitations, other than

questions of constitutionality, that have acted as barriers

to effective systems of community supervision in the public

interest.

Sec. 2. Definitions. In this article:

(1) "Court" means a court of record having original

criminal jurisdiction.

(2) "Community supervision" means the placement of a

defendant by a court under a continuum of programs and

sanctions, with conditions imposed by the court for a

specified period during which:

(A) criminal proceedings are deferred without an

adjudication of guilt; or

(B) a sentence of imprisonment or confinement,

imprisonment and fine, or confinement and fine, is probated

and the imposition of sentence is suspended in whole or in

part.

(3) "Supervision officer" means a person appointed or

employed under Section 76.004, Government Code, to

supervise defendants placed on community supervision.

(4) "Electronic monitoring" includes voice tracking

systems, position tracking systems, position location

systems, biometric tracking systems, and any other

electronic or telecommunications system that may be used to

assist in the supervision of individuals under this

article.

(Chgd. by L.1997, chap. 1430(1), eff. 9/1/97.)

Sec. 3. Judge ordered community supervision.

(a) A judge, in the best interest of justice, the

public, and the defendant, after conviction or a plea of

guilty or nolo contendere, may suspend the imposition of

the sentence and place the defendant on community

supervision or impose a fine applicable to the offense and

place the defendant on community supervision.

(b) Except as provided by Subsection (f), in a felony

case the minimum period of community supervision is the

same as the minimum term of imprisonment applicable to the

offense and the maximum period of community supervision is

10 years.

(c) The maximum period of community supervision in a

misdemeanor case is two years.

(d) A judge may increase the maximum period of community

supervision in the manner provided by Section 22(c) or 22A

of this article.

(e) A defendant is not eligible for community

supervision under this section if the defendant:

(1) is sentenced to a term of imprisonment that exceeds

10 years; or

(2) is sentenced to serve a term of confinement under

Section 12.35, Penal Code.

(f) The minimum period of community supervision for a

felony described by Section 13B(b) is five years and the

maximum period of supervision is 10 years.

(g) A judge shall not deny community supervision to a

defendant based solely on the defendant's inability to

speak, read, write, hear, or understand English.

(Chgd. by L.1997, chaps. 706(1), 1430(2), eff. 9/1/97.)

Secs. 3a to 3f. (Blank.)

Sec. 3g. Limitation on judge ordered community

supervision. (a) The provisions of Section 3 of this

article do not apply:

(1) to a defendant adjudged guilty of an offense under:

(A) Section 19.02, Penal Code (Murder);

(B) Section 19.03, Penal Code (Capital murder);

(C) Section 21.11(a)(1), Penal Code (Indecency with a

child);

(D) Section 20.04, Penal Code (Aggravated kidnapping);

(E) Section 22.021, Penal Code (Aggravated sexual

assault);

(F) Section 29.03, Penal Code (Aggravated robbery);

(G) Chapter 481, Health and Safety Code, for which

punishment is increased under Section 481.134(c), (d), (e),

or (f), Health and Safety Code, if it is shown that the

defendant has been previously convicted of an offense for

which punishment was increased under any of those

subsections; or

(H) Section 22.011(a)(2), Penal Code (Sexual assault);

or

(2) to a defendant when it is shown that a deadly weapon

as defined in Section 1.07, Penal Code, was used or

exhibited during the commission of a felony offense or

during immediate flight therefrom, and that the defendant

used or exhibited the deadly weapon or was a party to the

offense and knew that a deadly weapon would be used or

exhibited. On an affirmative finding under this

subdivision, the trial court shall enter the finding in the

judgment of the court. On an affirmative finding that the

deadly weapon was a firearm, the court shall enter that

finding in its judgment.

(b) If there is an affirmative finding under Subsection

(a)(2) in the trial of a felony of the second degree or

higher that the deadly weapon used or exhibited was a

firearm and the defendant is granted community supervision,

the court may order the defendant confined in the

institutional division of the Texas Department of Criminal

Justice for not less than 60 and not more than 120 days. At

any time after the defendant has served 60 days in the

custody of the institutional division, the sentencing

judge, on his own motion or on motion of the defendant, may

order the defendant released to community supervision. The

institutional division shall release the defendant to

community supervision after he has served 120 days.

(Chgd. by L.1997, chap. 165(12.03), eff. 9/1/97.)

Sec. 4. Jury recommended community supervision. (a)

A jury that imposes confinement as punishment for an

offense may recommend to the judge that the judge suspend

the imposition of the sentence and place the defendant on

community supervision. A judge shall suspend the imposition

of the sentence and place the defendant on community

supervision if the jury makes that recommendation in the

verdict.

(b) If the jury recommends to the judge that the judge

place the defendant on community supervision, the judge

shall place the defendant on community supervision for any

period permitted under Section 3(b) or 3(c) of this

article, as appropriate.

(c) A judge may increase the maximum period of community

supervision in the manner provided by Section 22(c) or

Section 22A of this article.

(d) A defendant is not eligible for community

supervision under this section if the defendant:

(1) is sentenced to a term of imprisonment that exceeds

10 years;

(2) is sentenced to serve a term of confinement under

Section 12.35, Penal Code;

(3) does not file a sworn motion under Subsection (e) of

this section or for whom the jury does not enter in the

verdict a finding that the information contained in the

motion is true; or

(4) is adjudged guilty of an offense for which

punishment is increased under Section 481.134(c), (d), (e),

or (f), Health and Safety Code, if it is shown that the

defendant has been previously convicted of an offense for

which punishment was increased under any one of those

subsections.

(e) A defendant is eligible for community supervision

under this section only if before the trial begins the

defendant files a written sworn motion with the judge that

the defendant has not previously been convicted of a felony

in this or any other state, and the jury enters in the

verdict a finding that the information in the defendant's

motion is true.

(Chgd. by L.1997, chap. 1430(3), eff. 9/1/97.)

Sec. 5. Deferred adjudication; community

supervision. (a) Except as provided by Subsection (d) of

this section, when in the judge's opinion the best interest

of society and the defendant will be served, the judge may,

after receiving a plea of guilty or plea of nolo

contendere, hearing the evidence, and finding that it

substantiates the defendant's guilt, defer further

proceedings without entering an adjudication of guilt, and

place the defendant on community supervision. A judge may

place on community supervision under this section a

defendant charged with an offense under Section 21.11,

22.011, or 22.021, Penal Code, regardless of the age of the

victim, or a defendant charged with a felony described by

Section 13B(b) of this article, only if the judge makes a

finding in open court that placing the defendant on

community supervision is in the best interest of the

victim. The failure of the judge to find that deferred

adjudication is in the best interest of the victim is not

grounds for the defendant to set aside the plea, deferred

adjudication, or any subsequent conviction or sentence.

After placing the defendant on community supervision under

this section, the judge shall inform the defendant orally

or in writing of the possible consequences under Subsection

(b) of this section of a violation of community

supervision. If the information is provided orally, the

judge must record and maintain the judge's statement to the

defendant. The failure of a judge to inform a defendant of

possible consequences under Subsection (b) of this section

is not a ground for reversal unless the defendant shows

that he was harmed by the failure of the judge to provide

the information. In a felony case, the period of community

supervision may not exceed 10 years. For a defendant

charged with a felony under Section 21.11, 22.011, or

22.021, Penal Code, regardless of the age of the victim,

and for a defendant charged with a felony described by

Section 13B(b) of this article, the period of community

supervision may not be less than five years. In a

misdemeanor case, the period of community supervision may

not exceed two years. A judge may increase the maximum

period of community supervision in the manner provided by

Section 22(c) or 22A of this article. The judge may impose

a fine applicable to the offense and require any reasonable

conditions of community supervision, including mental

health treatment under Section 11(d) of this article, that

a judge could impose on a defendant placed on community

supervision for a conviction that was probated and

suspended, including confinement. The provisions of Section

15 of this article specifying whether a defendant convicted

of a state jail felony is to be confined in a county jail

or state jail felony facility and establishing the minimum

and maximum terms of confinement as a condition of

community supervision apply in the same manner to a

defendant placed on community supervision after pleading

guilty or nolo contendere to a state jail felony. However,

upon written motion of the defendant requesting final

adjudication filed within 30 days after entering such plea

and the deferment of adjudication, the judge shall proceed

to final adjudication as in all other cases.

(b) On violation of a condition of community supervision

imposed under Subsection (a) of this section, the defendant

may be arrested and detained as provided in Section 21 of

this article. The defendant is entitled to a hearing

limited to the determination by the court of whether it

proceeds with an adjudication of guilt on the original

charge. No appeal may be taken from this determination.

After an adjudication of guilt, all proceedings, including

assessment of punishment, pronouncement of sentence,

granting of community supervision, and defendant's appeal

continue as if the adjudication of guilt had not been

deferred. A court assessing punishment after an

adjudication of guilt of a defendant charged with a state

jail felony may suspend the imposition of the sentence and

place the defendant on community supervision or may order

the sentence to be executed, regardless of whether the

defendant has previously been convicted of a felony.

(c) On expiration of a community supervision period

imposed under Subsection (a) of this section, if the judge

has not proceeded to adjudication of guilt, the judge shall

dismiss the proceedings against the defendant and discharge

him. The judge may dismiss the proceedings and discharge a

defendant, other than a defendant charged with an offense

described by Section 13B(b) of this article, prior to the

expiration of the term of community supervision if in the

judge's opinion the best interest of society and the

defendant will be served. The judge may dismiss the

proceedings and discharge a defendant charged with a felony

described by Section 13B(b) of this article only if in the

judge's opinion the best interest of society and the

defendant will be served and the defendant has successfully

completed at least two-thirds of the period of community

supervision. Except as provided by Section 12.42(g), Penal

Code, a dismissal and discharge under this section may not

be deemed a conviction for the purposes of

disqualifications or disabilities imposed by law for

conviction of an offense. For any defendant who receives a

dismissal and discharge under this section:

(1) upon conviction of a subsequent offense, the fact

that the defendant had previously received community

supervision with a deferred adjudication of guilt shall be

admissible before the court or jury to be considered on the

issue of penalty;

(2) if the defendant is an applicant for a license or is

a licensee under Chapter 42, Human Resources Code, the

Texas Department of Human Services may consider the fact

that the defendant previously has received community

supervision with a deferred adjudication of guilt under

this section in issuing, renewing, denying, or revoking a

license under that chapter; and

(3) if the defendant is a person who has applied for

registration to provide mental health or medical services

for the rehabilitation of sex offenders, the Interagency

Council on Sex Offender Treatment may consider the fact

that the defendant has received community supervision under

this section in issuing, renewing, denying, or revoking a

license or registration issued by that council.

(d) In all other cases the judge may grant deferred

adjudication unless:

(1) the defendant is charged with an offense:

(A) under Section 49.04, 49.05, 49.06, 49.07, or 49.08,

Penal Code; or

(B) for which punishment may be increased under Section

481.134(c), (d), (e), or (f), Health and Safety Code, if it

is shown that the defendant has been previously convicted

of an offense for which punishment was increased under any

one of those subsections; or

(2) the defendant:

(A) is charged with an offense under Section 21.11,

22.011, or 22.021, Penal Code, regardless of the age of the

victim, or a felony described by Section 13B(b) of this

article; and

(B) has previously been placed on community supervision

for any offense under Paragraph (A) of this subdivision.

(Chgd. by L.1997, chaps. 667(1), 1430(4), eff. 9/1/97.)

Sec. 6. Continuing court jurisdiction in felony

cases. (a) For the purposes of this section, the

jurisdiction of a court in which a sentence requiring

imprisonment in the institutional division of the Texas

Department of Criminal Justice is imposed by the judge of

the court shall continue for 180 days from the date the

execution of the sentence actually begins. Before the

expiration of 180 days from the date the execution of the

sentence actually begins, the judge of the court that

imposed such sentence may on his own motion, on the motion

of the attorney representing the state, or on the written

motion of the defendant, suspend further execution of the

sentence and place the defendant on community supervision

under the terms and conditions of this article, if in the

opinion of the judge the defendant would not benefit from

further imprisonment and:

(1) the defendant is otherwise eligible for community

supervision under this article; and

(2) the defendant had never before been incarcerated in

a penitentiary serving a sentence for a felony.

(b) When the defendant or the attorney representing the

state files a written motion requesting suspension by the

judge of further execution of the sentence and placement of

the defendant on community supervision, and when requested

to do so by the judge, the clerk of the court shall request

a copy of the defendant's record while imprisoned from the

institutional division of the Texas Department of Criminal

Justice or, if the defendant is confined in county jail,

from the sheriff. Upon receipt of such request, the

institutional division of the Texas Department of Criminal

Justice or the sheriff shall forward to the judge, as soon

as possible, a full and complete copy of the defendant's

record while imprisoned or confined. When the defendant

files a written motion requesting suspension of further

execution of the sentence and placement on community

supervision, he shall immediately deliver or cause to be

delivered a true and correct copy of the motion to the

office of the attorney representing the state.

(c) The judge may deny the motion without a hearing but

may not grant the motion without holding a hearing and

providing the attorney representing the state and the

defendant the opportunity to present evidence on the

motion.

Sec. 7. Continuing court jurisdiction in misdemeanor

cases. (a) For the purposes of this section, the

jurisdiction of the courts in this state in which a

sentence requiring confinement in a jail is imposed for

conviction of a misdemeanor shall continue for 180 days

from the date the execution of the sentence actually

begins. The judge of the court that imposed such sentence

may on his own motion, on the motion of the attorney

representing the state, or on the written motion of the

defendant suspend further execution of the sentence and

place the defendant on community supervision under the

terms and conditions of this article, if in the opinion of

the judge the defendant would not benefit from further

confinement.

(b) When the defendant files a written motion with the

court requesting suspension of further execution of the

sentence and placement on community supervision or when

requested to do so by the judge, the clerk of the court

shall request a copy of the defendant's record while

confined from the agency operating the jail where the

defendant is confined. Upon receipt of such request, the

agency operating the jail where the defendant is confined

shall forward to the court as soon as possible a full and

complete copy of the defendant's record while confined.

(c) The judge may deny the motion without a hearing but

may not grant a motion without holding a hearing and

allowing the attorney representing the state and the

defendant to present evidence in the case.

Sec. 8. State boot camp program. (a) For the

purposes of this section, the jurisdiction of a court in

which a sentence requiring imprisonment in the

institutional division of the Texas Department of Criminal

Justice is imposed for conviction of a felony shall

continue for 90 days from the date on which the convicted

person is received into custody by the institutional

division. After the expiration of 75 days but prior to the

expiration of 90 days from the date on which the convicted

person is received into custody by the institutional

division, the judge of the court that imposed the sentence

may suspend further execution of the sentence imposed and

place the person on community supervision under the terms

and conditions of this article, if in the opinion of the

judge the person would not benefit from further

imprisonment. The court shall clearly indicate in its order

recommending the placement of the person in the state boot

camp program that the court is not retaining jurisdiction

over the person for the purposes of Section 6 of this

article. A court may recommend a person for placement in

the state boot camp program only if:

(1) the person is otherwise eligible for community

supervision under this article;

(2) the person is 17 years of age or older but younger

than 26 years and is physically and mentally capable of

participating in a program that requires strenuous physical

activity; and

(3) the person is not convicted of an offense punishable

as a state jail felony.

(b) On the 76th day after the day on which the convicted

person is received into custody by the institutional

division, the institutional division shall send the

convicting court the record of the person's progress,

conduct, and conformity to institutional division rules.

(c) The judge's recommendation that a person be placed

in an state boot camp program created under Section

499.052, Government Code, does not give the court the power

to hold the Texas Department of Criminal Justice or any

officer or employee of the department in contempt of court

for failure to adhere to that recommendation.

Sec. 9. Presentence investigations. (a) Except as

provided by Subsection (g) of this section, before the

imposition of sentence by a judge in a felony case, and

except as provided by Subsection (b) of this section,

before the imposition of sentence by a judge in a

misdemeanor case the judge shall direct a supervision

officer to report to the judge in writing on the

circumstances of the offense with which the defendant is

charged, the amount of restitution necessary to adequately

compensate a victim of the offense, the criminal and social

history of the defendant, and any other information

relating to the defendant or the offense requested by the

judge. It is not necessary that the report contain a

sentencing recommendation, but the report must contain a

proposed client supervision plan describing programs and

sanctions that the community supervision and corrections

department would provide the defendant if the judge

suspended the imposition of the sentence or granted

deferred adjudication.

(b) The judge is not required to direct a supervision

officer to prepare a report in a misdemeanor case if:

(1) the defendant requests that a report not be made and

the judge agrees to the request; or

(2) the judge finds that there is sufficient information

in the record to permit the meaningful exercise of

sentencing discretion and the judge explains this finding

on the record.

(c) The judge may not inspect a report and the contents

of the report may not be disclosed to any person unless:

(1) the defendant pleads guilty or nolo contendere or is

convicted of the offense; or

(2) the defendant, in writing, authorizes the judge to

inspect the report.

(d) Before sentencing a defendant, the judge shall

permit the defendant or his counsel to read the presentence

report.

(e) The judge shall allow the defendant or his attorney

to comment on a presentence investigation or a postsentence

report and, with the approval of the judge, introduce

testimony or other information alleging a factual

inaccuracy in the investigation or report.

(f) The judge shall allow the attorney representing the

state access to any information made available to the

defendant under this section.

(g) Unless requested by the defendant, a judge is not

required to direct an officer to prepare a presentence

report in a felony case under this section if:

(1) punishment is to be assessed by a jury;

(2) the defendant is convicted of or enters a plea of

guilty or nolo contendere to capital murder;

(3) the only available punishment is imprisonment; or

(4) the judge is informed that a plea bargain agreement

exists, under which the defendant agrees to a punishment of

imprisonment, and the judge intends to follow the

agreement.

