Texas Code of Criminal Procedure

Art. Art. 17.44
Home Confinement, Electronic Monitoring, and Drug Testing As Condition


(a)

A magistrate may require as a condition of release on bond that the defendant submit to:

(1)

home confinement and electronic monitoring under the supervision of an agency designated by the magistrate; or

(2)

testing on a weekly basis for the presence of a controlled substance in the defendant’s body.

(b)

In this article, “controlled substance” has the meaning assigned by Section 481.002 (Definitions), Health and Safety Code.

(c)

The magistrate may revoke the bond and order the defendant arrested if the defendant:

(1)

violates a condition of home confinement and electronic monitoring;

(2)

refuses to submit to a test for controlled substances or submits to a test for controlled substances and the test indicates the presence of a controlled substance in the defendant’s body; or

(3)

fails to pay the reimbursement fee for monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered.

(d)

The community justice assistance division of the Texas Department of Criminal Justice may provide grants to counties to implement electronic monitoring programs authorized by this article.

(e)

The cost of electronic monitoring or testing for controlled substances under this article may be assessed as a reimbursement fee or ordered paid directly by the defendant as a condition of bond.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.03, eff. Sept. 1, 1989. Renumbered from art. 17.42 by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(3), eff. Aug. 26, 1991. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(46), eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 163 (S.B. 1506), Sec. 1, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.04, eff. January 1, 2020.
Source

Last accessed
Jun. 7, 2021