(h) On a determination by the judge that alcohol or drug

abuse may have contributed to the commission of the

offense, the judge shall direct a supervision officer

approved by the community supervision and corrections

department or the judge or a person, program, or other

agency approved by the Texas Commission on Alcohol and Drug

Abuse, to conduct an evaluation to determine the

appropriateness of, and a course of conduct necessary for,

alcohol or drug rehabilitation for a defendant and to

report that evaluation to the judge. The evaluation shall

be made:

(1) after arrest and before conviction, if requested by

the defendant;

(2) after conviction and before sentencing, if the judge

assesses punishment in the case;

(3) after sentencing and before the entry of a final

judgment, if the jury assesses punishment in the case; or

(4) after community supervision is granted, if the

evaluation is required as a condition of community

supervision under Section 13 of this article.

(i) A presentence investigation conducted on any

defendant convicted of a felony offense who appears to the

judge through its* own observation or on suggestion of a

party to have a mental impairment shall include a

psychological evaluation which determines, at a minimum,

the defendant's IQ and adaptive behavior score. The results

of the evaluation shall be included in the report to the

judge as required by Subsection (a) of this section.

*So in original. Probably should be "his".

(j) The judge by order may direct that any information

and records that are not privileged and that are relevant

to a report required by Subsection (a) or Subsection (k) of

this section be released to an officer conducting a

presentence investigation under Subsection (i) of this

section or a postsentence report under Subsection (k) of

this section. The judge may also issue a subpoena to obtain

that information. A report and all information obtained in

connection with a presentence investigation or postsentence

report are confidential and may be released only to those

persons and under those circumstances authorized under

Subsections (d), (e), (f), (h), (k), and (l) of this

section and as directed by the judge for the effective

supervision of the defendant. Medical and psychiatric

records obtained by court order shall be kept separate from

the defendant's community supervision file and may be

released only by order of the judge.

(k) If a presentence report in a felony case is not

required under this section, the judge shall direct the

officer to prepare a postsentence report containing the

same information that would have been required for the

presentence report, other than a proposed client

supervision plan and any information that is reflected in

the judgment. The officer shall send the postsentence

report to the clerk of the court not later than the 30th

day after the date on which sentence is pronounced or

deferred adjudication is granted, and the clerk shall

deliver the postsentence report with the papers in the case

to a designated officer of the Texas Department of Criminal

Justice, as required by Section 8(a), Article 42.09.

(l) If a person is a sex offender, a supervision

officer may release information in a presentence or

postsentence report concerning the social and criminal

history of the person to a person who:

(1) is licensed or certified in this state to provide

mental health or medical services, including a:

(A) physician;

(B) psychiatrist;

(C) psychologist;

(D) licensed professional counselor;

(E) licensed marriage and family therapist; or

(F) certified social worker; and

(2) provides mental health or medical services for the

rehabilitation of the person.

(m) In this section, "sex offender" means a person who

has been convicted or has entered a plea of guilty or nolo

contendere for an offense under any one of the following

provisions of the Penal Code:

(1) Section 20.04(a)(4) (Aggravated Kidnapping), if the

person committed the offense with the intent to violate or

abuse the victim sexually;

(2) Section 21.08 (Indecent Exposure);

(3) Section 21.11 (Indecency with a Child);

(4) Section 22.011 (Sexual Assault);

(5) Section 22.021 (Aggravated Sexual Assault);

(6) Section 25.02 (Prohibited Sexual Conduct);

(7) Section 30.02 (Burglary), if:

(A) the offense is punishable under Subsection (d) of

that section; and

(B) the person committed the offense with the intent to

commit a felony listed in this subsection;

(8) Section 43.25 (Sexual Performance by a Child); or

(9) Section 43.26 (Possession or Promotion of Child

Pornography).

Sec. 10. Authority to impose, modify, or revoke

community supervision. (a) Only the court in which the

defendant was tried may grant community supervision, impose

conditions, revoke the community supervision, or discharge

the defendant, unless the judge has transferred

jurisdiction of the case to another court with the latter's

consent. Except as provided by Subsection (d) of this

section, only the judge may alter conditions of community

supervision. In a felony case, only the judge who

originally sentenced the defendant may suspend execution

thereof and place the defendant under community supervision

pursuant to Section 6 of this article. If the judge who

originally sentenced the defendant is deceased or disabled

or if the office is vacant and the judge who originally

sentenced the defendant is deceased or disabled or if the

office is vacant and a motion is filed in accordance with

Section 6 of this article, the clerk of the court shall

promptly forward a copy of the motion to the presiding

judge of the administrative judicial district for that

court, who may deny the motion without a hearing or appoint

a judge to hold a hearing on the motion.

(b) After a defendant has been placed on community

supervision, jurisdiction of the case may be transferred to

a court of the same rank in this state having geographical

jurisdiction where the defendant is residing or where a

violation of the conditions of community supervision

occurs. Upon transfer, the clerk of the court of original

jurisdiction shall forward a transcript of such portions of

the record as the transferring judge shall direct to the

court accepting jurisdiction, which latter court shall

thereafter proceed as if the trial and conviction had

occurred in that court.

(c) Any judge of a court having geographical

jurisdiction where the defendant is residing or where a

violation of the conditions of community supervision occurs

may issue a warrant for his arrest, but the determination

of action to be taken after arrest shall be only by the

judge of the court having jurisdiction of the case at the

time the action is taken.

(d) A judge that places a defendant on community

supervision may authorize the supervision officer

supervising the defendant or a magistrate appointed by the

district courts in the county that give preference to

criminal cases to modify the conditions of community

supervision for the limited purpose of transferring the

defendant to different programs within the community

supervision continuum of programs and sanctions.

(e) If a supervision officer or magistrate modifies the

conditions of community supervision, the officer or

magistrate shall deliver a copy of the modified conditions

to the defendant, shall file a copy of the modified

conditions with the sentencing court, and shall note the

date of delivery of the copy in the defendant's file. If

the defendant agrees to the modification in writing, the

officer or magistrate shall file a copy of the modified

conditions with the district clerk and the conditions shall

be enforced as modified. If the defendant does not agree to

the modification in writing, the supervision officer or

magistrate shall refer the case to the judge of the court

for modification in the manner provided by Section 22 of

this article.

Sec. 10. (j-3) The judges of the county courts at

law in Hidalgo County shall participate in the management

of the probation department serving the county, and for

that purpose have the same duties and powers imposed by

this section as do the district judges trying criminal

cases in the county.

Secs. 10A, 10B. (Repealed.)

Sec. 11. Basic conditions of community supervision.

(a) The judge of the court having jurisdiction of the case

shall determine the conditions of community supervision and

may, at any time, during the period of community

supervision alter or modify the conditions. The judge may

impose any reasonable condition that is designed to protect

or restore the community, protect or restore the victim, or

punish, rehabilitate, or reform the defendant. Conditions

of community supervision may include, but shall not be

limited to, the conditions that the defendant shall:

(1) Commit no offense against the laws of this State or

of any other State or of the United States;

(2) Avoid injurious or vicious habits;

(3) Avoid persons or places of disreputable or harmful

character;

(4) Report to the supervision officer as directed by the

judge or supervision officer and obey all rules and

regulations of the community supervision and corrections

department;

(5) Permit the supervision officer to visit him at his

home or elsewhere;

(6) Work faithfully at suitable employment as far as

possible;

(7) Remain within a specified place;

(8) Pay his fine, if one be assessed, and all court

costs whether a fine be assessed or not, in one or several

sums;

(9) Support his dependents;

(10) Participate, for a time specified by the judge in

any community-based program, including a community-service

work program under Section 16 of this article;

(11) Reimburse the county in which the prosecution was

instituted for compensation paid to appointed counsel for

defending him in the case, if counsel was appointed, or if

he was represented by a county-paid public defender, in an

amount that would have been paid to an appointed attorney

had the county not had a public defender;

(12) Remain under custodial supervision in a community

corrections facility, obey all rules and regulations of

such facility, and pay a percentage of his income to the

facility for room and board;

(13) Pay a percentage of his income to his dependents

for their support while under custodial supervision in a

community corrections facility;

(14) Submit to testing for alcohol or controlled

substances;

(15) Attend counseling sessions for substance abusers or

participate in substance abuse treatment services in a

program or facility approved or licensed by the Texas

Commission on Alcohol and Drug Abuse;

(16) With the consent of the victim of a misdemeanor

offense or of any offense under Title 7, Penal Code,

participate in victim-defendant mediation;

(17) Submit to electronic monitoring;

(18) Reimburse the general revenue fund for any amounts

paid from that fund to a victim, as defined by Article

56.01 of this code, of the defendant's offense or if no

reimbursement is required, make one payment to the fund in

an amount not to exceed $50 if the offense is a misdemeanor

or not to exceed $100 if the offense is a felony;

(19) Reimburse a law enforcement agency for the

analysis, storage, or disposal of raw materials, controlled

substances, chemical precursors, drug paraphernalia, or

other materials seized in connection with the offense;

(20) Pay all or part of the reasonable and necessary

costs incurred by the victim for psychological counseling

made necessary by the offense or for counseling and

education relating to acquired immune deficiency syndrome

or human immunodeficiency virus made necessary by the

offense;

(21) Make one payment in an amount not to exceed $50 to

a crime stoppers organization as defined by Section

414.001, Government Code, and as certified by the Crime

Stoppers Advisory Council; and

(22) Submit a blood sample or other specimen to the

Department of Public Safety under Subchapter G, Chapter

411, Government Code, for the purpose of creating a DNA

record of the defendant.

(b) A judge may not order a defendant to make any

payments as a term or condition of community supervision,

except for fines, court costs, restitution to the victim,

and other conditions related personally to the

rehabilitation of the defendant or otherwise expressly

authorized by law. The court shall consider the ability of

the defendant to make payments in ordering the defendant to

make payments under this article.

(c) If the judge or jury places a defendant on community

supervision, the judge shall require the defendant to

demonstrate to the court whether the defendant has an

educational skill level that is equal to or greater than

the average skill level of students who have completed the

sixth grade in public schools in this state. If the judge

determines that the defendant has not attained that skill

level, the judge shall require as a condition of community

supervision that the defendant attain that level of

educational skill, unless the judge determines that the

defendant lacks the intellectual capacity or the learning

ability to ever achieve that level of skill.

(d) If the judge places a defendant on community

supervision and the defendant is determined to have a

mental illness or be a person with mental retardation by an

examining expert under Article 16.22 or Section 3, Article

46.02, of this code or in a psychological evaluation

conducted under Section 9(i) of this article, the judge may

require the defendant as a condition of community

supervision to submit to outpatient or inpatient mental

health or mental retardation treatment if the:

(1) defendant's:

(A) mental impairment is chronic in nature; or

(B) ability to function independently will continue to

deteriorate if the defendant does not receive mental health

or mental retardation services; and

(2) judge determines, in consultation with a local

mental health or mental retardation services provider, that

appropriate mental health or mental retardation services

for the defendant are available through the Texas

Department of Mental Health and Mental Retardation under

Section 534.053, Health and Safety Code, or through another

mental health or mental retardation services provider.

(e) A judge granting community supervision to a

defendant required to register as a sex offender under

Chapter 62 shall require the registration as a condition of

community supervision.

(f) A judge may not require a defendant to undergo an

orchiectomy as a condition of community supervision.

(g), (h) (Repealed.)

(i)-(k) (None enacted.)

(l)(1) If the court grants community supervision to

a person convicted of an offense under Section 42.072,

Penal Code, the court may require as a condition of

community supervision that the person may not:

(A) communicate directly or indirectly with the victim;

or

(B) go to or near the residence, place of employment, or

business of the victim or to or near a school, day-care

facility, or similar facility where a dependent child of

the victim is in attendance.

(2) If the court requires the prohibition contained in

Subdivision (1)(B) of this subsection as a condition of

community supervision, the court shall specifically

describe the prohibited locations and the minimum

distances, if any, that the person must maintain from the

locations.

(Chgd. by L.1997, chaps. 1(6), 144(3), 312(3), 668(3),

700(11), eff. 1/28/97, 5/20/97, 9/1/97, 9/1/97, 9/1/97,

respectively.)

Sec. 12. Confinement as a condition of community

supervision. (a) If a judge having jurisdiction of a

misdemeanor case requires as a condition of community

supervision that the defendant submit to a period of

confinement in a county jail, the period of confinement may

not exceed 30 days. If a judge having jurisdiction of a

felony case requires as a condition of community

supervision that the defendant submit to a period of

confinement in a county jail, the period of confinement may

not exceed 180 days.

(b) A judge that requires as a condition of community

supervision that the defendant serve a term in a community

corrections facility under Section 18 of this article may

not impose a term of confinement under this section that,

when added to the term imposed under Section 18, exceeds 24

months.

(c) A judge may impose confinement as a condition of

community supervision under Subsection (a) of this section

on placing the defendant on supervision or at any time

during the supervision period. The judge may impose periods

of confinement as a condition of community supervision in

increments smaller than the maximum periods provided by

Subsection (a) of this section but may not impose periods

of confinement that if added together exceed the maximum

periods provided by Subsection (a).

Sec. 13. DWI community supervision. (a) A judge

granting community supervision to a defendant convicted of

an offense under Chapter 49, Penal Code, shall require as a

condition of community supervision that the defendant

submit to:

(1) not less than three days of confinement in county

jail if the defendant was punished under Section 49.09(a);

not less than 10 days of confinement in county jail if the

defendant was punished under Section 49.09(b) or (c); or

not less than 30 days of confinement in county jail if the

defendant was convicted under Section 49.07; and

(2) an evaluation by a supervision officer or by a

person, program, or facility approved by the Texas

Commission on Alcohol and Drug Abuse for the purpose of

having the facility prescribe and carry out a course of

conduct necessary for the rehabilitation of the defendant's

drug or alcohol dependence condition.

(b) A judge granting community supervision to a

defendant convicted of an offense under Section 49.08,

Penal Code, shall require as a condition of community

supervision that the defendant submit to a period of

confinement of not less than 120 days.

(c) If the director of a facility to which a defendant

is referred under Subdivision (2) of Subsection (a) of this

section determines that the defendant is not making a good

faith effort to participate in a program of rehabilitation,

the director shall notify the judge that referred the

defendant of that fact.

(d) If a judge requires as a condition of community

supervision that the defendant participate in a prescribed

course of conduct necessary for the rehabilitation of the

defendant's drug or alcohol dependence condition, the judge

shall require that the defendant pay for all or part of the

cost of such rehabilitation based on the defendant's

ability to pay. The judge may, in its discretion, credit

such cost paid by the defendant against the fine assessed.

In making a determination of a defendant's ability to pay

the cost of rehabilitation under this subsection, the judge

shall consider whether the defendant has insurance coverage

that will pay for rehabilitation.

(e) The confinement imposed shall be treated as a

condition of community supervision, and in the event of a

sentence of confinement upon the revocation of community

supervision, the term of confinement served may not be

credited toward service of such subsequent confinement.

(f) If a judge grants community supervision to a

defendant convicted of an offense under Sections 49.04-

49.08, Penal Code, and if before receiving community

supervision the defendant has not submitted to an

evaluation under Section 9 of this article, the judge shall

require the defendant to submit to the evaluation as a

condition of community supervision. If the evaluation

indicates to the judge that the defendant is in need of

treatment for drug or alcohol dependency, the judge shall

require the defendant to submit to that treatment as a

condition of community supervision in a program or facility

approved or licensed by the Texas Commission on Alcohol and

Drug Abuse or in a program or facility that complies with

standards established by the community justice assistance

division of the Texas Department of Criminal Justice, after

consultation by the division with the commission.

(g) A jury that recommends community supervision for a

person convicted of an offense under Sections 49.04-49.08,

Penal Code, may recommend that any driver's license issued

to the defendant under Chapter 173, Acts of the 47th

Legislature, Regular Session, 1941 (Article 6687b, Texas

Civil Statutes), not be suspended.

(h) If a person convicted of an offense under Sections

49.04-49.08, Penal Code is placed on community supervision,

the judge shall require, as a condition of the community

supervision, that the defendant attend and successfully

complete before the 181st day after the day community

supervision is granted an educational program jointly

approved by the Texas Commission on Alcohol and Drug Abuse,

the Department of Public Safety, the Traffic Safety Section

of the Texas Department of Transportation, and the

community justice assistance division of the Texas

Department of Criminal Justice designed to rehabilitate

persons who have driven while intoxicated. The Texas

Commission on Alcohol and Drug Abuse shall publish the

jointly approved rules and shall monitor, coordinate, and

provide training to persons providing the educational

programs. The Texas Commission on Alcohol and Drug Abuse is

responsible for the administration of the certification of

approved educational programs and may charge a

nonrefundable application fee for the initial certification

of approval and for renewal of a certificate. The judge may

waive the educational program requirement or may grant an

extension of time to successfully complete the program that

expires not later than one year after the beginning date of

the person's probation, however, if the defendant by a

motion in writing shows good cause. In determining good

cause, the judge may consider but is not limited to: the

defendant's school and work schedule, the defendant's

health, the distance that the defendant must travel to

attend an educational program, and the fact that the

defendant resides out of state, has no valid driver's

license, or does not have access to transportation. The

judge shall set out the finding of good cause for waiver in

the judgment. If a defendant is required, as a condition of

community supervision, to attend an educational program or

if the court waives the educational program requirement,

the court clerk shall immediately report that fact to the

Department of Public Safety, on a form prescribed by the

department, for inclusion in the person's driving record.

If the court grants an extension of time in which the

person may complete the program, the court clerk shall

immediately report that fact to the Department of Public

Safety on a form prescribed by the department. The report

must include the beginning date of the person's community

supervision. Upon the successful completion of the

educational program, the person shall give notice to the

community supervision and corrections department. The

department shall then forward the notice to the court

clerk. The court clerk shall then report the date of

successful completion of the educational program to the

Department of Public Safety for inclusion in the

defendant's driving record. If the department does not

receive notice that a defendant required to complete an

educational program has successfully completed the program

within the period required by this section, as shown on

department records, the department shall revoke the

defendant's driver's license, permit, or privilege or

prohibit the person from obtaining a license or permit, as

provided by Section 24(g)(2), Chapter 173, Acts of the 47th

Legislature, Regular Session, 1941 (Article 6687b, Texas

Civil Statutes). The department may not reinstate a license

suspended under this subsection unless the person whose

license was suspended makes application to the department

for reinstatement of the person's license and pays to the

department a reinstatement fee of $50. The department shall

remit all fees collected under this subsection to the

comptroller for deposit in the general revenue fund. This

subsection does not apply to a defendant if a jury

recommends community supervision for the defendant and also

recommends that the defendant's driver's license not be

suspended.

(i) If a person convicted of an offense under Sections

49.04-49.08, Penal Code, is placed on community

supervision, the court may require as a condition of

community supervision that the defendant have a device

installed, on the motor vehicle owned by the defendant or

on the vehicle most regularly driven by the defendant, that

uses a deep-lung breath analysis mechanism to make

impractical the operation of the motor vehicle if ethyl

alcohol is detected in the breath of the operator and that

the defendant not operate any motor vehicle that is not

equipped with that device. If the person is convicted of an

offense under Sections 49.04-49.06, Penal Code, and

punished under Section 49.09(a) or (b), Penal Code, or of a

second or subsequent offense under Section 49.07 or 49.08,

Penal Code, and the person after conviction of either

offense is placed on community supervision, the court shall

require as a condition of community supervision that the

defendant have the device installed on the appropriate

vehicle and that the defendant not operate any motor

vehicle unless the vehicle is equipped with that device.

Before placing on community supervision a person convicted

of an offense under Sections 49.04-49.08, Penal Code, the

court shall determine from criminal history record

information maintained by the Department of Public Safety

whether the person has one or more previous convictions

under Sections 49.04-49.08, Penal Code, or has one previous

conviction under Sections 49.04-49.07, Penal Code, or one

previous conviction under Section 49.08, Penal Code. If the

court determines that the person has one or more such

previous convictions, the court shall require as a

condition of community supervision that the defendant have

that device installed on the motor vehicle owned by the

defendant or on the vehicle most regularly driven by the

defendant and that the defendant not operate any motor

vehicle unless the vehicle is equipped with the device

described in this subsection. The court shall require the

defendant to obtain the device at the defendant's own cost

before the 30th day after the date of conviction unless the

court finds that to do so would not be in the best interest

of justice and enters its findings on record. The court

shall require the defendant to provide evidence to the

court within the 30-day period that the device has been

installed on the appropriate vehicle and order the device

to remain installed on that vehicle for a period not less

than 50 percent of the supervision period. If the court

determines the offender is unable to pay for the device,

the court may impose a reasonable payment schedule not to

exceed twice the period of the court's order. The

Department of Public Safety shall approve devices for use

under this subsection. The provisions of Section 23A(f),

Chapter 173, Acts of the 47th Legislature, Regular Session,

1941 (Article 6687b, Texas Civil Statutes), apply to the

approval of a device under this subsection and the

consequences of that approval. Notwithstanding the

provisions of this section, if a person is required to

operate a motor vehicle in the course and scope of the

person's employment and if the vehicle is owned by the

employer, the person may operate that vehicle without

installation of an approved ignition interlock device if

the employer has been notified of that driving privilege

restriction and if proof of that notification is with the

vehicle. This employment exemption does not apply, however,

if the business entity that owns the vehicle is owned or

controlled by the person whose driving privilege has been

restricted.

(j) The judge shall require a defendant who is punished

under Section 49.09, Penal Code, as a condition of

community supervision, to attend and successfully complete

an educational program for repeat offenders approved by the

Texas Commission on Alcohol and Drug Abuse. The Texas

Commission on Alcohol and Drug Abuse shall adopt rules and

shall monitor, coordinate, and provide training to persons

providing the educational programs. The Texas Commission on

Alcohol and Drug Abuse is responsible for the

administration of the certification of approved educational

programs and may charge a nonrefundable application fee for

initial certification of approval or for renewal of the

certification. The judge may waive the educational program

requirement only if the defendant by a motion in writing

shows good cause. In determining good cause, the judge may

consider the defendant's school and work schedule, the

defendant's health, the distance that the defendant must

travel to attend an educational program, and whether the

defendant resides out of state or does not have access to

transportation. The judge shall set out the finding of good

cause in the judgment. If a defendant is required, as a

condition of community supervision, to attend an

educational program, the court clerk shall immediately

report that fact to the Department of Public Safety, on a

form prescribed by the department, for inclusion in the

defendant's driving record. The report must include the

beginning date of the defendant's community supervision. On

the successful completion of the educational program for

repeat offenders, the defendant shall give notice to the

community supervision and corrections department. The

community supervision and corrections department shall then

forward the notice to the court clerk. The court clerk

shall then report the date of successful completion of the

educational program to the Department of Public Safety for

inclusion in the defendant's driving record. If the

Department of Public Safety does not receive notice that a

defendant required to complete an educational program has

successfully completed the program for repeat offenders

within the period required by the judge, as shown on

department records, the department shall revoke the

defendant's driver's license, permit, or privilege or

prohibit the defendant from obtaining a license or permit,

as provided by Section 24(g)(2), Chapter 173, Acts of the

47th Legislature, Regular Session, 1941 (Article 6687b,

Texas Civil Statutes).

(k) Notwithstanding Section 24(g), Chapter 173, Acts of

the 47th Legislature, Regular Session, 1941 (Article 6687b,

Texas Civil Statutes), if the judge, under Subsection (h)

or (j) of this section, permits or requires a defendant

punished under Section 49.09, Penal Code, to attend an

educational program as a condition of community

supervision, or waives the required attendance for such a

program, and the defendant has previously been required to

attend such a program, or the required attendance at that

program had been waived, the judge nonetheless shall order

the suspension of the driver's license, permit, or

operating privilege of that person for a period determined

by the judge according to the following schedule:

(1) not less than 90 days or more than 365 days, if the

defendant is convicted under Sections 49.04-49.08, Penal

Code; or

(2) not less than 180 days or more than two years, if

the defendant is punished under Section 49.09, Penal Code.

(l) If the Department of Public Safety receives

notice that a defendant has been required or permitted to

attend a subsequent educational program under Subsection

(h), (j), or (k) of this section, although the previously

required attendance had been waived, but the judge has not

ordered a period of suspension, the department shall

suspend the defendant's driver's license, permit, or

operating privilege, or shall issue an order prohibiting

the defendant from obtaining a license or permit for a

period of 365 days.

(m) If a judge revokes the community supervision of a

defendant for an offense under Section 49.04, Penal Code,

or an offense involving the operation of a motor vehicle

under Section 49.07, Penal Code, and the driver's license

or privilege to operate a motor vehicle has not previously

been ordered by the judge to be suspended, or if the

suspension was previously probated, the judge shall suspend

the license or privilege for a period provided under

Section 24, Chapter 173, Acts of the 47th Legislature,

Regular Session, 1941 (Article 6687b, Texas Civil

Statutes). The suspension shall be reported to the

Department of Public Safety as provided under Section 25,

Chapter 173, Acts of the 47th Legislature, Regular Session,

1941 (Article 6687b, Texas Civil Statutes).

(n) Notwithstanding any other provision of this section

or other law, the judge who places on community supervision

a defendant who is younger than 21 years of age and

convicted for an offense under Sections 49.04-49.08, Penal

Code, shall:

(1) order that the defendant's driver's license be

suspended for 90 days beginning on the date that the person

is placed on community supervision; and

(2) require as a condition of community supervision that

the defendant not operate a motor vehicle unless the

vehicle is equipped with the device described by Subsection

(i) of this section.

(Chgd. by L.1997, chaps. 165(31.01(10)), 577(18), eff.

9/1/97.)

Sec. 13A. Community supervision for offense committed

because of bias or prejudice. (a) A court granting

community supervision to a defendant convicted of an

offense for which the court has made an affirmative finding

under Article 42.014 of this code shall require as a term

of community supervision that the defendant:

(1) serve a term of not more than one year imprisonment

in the institutional division of the Texas Department of

Criminal Justice if the offense is a felony other than an

offense under Section 19.02, Penal Code; or

(2) serve a term of not more than 90 days confinement in

jail if the offense is a misdemeanor.

(b) The court may not grant community supervision on its

own motion or on the recommendation of the jury to a

defendant convicted of an offense for which the court has

made an affirmative finding under Article 42.014 of this

code if:

(1) the offense is murder under Section 19.02, Penal

Code; or

(2) the defendant has been previously convicted of an

offense for which the court made an affirmative finding

under Article 42.014 of this code.

Sec. 13B. Defendants placed on community supervision

for sexual offenses against children. (a) If a judge

grants community supervision to a defendant described by

Subsection (b) and the judge determines that a child as

defined by Section 22.011(c), Penal Code, was the victim of

the offense, the judge shall establish a child safety zone

applicable to the defendant by requiring as a condition of

community supervision that the defendant:

(1) not:

(A) supervise or participate in any program that

includes as participants or recipients persons who are 17

years of age or younger and that regularly provides

athletic, civic, or cultural activities; or

(B) go in, on, or within a distance specified by the

judge of a premises where children commonly gather,

including a school, day-care facility, playground, public

or private youth center, public swimming pool, or video

arcade facility; and

(2) attend psychological counseling sessions for sex

offenders with an individual or organization which provides

sex offender treatment or counseling as specified by or

approved by the judge or the community supervision and

corrections department officer supervising the defendant.

(b) This section applies to a defendant placed on

community supervision for an offense:

(1) under Section 43.25 or 43.26, Penal Code;

(2) under Section 21.08, 21.11, 22.011, 22.021, or

25.02, Penal Code;

(3) under Section 20.04(a)(4), Penal Code, if the

defendant committed the offense with the intent to violate

or abuse the victim sexually; or

(4) under Section 30.02, Penal Code, punishable under

Subsection (d) of that section, if the defendant committed

the offense with the intent to commit a felony listed in

Subdivision (2) or (3) of this subsection.

(c) A community supervision and corrections department

officer who under Subsection (a)(2) specifies a sex

offender treatment provider to provide counseling to a

defendant shall contact the provider before the defendant

is released, establish the date, time, and place of the

first session between the defendant and the provider, and

request the provider to immediately notify the officer if

the defendant fails to attend the first session or any

subsequent scheduled session.

(d) Notwithstanding Subsection (a)(1), a judge is not

required to impose the conditions described by Subsection

(a)(1) if the defendant is a student at a primary or

secondary school.

(e) At any time after the imposition of a condition

under Subsection (a)(1), the defendant may request the

court to modify the child safety zone applicable to the

defendant because the zone as created by the court:

(1) interferes with the ability of the defendant to

attend school or hold a job and consequently constitutes an

undue hardship for the defendant; or

(2) is broader than is necessary to protect the public,

given the nature and circumstances of the offense.

(f) A community supervision and corrections department

officer supervising a defendant described by Subsection (b)

may permit the defendant to enter on an event-by-event

basis into the child safety zone from which the defendant

is otherwise prohibited from entering if:

(1) the defendant has served at least two years of the

period of community supervision;

(2) the defendant enters the zone as part of a program

to reunite with the defendant's family;

(3) the defendant presents to the officer a written

proposal specifying where the defendant intends to go

within the zone, why and with whom the defendant is going,

and how the defendant intends to cope with any stressful

situations that occur;

(4) the sex offender treatment provider treating the

defendant agrees with the officer that the defendant should

be allowed to attend the event; and

(5) the officer and the treatment provider agree on a

chaperon to accompany the defendant and the chaperon agrees

to perform that duty.

(g) Section 10(a) does not prohibit a community

supervision and corrections department officer from

altering a condition of community supervision by permitting

a defendant to enter a child safety zone under Subsection

(f).

(h) In this section, "playground," "premises," "school,"

"video arcade facility," and "youth center" have the

meanings assigned by Section 481.134, Health and Safety

Code.

Sec. 13C. Community supervision for making a firearm

accessible to a child. (a) A court granting community

supervision to a defendant convicted of an offense under

Section 46.13, Penal Code, may require as a condition of

community supervision that the defendant:

(1) provide an appropriate public service activity

designated by the court; or

(2) attend a firearms safety course which meets or

exceeds the requirements set by the National Rifle

Association as of January 1, 1995, for a firearms safety

course that requires not more than 17 hours of instruction.

(b) The court shall require the defendant to pay the

cost of attending the firearms safety course under

Subsection (a)(2).

(Renumbered from Sec. 13B by L.1997, chap.

165(31.01(11)), eff. 9/1/97.)

Sec. 14. Child abusers, sex offenders, and family

violence offenders; special conditions. (a) If the court

grants probation to a person convicted of an offense

described by Article 17.41(a) of this code, the court may

require as a condition of probation that the defendant not

directly communicate with the victim of the offense or go

near a residence, school, or other location, as

specifically described in the copy of terms and conditions,

frequented by the victim. In imposing the condition, the

court may grant the defendant supervised access to the

victim. To the extent that a condition imposed under this

subsection conflicts with an existing court order granting

possession of or access to a child, the condition imposed

under this subsection prevails for a period specified by

the court granting probation, not to exceed 90 days.

(b) If the court grants probation to a person convicted

of an offense under Section 21.11, 22.011, 22.021, or

22.04, Penal Code, the court may require the probationer to

attend psychological counseling sessions at the direction

of the probation officer and may require the probationer to

pay all or a part of the reasonable and necessary costs

incurred by the victim for psychological counseling made

necessary by the offense, upon a finding that the

probationer is financially able to make payment. Any

payments ordered under this subsection may not extend past

one year from the date of the order.

(c) If the court grants probation to a person convicted

of an offense involving family violence, as defined by

Section 71.01, Family Code, the court may require the

probationer to attend, at the direction of the probation

officer, counseling sessions for the elimination of violent

behavior with a licensed counselor, social worker, or other

professional who has been trained in family violence

intervention or to attend a battering intervention and

prevention program. If the court requires the probationer

to attend counseling or a program, the court shall require

the probationer to begin attendance not later than the 60th

day after the date the court grants probation, notify the

probation officer of the name, address, and phone number of

the counselor or program, and report the probationer's

attendance to the probation officer. The court shall

require the probationer to pay all the reasonable costs of

the counseling sessions or attendance in the program on a

finding that the probationer is financially able to make

payment. If the court finds the probationer is unable to

make payment, the court shall make the counseling sessions

or enrollment in the program available without cost to the

probationer. The court may also require the probationer to

pay all or a part of the reasonable costs incurred by the

victim for counseling made necessary by the offense, on a

finding that the probationer is financially able to make

payment. The court may order the probationer to make

payments under this subsection for a period not to exceed

one year after the date on which the order is entered.

(See other Section 14 below.)

Sec. 14. Substance abuse felony program. (a) If a

court places a defendant on community supervision under any

provision of this article as an alternative to

imprisonment, the judge may require as a condition of

community supervision that the defendant serve a term of

confinement and treatment in a substance abuse treatment

facility operated by the Texas Department of Criminal

Justice under Section 493.009, Government Code. A term of

confinement and treatment imposed under this section must

be an indeterminate term of not more than one year or less

than 90 days.

(b) A judge may impose the condition of community

supervision created under this section if:

(1) the judge places the defendant on community

supervision under this article;

(2) the defendant is charged with or convicted of a

felony other than:

(A) a felony under Section 21.11, 22.011, or 22.021,

Penal Code; or

(B) criminal attempt of a felony under Section 21.11,

22.011, or 22.021, Penal Code; and

(3) the judge makes an affirmative finding that:

(A) drug or alcohol abuse significantly contributed to

the commission of the crime or violation of community

supervision; and

(B) the defendant is a suitable candidate for treatment,

as determined by the suitability criteria established by

the Texas Board of Criminal Justice under Section

493.009(b), Government Code.

(c) If a judge requires as a condition of community

supervision that the defendant serve a term of confinement

and treatment in a substance abuse treatment facility under

this section, the judge shall also require as a condition

of community supervision that on release from the facility

the defendant participate in a drug or alcohol abuse

continuum of care treatment plan.

(d) The Texas Commission on Alcohol and Drug Abuse shall

develop the continuum of care treatment plan.

(See other Section 14 above.)

Sec. 15. Procedures relating to state jail felony

community supervision. (a) On conviction of a state jail

felony punished under Section 12.35(a), Penal Code, the

judge may suspend the imposition of the sentence and place

the defendant on community supervision or may order the

sentence to be executed. The judge may suspend in whole or

in part the imposition of any fine imposed on conviction.

(b) The minimum period of community supervision a judge

may impose under this section is two years. The maximum

period of community supervision a judge may impose under

this section is five years, except that the judge may

extend the maximum period of community supervision under

this section to not more than 10 years. A judge may extend

a period of community supervision under this section at any

time during the period of community supervision, or if a

motion for revocation of community supervision is filed

before the period of community supervision ends, before the

first anniversary of the expiration of the period of

community supervision.

(c) A judge may impose any condition of community

supervision on a defendant that the judge could impose on a

defendant placed on supervision for an offense other than a

state jail felony, except that the judge may impose on the

defendant a condition that the defendant submit to a period

of confinement in a county jail under Section 5 or 12 of

this article only if the term does not exceed 90 days.

(d) A judge may impose as a condition of community

supervision that a defendant submit at the beginning of the

period of community supervision to a term of confinement in

a state jail felony facility for a term of not less than 90

days or more than 180 days, or a term of not less than 90

days or more than one year if the defendant is convicted of

an offense punishable as a state jail felony under Section

481.112, 481.1121, 481.113, or 481.120, Health and

Safety Code. A judge may not require a defendant to submit

to both the term of confinement authorized by this

subsection and a term of confinement under Section 5 or 12

of this article. For the purposes of this subsection, a

defendant previously has been convicted of a felony

regardless of whether the sentence for the previous

conviction was actually imposed or was probated and

suspended.

(e) If a defendant violates a condition of community

supervision imposed on the defendant under this article and

after a hearing under Section 21 of this article the judge

modifies the defendant's community supervision, the judge

may impose any sanction permitted by Section 22 of this

article, except that if the judge requires a defendant to

serve a period of confinement in a state jail felony

facility as a modification of the defendant's community

supervision, the minimum term of confinement is 90 days and

the maximum term of confinement is 180 days.

(f)(1) If a defendant violates a condition of community

supervision imposed on the defendant under this article and

after a hearing under Section 21 of this article the judge

revokes the defendant's community supervision, the judge

shall dispose of the case in the manner provided by Section

23 of this article.

(2) The court retains jurisdiction over the defendant

for the period during which the defendant is confined in a

state jail. At any time after the 75th day after the date

the defendant is received into the custody of a state jail,

the judge on the judge's own motion, on the motion of the

attorney representing the state, or on the motion of the

defendant may suspend further execution of the sentence and

place the defendant on community supervision under the

conditions of this section.

(3) When the defendant or the attorney representing the

state files a written motion requesting suspension by the

judge of further execution of the sentence and placement of

the defendant on community supervision, the clerk of the

court, if requested to do so by the judge, shall request a

copy of the defendant's record while confined from the

facility director of the state jail felony facility in

which the defendant is confined or, if the defendant is

confined in a county jail, from the sheriff. On receipt of

the request, the facility director or the sheriff shall

forward to the judge, as soon as possible, a full and

complete copy of the defendant's record while confined.

When the defendant files a written motion requesting

suspension of further execution of the sentence and

placement on community supervision, he shall immediately

deliver or cause to be delivered a true and correct copy of

the motion to the office of the attorney representing the

state. The judge may deny the motion without a hearing but

may not grant the motion without holding a hearing and

providing the attorney representing the state and the

defendant the opportunity to present evidence on the

motion.

(g) The facility director of a state jail felony

facility shall report to a judge who orders a defendant

confined in the facility as a condition of community

supervision or as sanction imposed as a modification of

community supervision under Subsection (e) not less than

every 90 days on the defendant's programmatic progress,

conduct, and conformity to the rules of the facility.

(h)(1) A defendant confined in a state jail felony

facility does not earn good conduct time for time served in

the facility.

(2) A judge may credit against any time a defendant is

required to serve in a state jail felony facility time

served by the defendant in county jail from the time of the

defendant's arrest and confinement until sentencing by the

trial court.

(3) A judge shall credit against any time a defendant is

subsequently required to serve in a state jail felony

facility after revocation of community supervision any time

served by the defendant in a state jail felony facility

after sentencing.

(Chgd. by L.1997, chaps. 488(1)-(4), 745(34), eff.

9/1/97, 1/1/98, respectively. Matter in italics eff.

1/1/98.)

Sec. 16. Community service. (a) A judge shall

require as a condition of community supervision, that the

defendant work a specified number of hours at a community

service project or projects for an organization or

organizations approved by the judge and designated by the

department, unless the judge determines and notes on the

order placing the defendant on community supervision that:

(1) the defendant is physically or mentally incapable of

participating in the project;

(2) participating in the project will work a hardship on

the defendant or the defendant's dependents;

(3) the defendant is to be confined in a substance abuse

punishment facility as a condition of community

supervision; or

(4) there is other good cause shown.

(b) The amount of community service work ordered by the

judge:

(1) may not exceed 1,000 hours and may not be less than

320 hours for an offense classified as a first degree

felony;

(2) may not exceed 800 hours and may not be less then

240 hours for an offense classified as a second degree

felony;

(3) may not exceed 600 hours and may not be less than

160 hours for an offense classified as a third degree

felony;

(4) may not exceed 400 hours and may not be less than

120 hours for an offense classified as a state jail felony;

(5) may not exceed 200 hours and may not be less than 80

hours for an offense classified as a Class A misdemeanor or

for any other misdemeanor for which the maximum permissible

confinement, if any, exceeds six months or the maximum

permissible fine, if any, exceeds $4,000; and

(6) may not exceed 100 hours and may not be less than 24

hours for an offense classified as a Class B misdemeanor or

for any other misdemeanor for which the maximum permissible

confinement, if any, does not exceed six months and the

maximum permissible fine, if any, does not exceed $4,000.

(c) A defendant required to perform community service

under this section is not a state employee for the purposes

of Article 8309g or 8309h, Revised Statutes.

(d) If the court makes an affirmative finding under

Article 42.014 of this code, the judge may order the

defendant to perform community service under this section

at a project designated by the judge that primarily serves

the person or group who was the target of the defendant. If

the judge orders community service under this subsection

the judge shall order the defendant to perform not less

than:

(1) 100 hours of service if the offense is a

misdemeanor; or

(2) 300 hours of service if the offense is a felony.

Sec. 17. Change of residence; leaving the state. (a)

If, for good and sufficient reasons, a defendant desires to

change his residence within the state, the change may be

effected by application to the supervising supervision

officer, which change shall be subject to the judge's

consent and subject to such regulations as the judge may

require in the absence of an officer in the locality to

which the defendant is transferred.

(b) Any defendant who removes himself from the state

without permission of the judge having jurisdiction of the

case shall be considered a fugitive from justice and shall

be subject to extradition as provided by law.

Sec. 18. Community corrections facilities. (a) In

this section, "community corrections facility" has the

meaning assigned by Section 509.001, Government Code.

(b) If a judge requires as a condition of community

supervision that the defendant serve a term in a community

corrections facility, the term may not be more than 24

months.

(c) A defendant granted community supervision under this

section may not earn good conduct credit for time spent in

a community corrections facility or apply time spent in the

facility toward completion of a prison sentence if the

community supervision is revoked.

(d) As directed by the judge, the corrections facility

director shall file with the community supervision and

corrections department director a copy of an evaluation

made by the director of the defendant's behavior and

attitude at the facility. The director shall examine the

evaluation, make written comments on the evaluation that he

considers relevant, and file the evaluation and comments

with the judge who granted community supervision to the

defendant. If the evaluation indicates that the defendant

has made significant progress toward compliance with court-

ordered conditions of community supervision, the court may

release the defendant from the community corrections

facility. The defendant shall serve the remainder of his

community supervision under any terms and conditions the

court imposes under this article.

(e) No later than 18 months after the date on which a

defendant is granted community supervision under this

section, the community corrections facility director shall

file with the community supervision and corrections

department director a copy of an evaluation made by the

director of the defendant's behavior and attitude at the

center. The director shall examine the evaluation, make

written comments on the evaluation that he considers

relevant, and file the evaluation and comments with the

judge who granted community supervision to the defendant.

If the report indicates that the defendant has made

significant progress toward court-ordered conditions of

community supervision, the judge shall modify the judge's

sentence and release the defendant in the same manner as

provided by Subsection (d) of this section. If the report

indicates that the defendant would benefit from continued

participation in the community corrections facility

program, the judge may order the defendant to remain at the

community corrections facility for a period determined by

the judge. If the report indicates that the defendant has

not made significant progress toward rehabilitation, the

judge may revoke community supervision and order the

defendant to the term of confinement specified in the

defendant's sentence.

(f) If ordered by the judge who placed the defendant on

community supervision, a community corrections facility

director shall attempt to place a defendant as a worker in

a community-service project of a type described by Section

16 of this article.

(g) A defendant participating in a program under this

article shall be confined in the community corrections

facility at all times except for:

(1) time spent attending and traveling to and from an

education or rehabilitation program as ordered by the

court;

(2) time spent attending and traveling to and from a

community-service project;

(3) time spent away from the facility for purposes

described by this section; and

(4) time spent traveling to and from work, if

applicable.

(h) A judge that requires as a condition of community

supervision that the defendant serve a term in a community

corrections facility may not impose a subsequent term in a

community corrections facility or jail during the same

supervision period that, when added to the terms previously

imposed, exceeds 36 months.

(i) If a defendant participating in a program under this

section is not required by the judge to deliver the

defendant's salary to the restitution center director, the

employer of the defendant shall deliver the salary to the

director. The director shall deposit the salary into a fund

to be given to the defendant on release after deducting:

(1) the cost to the center for the defendant's food,

housing, and supervision;

(2) necessary travel expense to and from work and

community-service projects and other incidental expenses of

the defendant;

(3) support of the defendant's dependents; and

(4) restitution to the victims of an offense committed

by the defendant.

Sec. 19. Fees. (a) Except as otherwise provided by

this subsection, a judge granting community supervision

shall fix a fee of not less than $25 and not more than $40

per month to be paid to the court by the defendant during

the community supervision period. The judge may make

payment of the fee a condition of granting or continuing

the community supervision. The judge may waive or reduce

the fee or suspend a monthly payment of the fee if the

judge determines that payment of the fee would cause the

defendant a significant financial hardship.

(b) The judge shall deposit the fees received under

Subsection (a) of this section in the special fund of the

county treasury, to be used for the same purposes for which

state aid may be used under Chapter 76, Government Code.

(c) A judge receiving a defendant for supervision as

authorized by Article 42.11 of this code may impose on the

defendant any term of community supervision authorized by

this article and may require the defendant to pay the fee

authorized by Subsection (a) of this section. Fees received

under this section shall be deposited in the same manner as

required by Subsection (b) of this section.

(d) For the purpose of determining when fees due on

conviction are to be paid to any officer or officers, the

placing of the defendant on community supervision shall be

considered a final disposition of the case, without the

necessity of waiting for the termination of the period of

community supervision.

(e) If the judge grants community supervision to a

defendant convicted of an offense under Section 21.08,

21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code,

the judge shall require as a condition of community

supervision that the defendant pay to the community

corrections and supervision department officer supervising

the defendant a community supervision fee of $5 each month

during the period of community supervision. The fee is in

addition to court costs or any other fee imposed on the

defendant.

(f) A community corrections and supervision department

shall remit fees collected under Subsection (e) of this

section to the comptroller. The comptroller shall deposit

the fee in the special revenue fund to the credit of the

sexual assault program established under Section 44.0061,

Health and Safety Code.

(g) If the judge places on community supervision a

person required to register as a sex offender under Chapter

62, the judge shall require as a condition of community

supervision that the person pay to the person's supervising

officer a fee that equals the actual cost to the applicable

local law enforcement authority for providing notice for

publication to a newspaper as required by Chapter 62. A

community supervision and corrections department shall

remit fees collected under this subsection to the

applicable local law enforcement authority to reimburse the

authority for the actual cost incurred by the authority, as

evidenced by written receipt, for providing notice for

publication to a newspaper as required by Chapter 62. In a

community supervision revocation hearing at which it is

alleged only that the person violated the terms of

community supervision by failing to make a payment under

this subsection, the inability of the person to pay as

ordered by the judge is an affirmative defense to

revocation, which the person must prove by a preponderance

of the evidence.

(Chgd. by L.1997, chap. 668(4), eff. 9/1/97.)

Sec. 20. Reduction or termination of community

supervision. (a) At any time, after the defendant has

satisfactorily completed one-third of the original

community supervision period or two years of community

supervision, whichever is less, the period of community

supervision may be reduced or terminated by the judge. Upon

the satisfactory fulfillment of the conditions of community

supervision, and the expiration of the period of community

supervision, the judge, by order duly entered, shall amend

or modify the original sentence imposed, if necessary, to

conform to the community supervision period and shall

discharge the defendant. If the judge discharges the

defendant under this section, the judge may set aside the

verdict or permit the defendant to withdraw his plea, and

shall dismiss the accusation, complaint, information or

indictment against the defendant, who shall thereafter be

released from all penalties and disabilities resulting from

the offense or crime of which he has been convicted or to

which he has pleaded guilty, except that:

(1) proof of the conviction or plea of guilty shall be

made known to the judge should the defendant again be

convicted of any criminal offense; and

(2) if the defendant is an applicant for a license or is

a licensee under Chapter 42, Human Resources Code, the

Texas Department of Human Services may consider the fact

that the defendant previously has received community

supervision under this article in issuing, renewing,

denying, or revoking a license under that chapter.

(b) This section does not apply to a defendant convicted

of an offense under Sections 49.04-49.08, Penal Code, or a

defendant convicted of an offense punishable as a state

jail felony.

Sec. 21. Violation of community supervision: detention

and hearing. (a) At any time during the period of

community supervision the judge may issue a warrant for

violation of any of the conditions of the community

supervision and cause a defendant convicted under Section

43.02, Penal Code, or under Chapter 481, Health and Safety

Code, or Sections 485.031 through 485.035, Health and

Safety Code, or placed on deferred adjudication after being

charged with one of those offenses, to be subject to the

control measures of Section 81.083, Health and Safety Code,

and to the court-ordered-management provisions of

Subchapter G, Chapter 81, Health and Safety Code.

(b) At any time during the period of community

supervision the judge may issue a warrant for violation of

any of the conditions of the community supervision and

cause the defendant to be arrested. Any supervision

officer, police officer or other officer with power of

arrest may arrest such defendant with or without a warrant

upon the order of the judge to be noted on the docket of

the court. A defendant so arrested may be detained in the

county jail or other appropriate place of confinement until

he can be taken before the judge. Such officer shall

forthwith report such arrest and detention to such judge.

If the defendant has not been released on bail, on motion

by the defendant the judge shall cause the defendant to be

brought before the judge for a hearing within 20 days of

filing of said motion, and after a hearing without a jury,

may either continue, modify, or revoke the community

supervision. A judge may revoke the community supervision

of a defendant who is imprisoned in a penal institution

without a hearing if the defendant in writing before a

court of record in the jurisdiction where imprisoned waives

his right to a hearing and to counsel, affirms that he has

nothing to say as to why sentence should not be pronounced

against him, and requests the judge to revoke community

supervision and to pronounce sentence. In a felony case,

the state may amend the motion to revoke community

supervision any time up to seven days before the date of

the revocation hearing, after which time the motion may not

be amended except for good cause shown, and in no event may

the state amend the motion after the commencement of taking

evidence at the hearing. The judge may continue the hearing

for good cause shown by either the defendant or the state.

(c) In a community supervision revocation hearing at

which it is alleged only that the defendant violated the

conditions of community supervision by failing to pay

compensation paid to appointed counsel, community

supervision fees, court costs, restitution, or reparations,

the inability of the defendant to pay as ordered by the

judge is an affirmative defense to revocation, which the

defendant must prove by a preponderance of evidence.

(d) A defendant has a right to counsel at a hearing

under this section.

Sec. 22. Continuation or modification. (a) If after

a hearing under Section 21 of this article a judge

continues or modifies community supervision after

determining that the defendant violated a condition of

community supervision, the judge may impose any other

conditions the judge determines are appropriate, including:

(1) a requirement that the defendant perform community

service for a number of hours specified by the court under

Section 16 of this article, or an increase in the number of

hours that the defendant has previously been required to

perform under those sections in an amount not to exceed

double the number of hours permitted by Section 16;

(2) an increase in the period of community supervision,

in the manner described by Subsection (b) of this section;

(3) an increase in the defendant's fine, in the manner

described by Subsection (d) of this section; or

(4) the placement of the defendant in a substance abuse

felony punishment program operated under Section 493.009,

Government Code, if:

(A) the defendant is convicted of a felony other than:

(i) a felony under Section 21.11, 22.011, or 22.021,

Penal Code; or

(ii) criminal attempt of a felony under Section 21.11,

22.011, or 22.021, Penal Code; and

(B) the judge makes an affirmative finding that:

(i) drug or alcohol abuse significantly contributed to

the commission of the crime or violation of community

supervision; and

(ii) the defendant is a suitable candidate for

treatment, as determined by the suitability criteria

established by the Texas Board of Criminal Justice under

Section 493.009(b), Government Code.

(b) If the judge imposes a sanction under Subsection

(a)(4) of this section, the judge shall also impose a

condition requiring the defendant on successful completion

of the program to participate in a drug or alcohol abuse

continuum of care program.

(c) The judge may extend a period of community

supervision under this section as often as the judge

determines is necessary, but the period of community

supervision in a first, second, or third degree felony case

may not exceed 10 years and, except as otherwise provided

by this subsection, the period of community supervision in

a misdemeanor case may not exceed three years. The judge

may extend the period of community supervision in a

misdemeanor case for any period the judge determines is

necessary, not to exceed an additional two years beyond the

three-year limit, if the defendant fails to pay a

previously assessed fine, costs, or restitution and the

judge determines that extending the period of supervision

increases the likelihood that the defendant will fully pay

the fine, costs, or restitution. A court may extend a

period of community supervision under this section at any

time during the period of supervision or, if a motion for

revocation of community supervision is filed before the

period of supervision ends, before the first anniversary of

the date on which the period of supervision expires.

(d) A judge may impose a sanction on a defendant

described by Subsection (a)(3) of this section by

increasing the fine imposed on the defendant. The original

fine imposed on the defendant and an increase in the fine

imposed under this subsection may not exceed the maximum

fine for the offense for which the defendant was sentenced.

The judge shall deposit money received from an increase in

the defendant's fine under this subsection in the special

fund of the county treasury to be used for the same

purposes for which state aid may be used under Chapter 76,

Government Code.

(Chgd. by L.1997, chap. 754(1), eff. 9/1/97.)

Sec. 22A. Extending supervision period for sex

offenders. (a) If a defendant is placed on community

supervision after receiving a grant of deferred

adjudication for or being convicted of an offense under

Section 21.11, 22.011, or 22.021, Penal Code, at any time

during the period of community supervision, the judge may

extend the period of community supervision as provided by

this section.

(b) If at a hearing at which the defendant is provided

the same rights as are provided a defendant at a hearing

under Section 21 the judge determines that the defendant

has not sufficiently demonstrated a commitment to avoid

future criminal behavior and that the release of the

defendant from supervision would endanger the public, the

judge may extend the period of supervision for a period not

to exceed 10 additional years.

(c) A judge may extend a period of community supervision

under this section only once; however, the judge may extend

a period of community supervision for a defendant under

both Section 22(c) and this section, and the prohibition in

Section 22(c) against a period of community supervision in

a felony case exceeding 10 years does not apply to a

defendant for whom community supervision is increased under

this section or under both Section 22(c) and this section.

(Added by L.1997, chap. 1430(5), eff. 9/1/97.)

Sec. 23. Revocation. (a) If community supervision is

revoked after a hearing under Section 21 of this article,

the judge may proceed to dispose of the case as if there

had been no community supervision, or if the judge

determines that the best interests of society and the

defendant would be served by a shorter term of confinement,

reduce the term of confinement originally assessed to any

term of confinement not less than the minimum prescribed

for the offense of which the defendant was convicted. The

judge shall enter the amount of restitution or reparation

owed by the defendant on the date of revocation in the

judgment in the case.

(b) No part of the time that the defendant is on

community supervision shall be considered as any part of

the time that he shall be sentenced to serve. The right of

the defendant to appeal for a review of the conviction and

punishment, as provided by law, shall be accorded the

defendant at the time he is placed on community

supervision. When he is notified that his community

supervision is revoked for violation of the conditions of

community supervision and he is called on to serve a

sentence in a jail or in the institutional division of the

Texas Department of Criminal Justice, he may appeal the

revocation.

Sec. 24. Pilot supervision contracts. The Texas

Board of Criminal Justice may contract with the

Commissioners Court of Travis County or the Travis County

community supervision and correction department for the

confinement of felons under community supervision. The

commissioners court or the community supervision and

corrections department may not enter into a contract under

this section unless the commissioners court or department

first consults with the community justice council serving

the county or the department. If the county commissioners

or the community supervision and corrections department

contracts with the board under this section, the

commissioners court or the department may subcontract with

a private vendor for the provision of any and all services

described in this section. This section expires on

September 1, 1995.

Sec. 25. (Renumbered to Sec. 22.)

Sec. 26. (Renumbered to Sec. 23.)

Secs. 27, 28. (Repealed.)

Sec. 29. (Repealed by L.1995, chap. 76(3.15), eff.

9/1/95.)

(Chgd. by L.1989, 1st C.S., chaps. 6(1), 8(1); chaps.

86(1); 111(1); 191(1); 236(11); 260(1); 679(1)-(3);

785(4.17); 1135(5); 1195(9), (10); L.1990, 6th C.S., chap.

25(8), (9), (12); L.1991, 2nd C.S., chap. 10(15.02),

(16.01), (19.02); chaps. 14(284(8, 9, 52, 60)); 202(2);

285(1); 343(1); 344(1); 541(1); 555(3); 572(2); 784(9);

L.1993, chaps. 10(3); 107(10.01(1)); 165(1); 201(3), (4);

470(2); 662(1), (8); 790(30), (36): 796(1), (2); 805(7);

806(2)-(4); 886(15); 889(1); 900(4.01); 987(2), (3);

L.1995, chaps. 76(3.06)-(3.12), (3.15)-(3.18), (7.02),

(7.13)-(7.15), eff. 9/1/95; 83(2), eff. 9/1/95; 256(1)-(3),

eff. 9/1/95; 257(1), eff. 9/1/95; 258(10), (11), eff.

9/1/95; 260(14)-(16), eff. 5/30/95; 318(52), eff. 9/1/95;

318(53), eff. 1/1/96; 318(54)-(59), eff. 9/1/95, 318(60),

(61), eff. 1/1/96; 321(3.003)-(3.008), eff. 9/1/95;

321(3.020)(a), eff. 9/1/95; 595(2), eff. 9/1/95; 657(4),

eff. 6/14/95.)

Art. 42.121. (Secs. 1.01 to 2.09(b) and 3.12 to 5.07

repealed by L.1989, chap. 785(3.10); secs. 2.09(c) and

3.111 repealed by L.1995, chap. 321(3.020(b, c)), eff.

9/1/95.)

Art. 42.122. Adult Probation Officer of 222nd Judicial

District; salary and expenses; payment by county.

The adult probation officer of the 222nd Judicial

District receives a salary of not less than $15,000 per

annum. Also, the probation officer receives allowances, not

to exceed the amount allowed by the federal government for

traveling the most practical route to and from the place

where the duties are discharged, for his necessary travel

and hotel expenses. Upon the sworn statement of the

officer, approved by the judge, the respective counties of

the judicial district pay the expenses incurred for their

regular or special term of court out of the general county

fund. In lieu of travel allowances the commissioners court

of each county, by agreement, may provide transportation

under the same terms and conditions as provided for

sheriffs.

Art. 42.13. (Repealed by L.1995, chap. 76(7.10), eff.

9/1/95; chgd. by L.1995, chaps. 318(62), 321(3.009)-

(3.013), eff. 9/1/95.)

Sec. 1. (Repealed by L.1997, chap. 165(12.23(b)),

eff. 9/1/97.)

Sec. 2. (Repealed by L.1997, chap. 165(12.24(b)),

eff. 9/1/97.)

Sec. 3. (Repealed by L.1997, chap. 165(12.25(b)),

eff. 9/1/97.)

Sec. 4. (Repealed by L.1997, chap. 165(12.26(b)),

eff. 9/1/97.)

Sec. 7. (Repealed by L.1997, chap. 165(12.27(b)),

eff. 9/1/97.)

Sec. 10. (Repealed by L.1997, chap. 165(12.28(b)),

eff. 9/1/97.)

Sec. 11. (Repealed by L.1997, chap. 165(12.29(b)),

eff. 9/1/97.)

Art. 42.131. (Repealed and the substance transferred to

Chapter 76, Government Code by L.1995, chap.

76(7.11),(7.12), eff. 9/1/95; chgd. by L.1995, chaps.

76(17.01(3)), eff. 9/1/95; 185(1), eff. 5/23/95; 252(1),

eff. 9/1/95; 266(1), eff. 6/5/95; 321(3.014),(3.0151, eff.

9/1/95; 611(5), eff. 8/28/95.)

Sec. 3. (Repealed by L.1997, chap. 165(9.02(b),

9.03(b)), eff. 9/1/97.)

Sec. 12. (Repealed by L.1997, chaps. 165(9.04(b)),

796(1)(c), eff. 9/1/97.)

Sec. 13. (Repealed by L.1997, chap. 165(9.05(b)),

eff. 9/1/97.)

Sec. 14. (Repealed by L.1997, chap. 165(9.06),

eff. 9/1/97.)

Sec. 14. (Repealed by L.1997, chap. 165(9.08(b)),

eff. 9/1/97.)

Sec. 14. (Repealed by L.1997, chaps. 165(9.09(b)),

1269(6(b)), eff. 9/1/97, 6/20/97, respectively.)

Sec. 15. (Repealed by L.1997, chaps. 165(9.07(b)),

983(1)(c), eff. 9/1/97.)

Art. 42.14. In absence of defendant.!! [Defendant not

present.]

The judgment and sentence in a misdemeanor case may be

rendered in the absence of the defendant.

Art. 42.141. Battering intervention and prevention

program.

Sec. 1. Definitions. In this article:

(1) "Batterer" means a person who commits repeated acts

of violence or who repeatedly threatens violence against

another who is:

(A) related to the actor by affinity or consanguinity,

as determined under Chapter 573, Government Code;

(B) is a former spouse of the actor; or

(C) resides or has resided in the same household with

the actor.

(2) "Division" means the community justice assistance

division of the Texas Department of Criminal Justice.

(3) "Family" has the meaning assigned by Section 71.01,

Family Code.

(4) "Family violence" has the meaning assigned by

Section 71.01, Family Code.

(5) "Shelter center" has the meaning assigned by Section

51.002, Human Resources Code.

(6) "Household" has the meaning assigned by Section

71.01, Family Code.

(7) "Program" means a battering intervention and

prevention program operated by a nonprofit organization

that provides, on a local basis to batterers referred by

the courts for treatment, treatment and educational

services designed to help the batterers stop their abusive

behavior.

(8) "Project" means the statewide activities for the

funding of battering intervention and prevention programs,

the related community educational campaign, and education

and research regarding such programs.

(9) "Responsive law enforcement climate" means an area

where, in cases of family violence:

(A) the local law enforcement agency has a policy or

record of arresting batterers; and

(B) the local criminal justice system:

(i) cooperates with the victim in filing protective

orders; and

(ii) takes appropriate action against a person who

violates protective orders.

Sec. 2. Establishment. The battering intervention

and prevention program is established in the division.

Sec. 3. Duties of the division. The division shall:

(1) contract with a nonprofit organization that for the

five-year period before the date on which a contract is to

be signed has been involved in providing to shelter

centers, law enforcement agencies, and the legal community

statewide advocacy and technical assistance relating to

family violence, with the contract requiring the nonprofit

organization to perform the duties described in Section (4)

of this article;

(2) seek the input of the statewide nonprofit

organization described in Subdivision (1) of this section

in the development of standards for selection of programs

and the review of proposals submitted by programs;

(3) issue requests for proposals for the programs and an

educational campaign not later than January 1, 1990;

(4) award contracts for programs that take into

consideration:

(A) a balanced geographical distribution of urban,

rural, and suburban models; and

(B) the presence of a responsive law enforcement climate

in the community;

(5) develop and monitor the project in cooperation with

the nonprofit organization;

(6) monitor the development of a community educational

campaign in cooperation with the nonprofit organization;

(7) assist the nonprofit organization in designing

program evaluations and research activities; and

(8) facilitate training of probation officers and other

criminal justice professionals by the nonprofit

organization and by programs.

Sec. 4. Duties of the nonprofit organization. The

nonprofit organization with which the division contracts

shall:

(1) assist the division in developing and issuing

requests for proposals for the programs and the educational

campaign;

(2) assist the division in reviewing the submitted

proposals and making recommendations for proposals to be

selected for funding;

(3) develop and monitor the project in cooperation with

the division;

(4) provide technical assistance to programs to:

(A) develop appropriate services for batterers;

(B) train staff;

(C) improve coordination with shelter centers, the

criminal justice system, the judiciary, law enforcement

agencies, prosecutors, and other appropriate officials and

support services;

(D) implement the community educational campaign; and

(E) participate in project administered program

evaluation and research activities;

(5) provide technical assistance to the division to:

(A) develop and implement standards for selection of

programs for inclusion in the project; and

(B) develop standards for selection of the community

educational campaign described in Section 6 of this

article;

(6) submit an annual written report to the division and

to the legislature with recommendations for continuation,

elimination, or changes in the project; and

(7) evaluate the programs and the community educational

campaign, including an analysis of the effectiveness of the

project and the level of public awareness relating to

family violence.

Sec. 5. Programs. (a) A program proposal must:

(1) describe the counseling or treatment the program

will offer;

(2) include letters from a local law enforcement agency

or agencies, courts, probation officers, and other

community resources describing the community's commitment

to improve the criminal justice system's response to

victims and batterers and to cooperate with and interact in

the programs' activities;

(3) include a letter from the local shelter center

describing the support services available to victims of

family violence in the community and the shelter's

commitment to cooperate and work with the program; and

(4) describe the public education and local community

outreach activities relating to family violence currently

available in the community and a statement of commitment to

participate on the local level in the public educational

campaign described in Section 6 of this article.

(b) A program must:

(1) be situated in a county in which a shelter center is

located;

(2) offer counseling or treatment in which the primary

approach is direct intervention with the batterer, on an

individual or group basis, but that does not require the

victim of the family violence to participate in the

counseling or treatment;

(3) offer training to law enforcement prosecutors,

judges, probation officers, and others on the dynamics of

family violence, treatment options, and program activities;

and

(4) have a system for receiving referrals from the

courts and for reporting to the court regarding batterers'

compliance with the treatment program.

(c) This section does not preclude a program from

serving a batterer other than one who was ordered by a

court to participate in the program established under this

subchapter.

Sec. 6. Community educational campaign. (a) The

division, with assistance from the nonprofit organization,

shall select the community educational campaign relating to

family violence after the commission has selected the

programs. The campaign is to be implemented in the areas

covered by the programs.

(b) The campaign shall use a variety of media, including

newspapers, radio, television, and billboards, and shall

focus on:

(1) the criminality of acts of violence toward family

members;

(2) the consequences of family violence crimes to the

batterer; and

(3) eradicating public misconceptions of family

violence.

Sec. 7. Use of legislative appropriation. Of a

legislative appropriation for the project established under

this article:

(1) not more than six percent may be used by the

division for management and administration of the project;

(2) not more than 14 percent may be applied to the

contract between the division and the nonprofit

organization; and

(3) not more than three percent may be applied to the

contract for the community educational campaign.

Sec. 8. Contract date. The contract required under

Section 3(a) of this article shall be signed not later than

November 1, 1989.

(Added by L.1989, chap. 785(3.05); chgd. by L.1991, chap.

561(11); L.1995, chap. 76(5.95)(27)), eff. 9/1/95.)

Art. 42.15. Fines.

(a) When the defendant is fined, the judgment shall be

that the defendant pay the amount of the fine and all costs

to the state.

(b) When imposing a fine and costs a court may direct a

defendant:

(1) to pay the entire fine and costs when sentence is

pronounced; or

(2) to pay the entire fine and costs at some later date;

or

(3) to pay a specified portion of the fine and costs at

designated intervals.

Art. 42.151. Fees for abused children's counseling.

If a court orders a defendant to pay a fee under Article

37.072 of this code, the court shall assess the fee against

the defendant in the same manner as other costs of

prosecution are assessed against a defendant. The court may

direct a defendant:

(1) to pay the entire fee when sentence is pronounced;

(2) to pay the entire fee at some later date; or

(3) to pay a specified portion of the fee at designated

intervals.

(Added by L.1989, chap. 360(3), eff. 9/1/89.)

Section 42.152. Repayment of reward.

(a) If a judge orders a defendant to repay a reward or

part of a reward under Article 37.073 of this code, the

court shall assess this cost against the defendant in the

same manner as other costs of prosecution are assessed

against a defendant. The court may order the defendant to:

(1) pay the entire amount required when sentence is

pronounced;

(2) pay the entire amount required at a later date

specified by the court; or

(3) pay specified portions of the required amount at

designated intervals.

(b) After receiving a payment from a person ordered to

make the payment under this article, the clerk of the court

or fee officer shall:

(1) make a record of the payment;

(2) deduct a one-time $7 processing fee from the reward

repayment;

(3) forward the payment to the designated crime stoppers

organization; and

(4) make a record of the forwarding of the payment.

(Added by L.1989, chap. 611(3); redes. by L.1991, chap.

16(19.01(6)); chgd. by L.1997, chap. 700(12), eff.

9/1/97.)

Art. 42.16. On other judgment.

If the punishment is any other than a fine, the judgment

shall specify it, and order it enforced by the proper

process. It shall also adjudge the costs against the

defendant, and order the collection thereof as in other

cases.

Art. 42.17. Transfer under treaty.!! [Transfer per

treaty.]

When a treaty is in effect between the United States and

a foreign country providing for the transfer of convicted

offenders who are citizens or nationals of foreign

countries to the foreign countries of which they are

citizens or nationals, the governor is authorized, subject

to the terms of such treaty, to act on behalf of the State

of Texas and to consent to the transfer of such convicted

offenders under the provisions of Article IV, Section 11 of

the Constitution of the State of Texas.

Art. 42.18. Adult Parole and Mandatory Supervision Law.

(Repealed by L.1997, chap. 165(12.22), eff. 9/1/97.

Former sections transferred to Government Code, Chapter 508

by L.1997, chap. 165(12.01), eff. 9/1/97, except for

Section 29(a) and (h), which was transferred to Human

Resources Code section 61.084 by L.1997, chap. 165(12.20),

eff. 9/1/97. The following sections were amended or added

to Art. 42.18 by the 1997 laws, despite repeal of Art.

42.18.)

Sec. 2. Definitions. In this article:

(10) "Policy board" means the Board of Pardons and

Paroles Policy Board. (Added by L.1997, chap.161(1), eff.

1/1/97.)

Sec. 4. Eligibility for Membership. (a) Board

members must be representative of the general public. A

member must be a resident citizen of this state and must

have resided in this state for the two years preceding

appointment. A person is not eligible for appointment as a

public member if the person or the person's spouse:

(1) is employed by or participates in the management of

a business entity or other organization receiving funds

from the department or the board;

(2) owns or controls directly or indirectly more than a

10 percent interest in a business entity or other

organization regulated by the department or receiving funds

from the department or the board; or

(3) uses or receives a substantial amount of tangible

goods, services, or funds from the department or the board,

other than compensation or reimbursement authorized by law

for board membership, attendance, or expenses.

(a-1) In determining eligibility under Subsection (a)(3)

of this section, the compensation or reimbursement that a

board member's spouse receives as an employee of the board

or of the Texas Department of Criminal Justice may not be

considered. This subsection does not affect any restriction

on employment or board membership imposed by any other law.

(b) An employee or paid officer or consultant of a trade

association in the field of criminal justice may not be a

member of the board or be an employee of the division or

the board who is exempt from the state's position

classification plan or who is compensated at or above the

amount prescribed by the General Appropriations Act for

step 1, salary group 17, of the position classification

salary schedule. A person who is the spouse of an officer,

manager, or paid consultant of a trade association in the

field of criminal justice may not be a member of the board

and may not be an employee of the division or the board who

is exempt from the state's classification plan or is

compensated at or above the amount prescribed by the

General Appropriations Act for step 1, salary group 17, of

the position classification salary schedule. For the

purposes of this section, a trade association is a

nonprofit, cooperative, and voluntarily joined association

of business or professional competitors designed to assist

its members and its industry or profession in dealing with

mutual business or professional problems and in promoting

their common interests.

(c) A person who is required to register as a lobbyist

under Chapter 305, Government Code, by virtue of the

person's activities for compensation in or on behalf of a

profession related to the operation of the board, may not

serve as a member of the board or act as the general

counsel to the board or division.

(d) Appointments to the board shall be made without

regard to the race, color, handicap, sex, religion, age, or

national origin of the appointees.

(e) It is a ground for removal from the board if a

member:

(1) does not have at the time of appointment the

qualifications required by Subsection (a) of this section

for appointment to the board;

(2) does not maintain during the member's service on the

board the qualifications required by Subsection (a) of this

section for appointment to the board;

(3) violates a prohibition established by Subsections

(b) and (c) of this section;

(4) is unable to discharge the member's duties for a

substantial part of the term for which the member is

appointed because of illness or disability; or

(5) is absent from more than half of the regularly

scheduled board or panel meetings that the member is

eligible to attend during each calendar year, except when

the absence is excused by majority vote of the board.

(f) It is a ground for removal from the board and the

policy board if a member of the policy board is absent from

more than half of the regularly scheduled policy board

meetings that the member is eligible to attend during each

calendar year.

(g) The board administrator or the board administrator's

designee shall provide to members of the board, members of

the policy board, and to employees, as often as necessary,

information regarding their qualification for office or

employment under this article and their responsibilities

under applicable laws relating to standards of conduct for

state officers or employees.

(h) The validity of an action of:

(1) the board or panel is not affected by the fact that

it is taken when a ground for removal of a member of the

board exists; and

(2) the policy board is not affected by the fact that it

is taken when a ground for removal of a member of the

policy board exists.

(i) If the general counsel to the board has knowledge

that a potential ground for removal exists, the general

counsel shall notify the presiding officer of the board of

the potential ground. The presiding officer of the board

shall then notify the governor and the attorney general

that a potential ground for removal exists. If the

potential ground for removal involves the presiding

officer, the general counsel to the board shall notify the

governor and the attorney general that a potential ground

for removal exists.

(j) The financial transactions of the division and the

board are subject to audit by the state auditor in

accordance with Chapter 321, Government Code.

(Chgd. by L.1997, chap. 161(2), eff. 9/1/97.)

Sec. 5. Sunset Provisions. The Board of Pardons and

Paroles is subject to review under Chapter 325, Government

Code (Texas Sunset Act), but is not abolished under that

chapter. The board shall be reviewed during the period in

which the Texas Department of Criminal Justice is reviewed.

(Chgd. by L.1997, chap. 161(3), eff. 9/1/97.)

Sec. 6. Compensation and offices of board members;

director (a) The members of the board shall give full

time to the duties of their office and shall be paid such

salaries as the legislature may determine in appropriation

Acts. The governor shall designate one member to serve as

the presiding officer of the board, and the presiding

officer serves in that capacity at the pleasure of the

governor.

(b) The executive director of the department shall hire

the director. The director is responsible for the day-to-

day administration of the division.

(c) The policy board, after consultation with the

governor and the Texas Board of Criminal Justice, shall

adopt a mission statement that reflects those

responsibilities for the operation of the parole process

that are assigned to the policy board, the board, the

division, the department, or the Texas Board of Criminal

Justice. The policy board shall include in the mission

statement a description of specific locations at which the

board intends to conduct business related to the operation

of the parole process.

(Chgd. by L.1997, chap. 161(4), eff. 9/1/97.)

Sec. 6A. Policy board: composition; general duties.

(a) The governor shall designate six members of the board

to serve as the Board of Pardons and Paroles Policy Board.

The governor shall designate the presiding officer of the

board as one of the six members of the policy board, and

the presiding officer of the board shall serve as presiding

officer of the policy board. Service on the policy board is

an additional duty of office for members appointed to the

policy board.

(b) Members of the board designated as members of the

policy board serve on the policy board for six-year terms

that are concurrent with their six-year terms on the board,

with the service of two members expiring February 1 of each

odd-numbered year.

(c) The policy board shall:

(1) adopt rules relating to the decision-making

processes used by the board and parole panels;

(2) establish caseloads for members of the board and

assign duties to members of the policy board that are in

addition to the duties those members have in handling a

caseload;

(3) update parole guidelines, assign precedential value

to previous decisions of the board relating to the granting

of parole and the revocation of parole or mandatory

supervision, and develop policies to ensure that members of

the board use guidelines and previous decisions of the

board in making decisions under this article;

(4) require members of the board to file activity

reports, on forms provided by the policy board, that

provide information on release decisions made by members of

the board, the workload of the members of the board, and

the use of parole guidelines by members of the board; and

(5) report at least annually to the governor and the

legislature on board activities, parole release decisions,

and the use of parole guidelines by the board.

(d) The policy board shall employ and supervise:

(1) a general counsel to the board;

(2) a board administrator to manage the day-to-day

activities of the board ;

(3) hearing officers;

(4) personnel to assist in clemency matters; and

(5) secretarial or clerical personnel.

(Chgd. by L.1997, chap. 161(5), eff. 9/1/97.)

Sec. 6C. Policy board: general administrative

provisions. (a) The policy board shall:

(1) develop and implement policies that clearly separate

the policy-making responsibilities of the policy board and

the management responsibilities of the board administrator

and the staff of the board;

(2) prepare information of public interest describing

the functions of the board and make the information

available to the public and appropriate state agencies;

(3) comply with federal and state laws related to

program and facility accessibility; and

(4) prepare annually a complete and detailed written

report that meets the reporting requirements applicable to

financial reporting provided in the General Appropriations

Act and accounts for all funds received and disbursed by

the board during the preceding fiscal year.

(b) The board administrator shall prepare and maintain a

written plan that describes how a person who does not speak

English can be provided reasonable access to the board's

programs and services.

(c) The policy board is subject to the open meetings

law, Chapter 551, Government Code, and the administrative

procedure law, Chapter 2001, Government Code, as if it

were, respectively, a governmental body or a state agency

under those laws. This subsection does not affect the

provisions of Section 2001.223, Government Code, exempting

hearings and interviews conducted by the board or the

division from Section 2001.038 and Subchapters C-H, Chapter

2001, Government Code.

(d) Members of the board who are not members of the

policy board may participate in policy board meetings but

shall have no vote.

(Added by L.1997, chap. 161(6), eff. 9/1/97.)

Sec. 6D. Board personnel. (a) The board

administrator or the board administrator's designee shall

prepare and maintain a written policy statement to assure

implementation of a program of equal employment opportunity

under which all personnel transactions of the board are

made without regard to race, color, disability, sex,

religion, age, or national origin. The policy statement

must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, appointment, training,

and promotion of personnel that are in compliance with

requirements of Chapter 21, Labor Code;

(2) a comprehensive analysis of the board workforce that

meets federal and state laws, rules, and regulations, and

instructions promulgated directly from those laws, rules,

and regulations;

(3) procedures by which a determination can be made

about the extent of underuse in the board workforce of all

persons for whom federal or state laws, rules, and

regulations, and instructions promulgated directly from

those laws, rules, and regulations encourage a more

equitable balance; and

(4) reasonable methods to appropriately address those

areas of underuse.

(b) A policy statement prepared under Subsection (a)

must cover an annual period, be updated annually and

reviewed by the Commission on Human Rights for compliance

with Subsection (a)(1), and be filed with the governor's

office.

(c) The governor's office shall deliver a biennial

report to the legislature based on the information received

under Subsection (b). The report may be made separately or

as a part of other biennial reports made to the

legislature.

(d) The board administrator or the board administrator's

designee shall develop an intra-agency career ladder

program that addresses opportunities for mobility and

advancement for employees within the board. The program

shall require intra-agency posting of all positions

concurrently with any public posting.

(e) The board administrator or the board administrator's

designee shall develop a system of annual performance

evaluations that are based on documented employee

performance. All merit pay for board employees must be

based on the system established under this subsection.

(Added by L.1997, chap. 161(6), eff. 9/1/97.)

Sec. 7. Duties of members of board.

(c) The policy board shall develop and implement a

policy that clearly defines circumstances under which a

board member should disqualify himself from voting on a

parole decision or on a decision to revoke parole or

mandatory supervision.

(d) The policy board may provide and promulgate a

written plan for the administrative review by the entire

membership or a subset of the entire membership of the

board of actions taken by a parole panel.

(f) The members of the policy board shall meet at least

once in each quarter of the calendar year at a site

determined by the presiding officer. The members of the

board are not required to meet as a body to perform the

members' duties in clemency matters.

(h) The policy board shall develop for board members a

comprehensive training and education program on the Texas

criminal justice system, with special emphasis on the

parole process. A new member may not participate in a vote

of the board or a panel until the member completes the

program.

(i) To be eligible to take office as a member of the

board or the policy board, a person appointed to the board

or policy board must complete at least one course of a

training program that complies with this section.

(j) A training program must provide information to the

person regarding:

(1) the enabling legislation that created the board and

the policy board;

(2) the programs operated by the board;

(3) the role and functions of the board;

(4) the rules of the board;

(5) the current budget for the board;

(6) the results of the most recent formal audit of the

board;

(7) the requirements of the:

(A) open meetings law, Chapter 551, Government Code;

(B) open records law, Chapter 552, Government Code; and

(C) administrative procedure law, Chapter 2001,

Government Code;

(8) the requirements of the conflict of interests laws

and other laws relating to public officials; and

(9) any applicable ethics policies adopted by the policy

board or the Texas Ethics Commission.

(k) A person appointed to the board or policy board is

entitled to reimbursement for travel expenses incurred in

attending the training program, as provided by the General

Appropriations Act and as if the person were a member of

the board or policy board.

(Chgd. by L.1997, chap. 161(7), eff. 9/1/97.)

Sec. 8. Eligibility for release; conditions on

release.

(b)(2) If a prisoner is serving a life sentence for a

capital felony, the prisoner is not eligible for release on

parole until the actual calendar time the prisoner has

served, without consideration of good conduct time, equals

40 calendar years. If a prisoner is serving a life sentence

imposed under Section 12.42(c)(2), Penal Code, the prisoner

is not eligible for release on parole until the actual

calendar time the prisoner has served, without

consideration of good conduct time, equals 35 calendar

years.

(c) Except as otherwise provided by this subsection and

Subsection (c-1), a prisoner who is not on parole shall be

released to mandatory supervision by order of a parole

panel when the calendar time he has served plus any accrued

good conduct time equal the maximum term to which he was

sentenced. A prisoner released to mandatory supervision

shall, upon release, be deemed as if released on parole. To

the extent practicable, arrangements for the prisoner's

proper employment, maintenance, and care shall be made

prior to his release to mandatory supervision. The period

of mandatory supervision shall be for a period equivalent

to the maximum term for which the prisoner was sentenced

less calendar time actually served on the sentence. The

time served on mandatory supervision is calculated as

calendar time. Every prisoner while on mandatory

supervision shall remain in the legal custody of the state

and shall be amenable to conditions of supervision ordered

by the parole panel. A prisoner may not be released to

mandatory supervision if the prisoner is serving or has

previously been convicted for an offense and the judgment

for the offense contains an affirmative finding under

Subdivision (2), Subsection (a), Section 3g, Article 42.12,

of this code or if the prisoner is serving a sentence for

or has previously been convicted of:

(1) a first degree felony or a second degree felony

under Section 19.02, Penal Code (Murder);

(2) a capital felony under Section 19.03, Penal Code

(Capital Murder);

(3) a first degree felony or a second degree felony

under Section 20.04, Penal Code (Aggravated Kidnapping);

(4) a second degree felony or a third degree felony

under Section 21.11, Penal Code (Indecency with a Child);

(5) a second degree felony under Section 22.011, Penal

Code (Sexual Assault);

(6) a second degree or first degree felony under Section

22.02, Penal Code (Aggravated Assault);

(7) a first degree felony under Section 22.021, Penal

Code (Aggravated Sexual Assault);

(8) a first degree felony under Section 22.04, Penal

Code (Injury to a Child, Elderly Individual, or Disabled

Individual);

(9) a first degree felony under Section 28.02, Penal

Code (Arson);

(10) a second degree felony under Section 29.02, Penal

Code (Robbery);

(11) a first degree felony under Section 29.03, Penal

Code (Aggravated Robbery);

(12) a first degree felony under Section 30.02, Penal

Code (Burglary); or

(13) a felony for which the punishment is increased

under Section 481.134, Health and Safety Code (Drug-Free

Zones).

(g) The policy board may adopt such other reasonable

rules not inconsistent with law as it may deem proper or

necessary with respect to the eligibility of prisoners for

parole and mandatory supervision, the conduct of parole and

mandatory supervision hearings, or conditions to be imposed

upon parolees and persons released to mandatory

supervision. Each person to be released on parole shall be

furnished a contract setting forth in clear and

intelligible language the conditions and rules of parole.

The parole panel may include as a condition of parole or

mandatory supervision any condition that a court may impose

on a defendant placed on community supervision under

Article 42.12 of this code, including the condition that

the person released submit to testing for controlled

substances or submit to electronic monitoring if the parole

panel determines that absent testing for controlled

substances or participation in an electronic monitoring

program the person would not be released on parole.

Acceptance, signing and execution of the contract by the

inmate to be paroled shall be a precondition to release on

parole. Persons released on mandatory supervision shall be

furnished a written statement setting forth in clear and

intelligible language the conditions and rules of mandatory

supervision. The parole panel may also require as a

condition of parole or release to mandatory supervision

that the person make payments in satisfaction of damages

the person is liable for under Section 500.002, Government

Code. The parole panel shall require as a condition of

parole or mandatory supervision that the person register

under Chapter 62. The parole panel may require as a

condition of parole or release to mandatory supervision

that the person attend counseling sessions for substance

abusers or participate in substance abuse treatment

services in a program or facility approved or licensed by

the Texas Commission on Alcohol and Drug Abuse if the

person was sentenced for an offense involving controlled

substances or the panel determines that the defendant's

substance abuse was connected to the commission of the

offense. The parole panel shall require as a condition of

parole or mandatory supervision that an inmate who

immediately before release is a participant in the program

established under Section 501.0931, Government Code,

participate in a drug or alcohol abuse continuum of care

treatment program.

(h) It shall be the duty of the pardons and paroles

division at least 10 days before the board orders the

parole of any prisoner or at least 10 days after

recommending the granting of executive clemency by the

governor to notify the sheriff, each chief of police, the

prosecuting attorney, and the district judge in the county

where such person was convicted and the county to which the

prisoner is released that such parole or clemency is being

considered by the board or by the governor. For any case in

which there was a change of venue, the pardons and paroles

division shall notify those same officials in the county in

which the prosecution was originated if, no later than 30

days after the date on which the defendant was sentenced,

those officials request in writing that the pardons and

paroles division give them notice under this section of any

future release of the prisoner. Additionally, no later than

the 10th day after the parole panel orders the transfer of

a prisoner to a halfway house under this article, the

pardons and paroles division shall notify the sheriff of

the county in which the prisoner was convicted and shall

notify the sheriff, each chief of police, and the attorney

who represents the state in the prosecution of felonies in

the county in which the halfway house is located. The

notice must state the prisoner's name, the county in which

the prisoner was convicted, and the offense for which the

prisoner was convicted.

(o)(1) In addition to other conditions imposed by a

parole panel under this article, the parole panel shall

require as a condition of parole or release to mandatory

supervision that an inmate serving a sentence for the

offense of stalking:

(A) attend psychological counseling sessions of a type

and for a duration as specified by the parole panel, if the

parole panel determines in consultation with a local mental

health services provider that appropriate mental health

services are available through the Texas Department of

Mental Health and Mental Retardation in accordance with

Section 534.053, Health and Safety Code, or through another

mental health services provider; and

(B) not:

(i) communicate directly or indirectly with the victim;

or

(ii) go to or near the residence, place of employment,

or business of the victim or to or near a school, day-care

facility, or similar facility where a dependent child of

the victim is in attendance.

(r) In addition to other conditions and fees imposed by

a parole panel under this article, the parole panel shall

require as a condition of parole or release to mandatory

supervision that a person required to register as a sex

offender under Chapter 62 pay to the person's supervising

officer a fee that equals the actual cost to the applicable

local law enforcement authority for providing notice for

publication to a newspaper as required by Chapter 62. The

pardons and paroles division shall remit fees collected

under this subsection to the applicable local law

enforcement authority to reimburse the authority for the

actual cost incurred by the authority, as evidenced by

written receipt, for providing notice for publication to a

newspaper as required by Chapter 62. In a parole or

mandatory supervision revocation hearing under Section 14

of this article at which it is alleged only that the person

failed to make a payment under this subsection, the

inability of the person to pay as ordered by a parole panel

is an affirmative defense to revocation, which the person

must prove by a preponderance of the evidence.

(s) A parole panel may not require an inmate to undergo

an orchiectomy as a condition of parole or release to

mandatory supervision.

(Chgd. by L.1997, chaps.1(7), 144(4), 161(8), 188(1),

238(1), 480(1), 665(3), 668(5),(6), 670(1), eff. 1/28/97,

5/20/97, 9/1/97, 5/21/97, 5/23/97, 9/1/97, 9/1/97, 9/1/97,

9/1/97, respectively.)

Sec. 8A. [Residency.]

(e) If a parole panel requires the defendant to reside

in a county other than the county required by Subsection

(a) of this section, the panel shall state the reason for

its decision in writing, and place the statement in the

defendant's permanent record. The pardons and paroles

division shall include the reason for residency exemption

in the required notification to the sheriff of the county

in which the defendant is to reside, the chief of police of

the municipality in which the halfway house is located, and

the attorney who represents the state in the prosecution of

felonies in that county.

(g) The pardons and paroles division shall, on the first

working day of each month, notify the sheriff of any county

in which the total number of sex offenders under the

supervision and control of the division residing in the

county exceeds 10 percent of the total number of sex

offenders in the state under the supervision and control of

the division. If the total number of sex offenders under

the supervision and control of the division residing in a

county exceeds 22 percent of the total number of sex

offenders in the state under the supervision and control of

the division, a parole panel may require a sex offender to

reside in that county only as required by Subsection (a) or

for the reason stated in Subsection (b)(2)(B). In this

subsection, "sex offender" means a person who is released

on parole or to mandatory supervision after serving a

sentence for an offense described by Section 8(u)(2).

(Chgd. by L.1997, chaps. 480(2), 836(1), eff. 9/1/97.)

Sec. 8B. Parolee restitution fund.

(b) The comptroller shall be the trustee of the parolee

restitution fund as provided by Section 404.073, Government

Code. (Chgd. by L.1997, chap. 1423(4.02), eff. 9/1/97.)

Sec. 8C. No contact with victim. (a) If a parole

panel releases a defendant on parole or to mandatory

supervision, the panel shall require as a condition of

parole or mandatory supervision that the defendant not

intentionally or knowingly communicate directly or

indirectly with a victim of the offense or intentionally or

knowingly go near a residence, school, place of employment,

or business of a victim. At any time after the defendant is

released on parole or to mandatory supervision, a victim of

the offense may petition the panel for a modification of

the conditions of the defendant's parole or mandatory

supervision allowing the defendant contact with the victim

subject to reasonable restrictions.

(b) Notwithstanding Subsection (a), a defendant may

participate in victim-offender mediation authorized by

Section 30 on the request of the victim or a guardian of

the victim or a close relative of a deceased victim.

(c) In this section, "victim" has the meaning assigned

by Article 56.01(3).

(Added by L.1997, chap. 670(2), eff. 9/1/97.)

Sec. 11. Representation of inmates. (a) The policy

board shall adopt rules as to:

(1) the submission and presentation of information and

arguments to the board, parole panels, and the department

for and in behalf of an inmate; and

(2) the time, place, and manner of contact between a

person representing an inmate and a member of the board, an

employee of the board, or an employee of the department.

(Chgd. by L.1997, chap. 161(9), eff. 9/1/97.)

Sec. 13. Warrants. (a) A warrant for the return of a

paroled prisoner, a prisoner released to mandatory

supervision, a prisoner released although not eligible for

release, a resident released to a preparole or work

program, a prisoner released on emergency reprieve or on

furlough, or a person released on a conditional pardon to

the institution from which the person was paroled,

released, or pardoned may be issued by the director or a

designated agent of the director in cases of parole or

mandatory supervision, or by the board on order by the

governor in other cases, if there is reason to believe that

the person has been released although not eligible for

release, if the person has been arrested for an offense, if

there is a [verified complaint] document that is self-

authenticating as provided by Rule 902, Texas Rules of

Criminal Evidence stating that the person violated a rule

or condition of release, or if there is reliable evidence

that the person has exhibited behavior during the person's

release that indicates to a reasonable person that the

person poses a danger to society that warrants the person's

immediate return to custody. The person may be held in

custody pending a determination of all facts surrounding

the alleged offense, violation of a rule or condition of

release, or dangerous behavior. A designated agent of the

director acts independently from a parole officer and must

receive specialized training as determined by the director.

Such warrant shall authorize all officers named therein to

take actual custody of the prisoner and detain and house

the prisoner until a parole panel orders the return of the

prisoner to the institution from which he was released.

Pending hearing, as hereinafter provided, upon any charge

of parole violation, ineligible release, or violation of

the conditions of mandatory supervision, a prisoner

returned to custody shall remain incarcerated. If the

director, a board member, or a designated agent of the

director or the board is otherwise authorized to issue a

warrant under this subsection, the division may instead

issue to a prisoner a summons requiring the prisoner to

appear for a hearing under Section 14 of this article. The

summons must state the time, place, date, and purpose of

the hearing.

(Chgd. by L.1997, chap. 429(3), eff. 1/1/98. Matter in

brackets eff. only until 1/1/98. Matter in italics eff.

1/1/98.)

Sec. 13A. Transfer pending revocation hearing. The

department, as provided by Section 14(h), may authorize a

facility that is otherwise required to detain and house a

prisoner or person to transfer the prisoner or person to a

correctional facility operated by the department or under

contract with the department if:

(1) the department determines that adequate space is

available in the facility to which the prisoner or person

is to be transferred; and

(2) the facility to which the prisoner or person is to

be transferred is located not more than 150 miles from the

facility from which the prisoner or person is to be

transferred.

(Added by L.1997, chap. 429(1), eff. 1/1/98.)

Sec. 14. Hearings; sanctions. (a) Whenever a

prisoner or a person granted a conditional pardon is

accused of a violation of his parole, mandatory

supervision, or conditional pardon, on information and

complaint by a law enforcement officer or parole officer,

or is arrested after an ineligible release, he shall be

entitled to be heard on such charges before a parole panel

or a designee of the board under such rules as the policy

board may adopt and within a period that permits a parole

panel, a designee of the board, or the department to

dispose of the charges within the periods established by

Subsections (c) and (d).

(b) A parole panel or a designee of the board shall

provide within a reasonable time to a prisoner or person

described by Subsection (a) a preliminary hearing to

determine whether probable cause or reasonable grounds

exist to believe that the prisoner or person has committed

an act that would constitute a violation of a condition of

release, unless the prisoner or person:

(1) waives the preliminary hearing; or

(2) after release:

(A) has been charged only with an administrative

violation of a condition of release; or

(B) has been adjudicated guilty of or has pleaded

guilty or nolo contendere to an offense committed after

release, other than an offense punishable by fine only

involving the operation of a motor vehicle, regardless of

whether the court has deferred disposition of the case,

imposed a sentence in the case, or placed the prisoner or

person on community supervision[; provided, however, said

hearing shall be held within 70 days of the date of arrest

under a warrant issued by the director or a designated

agent of the director or by the board on order by the

governor and at a time and place set by that parole panel

or designee. The panel or designee may hold the hearing at

a date later than the date otherwise required by this

section if it determines a delay is necessary to assure due

process for the person, except that the authority issuing

the warrant shall immediately withdraw the warrant if the

hearing is not held before the 121st day after the date of

arrest].

(c) Except as provided by Subsection (d), a parole

panel, a designee of the board, or the department shall

dispose of the charges against a prisoner or person

described by Subsection (a):

(1) before the 61st day after the date on which:

(A) a warrant issued as provided by Section 13(a) is

executed, if the prisoner or person is arrested only on a

charge that the prisoner or person has committed an

administrative violation of a condition of release, and the

prisoner or person is not charged before the 61st day with

the commission of an offense described by Subsection

(b)(2)(B); or

(B) the sheriff having custody of a prisoner or person

alleged to have committed an offense after release notifies

the department that:

(i) the prisoner or person has discharged the sentence

for the offense; or

(ii) the prosecution of the alleged offense has been

dismissed by the attorney representing the state in the

manner provided by Article 32.02; or

(2) within a reasonable time after the date on which

the prisoner or person is returned to the custody of the

department, if:

(A) immediately before the return the prisoner or

person was in custody in another state or in a federal

correctional system; or

(B) the prisoner or person is transferred to the

custody of the department under Section 13A.

(d) A parole panel, a designee of the board, or the

department is not required to dispose of the charges

against a prisoner or person within the period required by

Subsection (c) if:

(1) the prisoner or person is in custody in another

state or a federal correctional institution;

(2) the parole panel or a designee of the board is not

provided a place by the sheriff to hold the hearing, in

which event the department, parole panel, or designee is

not required to dispose of the charges against the prisoner

or person until the 60th day after the date on which the

sheriff provides a place to hold the hearing; or

(3) a parole panel or designee of the board determines

that a continuance in the hearing under Subsection (a) is

necessary, but in no event may a parole panel, a designee

of the board, or the department dispose of the charges

against the person later than the 30th day after the date

on which the parole panel, designee, or department would

otherwise be required to dispose of the charges under this

section, unless the prisoner or person is released from

custody and a summons is issued under Section 13(a)

requiring the prisoner or person to appear for a hearing

under this section.

(e) If a parole panel or designee determines that a

parolee, mandatory supervisee, or person granted a

conditional pardon has been convicted in a court of

competent jurisdiction of a felony offense committed while

an administrative releasee and has been sentenced by the

court to a term of incarceration in a penal institution,

the determination is to be considered a sufficient hearing

to revoke the parole or mandatory supervision or recommend

to the governor revocation of a conditional pardon without

further hearing, except that the parole panel or designee

shall conduct a hearing to consider mitigating

circumstances if requested by the parolee, mandatory

supervisee, or person granted a conditional pardon. When

the parole panel or designee has heard the facts, the board

may recommend to the governor that the conditional pardon

be continued, revoked, or modified, or it may continue,

revoke, or modify the parole or mandatory supervision, in

any manner warranted by the evidence[. The parole panel or

designee must make its recommendation or decision no later

than the 30th day after the date the hearing is concluded].

(f) When a person's parole, mandatory supervision,

or conditional pardon is revoked, that person may be

required to serve the portion remaining of the sentence on

which he was released, such portion remaining to be

calculated without credit for the time from the date of his

release to the date of revocation. When a warrant is issued

charging a violation of release conditions or when a

summons is issued for a hearing under this section, the

sentence time credit may be suspended until a determination

is made in such case and such suspended time credit may be

reinstated should such parole, mandatory supervision, or

conditional pardon be continued.

(g) (Repealed by L.1997, chap. 161(10), eff.

9/1/97.)

(h) In Subsections (c) and (d), charges against a

prisoner or person are disposed of when:

(1) the prisoner's or person's conditional pardon,

parole, or release on mandatory supervision is:

(A) revoked; or

(B) continued or modified and the prisoner or person

is released from the county jail;

(2) the warrant for the prisoner or person issued

under Section 13(a) is withdrawn; or

(3) the prisoner or person is transferred to a

facility described by Section 13A for further

proceedings.

(i) A sheriff, not later than the 10th day before the

date on which the sheriff intends to release from custody a

prisoner or person described by Subsection (a) or transfer

the prisoner or person to the custody of an entity other

than the department, shall notify the department of the

intended release or transfer.

(j) If a warrant for a prisoner or person issued under

Section 13(a) is withdrawn, a summons may be issued

requiring the prisoner or person to appear for a hearing

under this section.

[(c) The requirement in Subsection (a) that a warrant be

withdrawn does not apply if the person:]

[(1) has been removed from the custody of a county

sheriff by the department and placed in a community

residential facility;]

[(2) is in custody in another state or in a federal

correctional facility;]

[(3) is granted a continuance, not to exceed the 181st

day after the arrest, or the attorney representing the

person or the attorney representing the state is granted a

continuance, not to exceed the 181st day after the arrest;

or]

[(4) is subject to pending criminal charges that have

not been adjudicated.]

(Chgd. by L.1997, chaps. 161(10), 429(2), eff. 9/1/97,

1/1/98, respectively. Matter in brackets eff. only until

1/1/98. Matter in italics eff. 1/1/98.)

Sec. 14A. Designee training; handbook. (a) The

policy board shall:

(1) develop and implement a training program that each

newly hired employee of the board designated to conduct

hearings under Section 14 must complete before conducting a

hearing without the assistance of a board member or

experienced designee; and

(2) develop and implement a training program to provide

an annual update to designees of the board on issues and

procedures relating to the revocation process.

(b) The policy board shall prepare and biennially update

a procedural manual to be used by designees of the board.

The policy board shall include in the manual:

(1) descriptions of decisions in previous hearings

determined by the policy board to have value as precedents

for decisions in subsequent hearings;

(2) laws and court decisions relevant to decision making

in hearings; and

(3) case studies useful in decision making in hearings.

(c) The policy board shall prepare and update as

necessary a handbook to be made available to participants

in hearings under Section 14, such as defense attorneys,

persons released on parole or mandatory supervision, and

witnesses. The handbook must describe in plain language the

procedures used in a hearing under Section 14.

(Added by L.1997, chap. 161(11), eff. 9/1/97.)

Sec. 18. Confidential information.

(b) This section does not apply to information regarding

a sex offender if the information is authorized for release

under Chapter 62. (Chgd. by L.1997, chap. 668(7), eff.

9/1/97.)

Sec. 24. Intensive supervision; super-intensive

supervision. (a) The department shall establish a program

to provide intensive supervision to inmates released under

the provisions of Subchapter B, Chapter 499, Government

Code, and other inmates determined by parole panels or the

department to require intensive supervision. The Texas

Board of Criminal Justice shall adopt rules that establish

standards for determining which inmates require intensive

supervision. The program must provide the level of

supervision provided by the department that is higher than

any level of supervision other than the level of

supervision described by Subsection (b).

(b) The department shall establish a program to provide

super-intensive supervision to inmates released on parole

or mandatory supervision and determined by parole panels to

require super-intensive supervision. The program must

provide the highest level of supervision provided by the

department.

(Chgd. by L.1997, chap. 1430(6(a)), eff. 9/1/97.)

Sec. 25. Community residential facilities.

(c) The division may not establish a community

residential facility, enter into a contract for a community

residential facility, change the use of a community

residential facility, significantly increase the capacity

of a community residential facility, or increase the

capacity of a community residential facility to more than

500 residents, regardless of whether that increase is

significant, unless the division or a vendor proposing to

operate the facility provides notice of the proposed action

and a hearing on the issues in the same manner as notice

and hearing are provided under Section 509.010, Government

Code. The notice must clearly state that the proposed

action concerns a facility in which persons who have been

released from prison on parole or mandatory supervision are

to be housed. This subsection applies to any residential

facility that the division establishes or contracts for

under this article, under Subchapter C, Chapter 497,

Government Code, or under Subchapter A, Chapter 499,

Government Code. (Chgd. by L.1997, chap. 478(2), eff.

9/1/97.)

Sec. 30. Victim-offender mediation. If the pardons

and paroles division receives notice from the victim

services office of the Texas Department of Criminal Justice

that a victim of the defendant, or the victim's guardian or

close relative, wishes to participate in victim-offender

mediation with a person released to parole or mandatory

supervision, the division shall cooperate and assist the

person if the person chooses to participate in the

mediation program provided by the office. The pardons and

paroles division may not require the defendant to

participate and may not reward the person for participation

by modifying conditions of release or the person's level of

supervision or by granting any other benefit to the person.

(Added by L.1997, chap. 670(3), eff. 9/1/97. See other

section 30 below.)

Sec. 30. Dual supervision. (a) The department, using

data included in the community supervision tracking system

and other information available to the department, shall

determine the number of persons who at any time during the

period beginning on June 1, 1997, and ending on May 31,

1998, are under the supervision of both the division and a

community supervision and corrections department.

(b) The department shall determine:

(1) the number of those persons described by Subsection

(a) who are supervised by a community supervision and

corrections department following a grant of deferred

adjudication for a misdemeanor or a conviction of a

misdemeanor; and

(2) the number of those persons described by Subsection

(a) who are supervised by a community supervision and

corrections department following a grant of deferred

adjudication for a felony or a conviction of a felony.

(c) For each person determined by the department to be

under dual supervision by the division and a community

supervision and corrections department, the department

shall determine:

(1) the duration of the period of supervision by the

division to which the person is subject;

(2) the duration of the period of supervision by the

community supervision and corrections department to which

the person is subject; and

(3) the duration of the period of dual supervision to

which the person is subject.

(d) In addition to making the determinations described

by Subsections (b) and (c), the department shall determine

the geographic distribution of incidents of dual

supervision, including determining whether a difference in

the number of incidents of dual supervision may be

attributable to whether the person supervised resides in an

urban area or a rural area and determining whether certain

counties have a disproportionate percentage of incidents of

dual supervision.

(e) The department shall report its findings to the

legislature and to the Sunset Advisory Commission not later

than December 1, 1998.

(f) If a peace officer arrests a person for an offense

for which the law enforcement agency employing the officer

is required to report the arrest for inclusion in the

criminal justice information system, the agency shall

inquire of the system as to whether the person at the time

of the arrest is under the supervision of the department.

If information in the system indicates that the person

arrested is under the supervision of the department, the

law enforcement agency shall notify the division of the

department supervising the person of the arrest. The law

enforcement agency may use the statewide law enforcement

telecommunications system to notify the division.

(g) This section expires January 1, 1999.

(Added by L.1997, chap. 736(1), eff. 6/17/97, expires

1/1/99. See other section 30 above.)

Art. 42.19. Interstate Corrections Compact.

Article I. Purpose and Policy

The party states, desiring by common action to fully

utilize and improve their institutional facilities and

provide adequate programs for the confinement, treatment,

and rehabilitation of various types of offenders, declare

that it is the policy of each of the party states to

provide such facilities and programs on a basis of

cooperation with one another, thereby serving the best

interests of such offenders and of society and effecting

economies in capital expenditures and operational costs.

The purpose of this compact is to provide for the mutual

development and execution of such programs of cooperation

for the confinement, treatment, and rehabilitation of

offenders with the most economical use of human and

material resources.

Article II. Definitions

As used in this compact, unless the context clearly

requires otherwise:

(a) "State" means a state of the United States; the

United States of America; a territory or possession of the

United States; the District of Columbia; the commonwealth

of Puerto Rico.

(b) "Sending state" means a state party to this compact

in which conviction or court commitment was had.

(c) "Receiving state" means a state party to this

compact to which an inmate is sent for confinement other

than a state in which conviction or court commitment was

had.

(d) "Inmate" means a male or female offender who is

committed, under sentence to or confined in a penal or

correctional institution.

(e) "Institution" means any penal or correctional

facility, including but not limited to a facility for the

mentally ill or mentally defective, in which inmates as

defined in (d) above may lawfully be confined.

Article III. Contracts

(a) Each party state may make one or more contracts with

any one or more of the other party states for the

confinement of inmates on behalf of a sending state in

institutions situated within receiving states. Any such

contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the

sending state for inmate maintenance, extraordinary medical

and dental expenses, and any participation in or receipt by

inmates of rehabilitative or correctional services,

facilities, programs, or treatment not reasonably included

as part of normal maintenance.

3. Participation in programs of inmate employment, if

any; the disposition or crediting of any payments received

by inmates on account thereof, and the crediting of

proceeds from or disposal of any products resulting

therefrom.

4. Delivery and retaking of inmates.

5. Such other matters as may be necessary and

appropriate to fix the obligations, responsibilities, and

rights of the sending and receiving states.

(b) The terms and provisions of this compact shall be a

part of any contract entered into by the authority of or

pursuant thereto, and nothing in any such contract shall be

inconsistent therewith.

Article IV. Procedures and Rights

(a) Whenever the duly constituted authorities in a state

party to this compact, and which has entered into a

contract pursuant to Article III, shall decide that

confinement in, or transfer of an inmate to, an institution

within the territory of another party state is necessary or

desirable in order to provide adequate quarters and care or

an appropriate program of rehabilitation or treatment, such

official may direct that the confinement be within an

institution within the territory of such other party state,

the receiving state to act in that regard solely as agent

for the sending state.

(b) The appropriate officials of any state party to this

compact shall have access, at all reasonable times, to any

institution in which it has a contractual right to confine

inmates for the purpose of inspecting the facilities

thereof and visiting such of its inmates as may be confined

in the institution.

(c) Inmates confined in an institution pursuant to this

compact shall at all times be subject to the jurisdiction

of the sending state and may at any time be removed

therefrom for transfer to a prison or other institution

within the sending state, for transfer to another

institution in which the sending state may have a

contractual or other right to confine inmates, for release

on probation or parole, for discharge, or for any other

purpose permitted by the laws of the sending state.

However, the sending state shall continue to be obligated

to such payments as may be required pursuant to the terms

of any contract entered into under the terms of Article

III.

(d) Each receiving state shall provide regular reports

to each sending state on the inmates of that sending state

who are in institutions pursuant to this compact including

a conduct record of each inmate and shall certify such

record to the official designated by the sending state, in

order that each inmate may have official review of his or

her record in determining and altering the disposition of

the inmate in accordance with the law which may obtain in

the sending state and in order that the same may be a

source of information for the sending state.

(e) All inmates who may be confined in an institution

pursuant to this compact shall be treated in a reasonable

and humane manner and shall be treated equally with such

similar inmates of the receiving state as may be confined

in the same institution. The fact of confinement in a

receiving state shall not deprive any inmate so confined of

any legal rights which the inmate would have had if

confined in an appropriate institution of the sending

state.

(f) Any hearing or hearings to which an inmate confined

pursuant to this compact may be entitled by the laws of the

sending state may be had before the appropriate authorities

of the sending state, or of the receiving state if

authorized by the sending state. The receiving state shall

provide adequate facilities for such hearing as may be

conducted by the appropriate officials of a sending state.

In the event such hearing or hearings are had before

officials of the receiving state, the governing law shall

be that of the sending state and a record of the hearing or

hearings as prescribed by the sending state shall be made.

The record together with any recommendations of the hearing

officials shall be transmitted forthwith to the official or

officials before whom the hearing would have been had if it

had taken place in the sending state. In any and all

proceedings had pursuant to the provisions of this

paragraph (f), the officials of the receiving state shall

act solely as agents of the sending state and no final

determination shall be made in any matter except by the

appropriate officials of the sending state.

(g) Any inmate confined pursuant to this compact shall

be released within the territory of the sending state

unless the inmate and the sending and receiving state shall

agree upon release in some other place. The sending state

shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to this compact shall

have any rights and all rights to participate in and derive

any benefits or incur or be relieved of any obligations or

have such obligations modified or his status changed on

account of any action or proceeding in which he could have

participated if confined in any appropriate institution of

the sending state located within such state.

(i) The parent, guardian, trustee, or other person or

persons entitled under the laws of the sending state to act

for, advise, or otherwise function with respect to any

inmate shall not be deprived of or restricted in his

exercise of any power in respect of any inmate confined

pursuant to the terms of this compact.

Article V. Act Not Reviewable in Receiving State:

Extradition

(a) Any decision of the sending state in respect of any

matter over which it retains jurisdiction pursuant to this

compact shall be conclusive upon and not reviewable within

the receiving state, but if at the time the sending state

seeks to remove an inmate from an institution in the

receiving state there is pending against the inmate within

such state any criminal charge or if the inmate is formally

accused of having committed within such state a criminal

offense, the inmate shall not be returned without the

consent of the receiving state until discharged from

prosecution or other form of proceeding, imprisonment, or

detention for such offense. The duly accredited officer of

the sending state shall be permitted to transport inmates

pursuant to this compact through any and all states party

to this compact without interference.

(b) An inmate who escapes from an institution in which

he is confined pursuant to this compact shall be deemed a

fugitive from the sending state and from the state in which

the institution escaped from is situated. In the case of an

escape to a jurisdiction other than the sending or

receiving state, the responsibility for institution of

extradition or rendition proceedings shall be that of the

sending state, but nothing contained herein shall be

construed to prevent or affect the activities of officers

and agencies of any jurisdiction directed toward the

apprehension and return of an escapee.

Article VI. Federal Aid

Any state party to this compact may accept federal aid

for use in connection with any institution or program, the

use of which is or may be affected by this compact or any

contract pursuant thereto. Any inmate in a receiving state

pursuant to this compact may participate in any such

federally aided program or activity for which the sending

and receiving states have made contractual provision.

However, if such program or activity is not part of the

customary correctional regimen, the express consent of the

appropriate official of the sending state shall be required

therefor.

Article VII. Entry Into Force

This compact shall enter into force and become effective

and binding upon the states so acting when it has been

enacted into law by any two states. Thereafter, this

compact shall enter into force and become effective and

binding as to any other of such states upon similar action

by such state.

Article VIII. Withdrawal and Termination

This compact shall continue in force and remain binding

upon a party state until it shall have enacted a statute

repealing the compact and providing for the sending of

formal written notice of withdrawal from the compact to the

appropriate officials of all other party states. An actual

withdrawal shall not take effect until one year after the

notices provided in the statute have been sent. Such

withdrawal shall not relieve the withdrawing state from its

obligations assumed hereunder prior to the effective date

of withdrawal. Before the effective date of withdrawal, a

withdrawal state shall remove to its territory, at its own

expense, such inmates as it may have confined pursuant to

the provisions of this compact.

Article IX. Other Arrangements Unaffected

Nothing contained in this compact shall be construed to

abrogate or impair an agreement or other arrangement which

a party state may have with a nonparty state for the

confinement, rehabilitation, or treatment of inmates, nor

to repeal any other laws of a party state authorizing the

making of cooperative institutional arrangements.

Article X. Construction and Severability

(a) The provisions of this compact shall be liberally

construed and shall be severable. If any phrase, clause,

sentence, or provision of this compact is declared to be

contrary to the constitution of any participating state or

of the United States or the applicability thereof to any

government, agency, person, or circumstance is held

invalid, the validity of the remainder of this compact and

the applicability thereof to any government, agency,

person, or circumstance shall not be affected thereby. If

this compact shall be held contrary to the constitution of

any state participating therein, the compact shall remain

in full force and effect as to the remaining states and in

full force and effect as to the state affected as to all

severable matters.

(b) Powers. The director of the Texas Department of

Corrections is authorized and directed to do all things

necessary or incidental to the carrying out of the compact

in every particular.

Art. 42.20. Immunities.

(a) An individual listed in Subsection (c) of this

article and the governmental entity that the individual

serves as an officer or employee are not liable for damages

arising from an act or failure to act by the individual or

governmental entity in connection with a community service

program or work program established under this chapter or

in connection with an inmate, offender, or releasee

programmatic or nonprogrammatic activity, including work,

educational, and treatment activities, if the act or

failure to act:

(1) was performed pursuant to a court order or was

otherwise performed in an official capacity; and

(2) was not performed with conscious indifference for

the safety of others.

(b) Chapter 101, Civil Practice and Remedies Code, does

not apply to a claim based on an act or a failure to act of

an individual listed in Subsection (c) of this article or a

governmental entity the officer serves as an officer or

employee if the act or failure to act is in connection with

a program described by Subsection (a) of this article.

(c) This article applies to:

(1) a director or employee of a community supervision

and corrections department or a community corrections

facility;

(2) a sheriff or employee of a sheriff's department;

(3) a county judge, county commissioner, or county

employee;

(4) an officer or employee of a state agency; or

(5) an officer or employee of a political subdivision

other than a county.

(Added by L.1993, chap. 900(5.03); chgd. by L.1995, chap.

76(3.13), eff. 9/1/95.)

Art. 42.21. Notice of release of family violence

offenders.

(a) Before releasing a person convicted of a family

violence offense, the entity holding the person shall make

a reasonable attempt to give personal notice of the

imminent release to the victim of the offense or to another

person designated by the victim to receive the notice. An

attempt by an entity to give notice to the victim or person

designated by the victim at the victim's or person's last

known telephone number or address, as shown on the records

of the entity, constitutes a reasonable attempt to give

notice under this subsection.

(b) An entity or an employee of an entity is not liable

for damages arising from complying or failing to comply

with Subsection (a) of this article.

(c) In this article, "family violence" has the meaning

assigned by Section 71.01, Family Code.

(Added by L.1995, chap. 661(2), eff. 8/28/95.)

Art. 42.22. Restitution liens.

Sec. 1. Definitions. In this article:

(1) "Department" means the Texas Department of

Transportation.

(2) "Motor vehicle" has the meaning assigned by Chapter

501, Transportation Code.

(3) "State" means the State of Texas and all political

subdivisions thereof.

(4) "Victim" means a "close relative of a deceased

victim," "guardian of a victim," or "victim," as those

terms are defined by Article 56.01 of this code.

(5) "Personal property" means any property other than

real property including all tangible and intangible types

of property and including but not limited to copyrights,

book rights, movie rights, patents, and trademarks acquired

by the defendant prior to, during, and after conviction.

Sec. 2. Lien established. (a) The victim of a

criminal offense has a restitution lien to secure the

amount of restitution to which the victim is entitled under

the order of a court in a criminal case.

(b) The state also has a restitution lien to secure the

amount of fines or costs entered against a defendant in the

judgment in a felony criminal case.

Sec. 3. Perfection. (a) Except as provided by this

section, a restitution lien attaches and is perfected when

an affidavit to perfect the lien is filed in accordance

with this article.

(b) If a lien established under this article is attached

to a motor vehicle, the lien must be perfected in the

manner provided by Chapter 501, Transportation Code, and

the court that entered the order of restitution giving rise

to the lien shall include in the order a requirement that

the defendant surrender to the court evidence of current

legal ownership of the motor vehicle and the title, if

applicable, against which the lien attaches. A lien against

a motor vehicle as provided by this article is not

perfected until the defendant's title to the vehicle has

been surrendered to the court and the department has issued

a subsequent title that discloses on its face the fact that

the vehicle is subject to a restitution lien established as

provided by this article.

Sec. 4. Judgment required. An affidavit to perfect a

restitution lien may not be filed under this article until

a court has ordered restitution or entered a judgment

requiring the defendant to pay a fine or costs.

Sec. 5. Persons who may file. The following persons

may file an affidavit to perfect a restitution lien:

(1) the attorney representing the state in a criminal

case in which a victim is determined by the court to be

entitled to restitution or in which a defendant is ordered

to pay fines or costs; or

(2) a victim in a criminal case determined by the court

to be entitled to restitution.

Sec. 6. Affidavit. An affidavit to perfect a

restitution lien must be signed by the attorney

representing the state or a magistrate and must contain:

(1) the name and date of birth of the defendant whose

property or other interests are subject to the lien;

(2) the residence or principal place of business of the

person named in the lien, if known;

(3) the criminal proceeding giving rise to the lien,

including the name of the court, the name of the case, and

the court's file number for the case;

(4) the name and address of the attorney representing

the state and the name of the person entitled to

restitution;

(5) a statement that the notice is being filed under

this article;

(6) the amount of restitution and the amount of fines

and costs the defendant has been ordered to pay by the

court;

(7) a statement that the amount of restitution owed at

any one time may be less than the original balance and that

the outstanding balance is reflected in the records of the

clerk of the court hearing the criminal proceeding giving

rise to the lien; and

(8) the vehicle description and vehicle identification

number.

Sec. 7. Filing. (a) An affidavit to perfect a

restitution lien may be filed with:

(1) the secretary of state;

(2) the department in the manner provided by Chapter

501, Transportation Code; or

(3) the county clerk of the county in which:

(A) the crime was committed;

(B) the defendant resides; or

(C) the property is located.

(b) The uniform fee for filing and indexing and for

stamping a copy furnished by the state or victim to show

the date and place of filing is $5.

(c) The secretary of state shall deposit the filing fee

in the state treasury to the credit of the statutory filing

fund solely to defray the costs of administration of this

section. The department shall deposit the filing fee in the

state treasury to the credit of the state highway fund to

be used solely to defray the costs of administering this

section.

(d) The county clerk shall immediately record the

restitution lien in the judgment records of the county. The

clerk shall note in the records the date and hour the lien

is received.

(e) The secretary of state shall immediately file the

restitution lien in the security interest and financing

statement records of the secretary of state. The secretary

of state shall note in the records the date and hour the

lien is received.

(f) The department shall immediately file the

restitution lien in the motor vehicle records of the

department. The department shall note in the records the

date and hour the lien is received.

(g) When a restitution lien is filed, the county clerk

or secretary of state shall enter the restitution lien in

an alphabetical index to the records in which the lien is

filed showing:

(1) the name of the person entitled to restitution;

(2) the name of the defendant obligated to pay

restitution, fines, or costs;

(3) the amount of the lien; and

(4) the name of the court that ordered restitution.

(h) A person who files an affidavit to perfect a

restitution lien under this article shall notify in writing

the clerk of the court entering the judgment creating the

lien of all officers or entities with which the affidavit

was filed.

Sec. 8. Subject property. A restitution lien extends

to:

(1) any interest of the defendant in real property

whether then owned or after-acquired located in a county in

which the lien is perfected by the filing of an affidavit

with the county clerk;

(2) any interest of the defendant in tangible or

intangible personal property whether then owned or after-

acquired other than a motor vehicle if the lien is

perfected by the filing of the affidavit with the secretary

of state; or

(3) any interest of the defendant in a motor vehicle

whether then owned or after-acquired if the lien is

perfected by the filing of the affidavit with the

department.

Sec. 9. Priority. The perfection of a restitution

lien under this article is notice of the claim to all

persons dealing with the defendant or the property

identified in the affidavit perfecting the lien. Without

regard to whether perfected before or after the perfection

of a restitution lien filed and perfected under this

article, a perfected real estate mortgage lien, a vendor's

lien, a purchase money security interest, a chattel paper

security interest, a lien on a motor vehicle perfected as

provided by Chapter 501, Transportation Code, or a worker's

lien perfected in the manner provided by law is superior

and prior to a restitution lien filed and perfected under

this article. Except as provided by this article, a

perfected lien in favor of a victim is superior and prior

to a lien perfected by the state under this article, and

the perfected lien in favor of the state is superior and

prior to the claim or interest of any other person, other

than:

(1) a person who acquires a valid lien or security

interest perfected before the perfection of the restitution

lien;

(2) a bona fide purchaser who acquires an interest in

the property, if personal property, before the filing of

the restitution lien, to the extent that the purchaser

gives value; or

(3) a bona fide purchaser for value who acquires and

files for record an interest in the property, if real

property, before the perfection of the restitution lien.

Sec. 10. Payment. The clerk receiving a payment from

a defendant ordered to pay restitution shall make payments

to the person having an interest in the restitution lien on

a schedule of not less than quarterly payments as

determined by the clerk or agency.

Sec. 11. Foreclosure. If a defendant fails to timely

make a payment required by the order of the court entering

the judgment creating the restitution lien, the person

having an interest in the lien may file suit in a court of

competent jurisdiction to foreclose the lien. If the

defendant cures the default on or before the 20th day after

the date the suit is filed and pays the person who files

the suit costs of court and reasonable attorney's fees, the

court may dismiss the suit without prejudice to the person.

The person may refile the suit against the defendant if the

defendant subsequently defaults.

Sec. 12. Expiration; records. (a) A restitution lien

expires on the 10th anniversary of the date the lien was

filed or on the date the defendant satisfies the judgment

creating the lien, whichever occurs first. The person

having an interest in the lien may refile the lien before

the date the lien expires. A lien that is refiled expires

on the 10th anniversary of the date the lien was refiled or

the date the defendant satisfies the judgment creating the

lien, whichever occurs first.

(b) Failure to execute or foreclose the restitution lien

does not cause dormancy of the lien.

(c) The clerk of the court entering the judgment

creating the restitution lien shall maintain a record of

the outstanding balance of restitution, fines, or costs

owed. If the defendant satisfies the judgment, the clerk

shall immediately execute and file for record a release of

the restitution lien with all officers or entities with

which the affidavit perfecting the lien was filed, as

indicated by the notice received by the clerk under Section

7(h) of this article, unless a release was executed and

filed by the person who filed the affidavit to perfect the

lien.

(d) A partial release of a lien as to specific property

may be executed by the attorney representing the state or a

magistrate who signs an affidavit described by Section 6 of

this article on payment of a sum determined to represent

the defendant's interest in any property to which the lien

may attach.

(Added by L.1995, chap. 997(1); renumbered from 42.21 by

L.1997, chap. 165(31.01(12)), eff. 9/1/97; chgd. by L.1997,