Tex. Code of Crim. Proc. Article 42.025
Sentencing Hearing at Secondary School

(a)

A judge may order the sentencing hearing of a defendant convicted of an offense involving possession, manufacture, or delivery of a controlled substance under Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, to be held at a secondary school if:

(1)

the judge determines that the sentencing hearing would have educational value to students due to the nature of the offense and its consequences;

(2)

the defendant agrees;

(3)

the school administration agrees; and

(4)

appropriate measures are taken to ensure:

(A)

the safety of the students; and

(B)

a fair hearing for the defendant that complies with all applicable laws and rules.

(b)

A judge may, at a secondary school, receive a plea of guilty or nolo contendere from a defendant charged with an offense described by Subsection (a) and place the defendant on deferred adjudication under Subchapter C, Chapter 42A (Community Supervision), if:

(1)

the judge makes the determination that the proceeding would have educational value, as provided by Subsection (a)(1);

(2)

the defendant and the school agree to the location of the proceeding, as provided by Subsections (a)(2) and (3); and

(3)

appropriate measures are taken in regard to the safety of students and the rights of the defendant, as described by Subsection (a)(4).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1280 (H.B. 1113), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.11, eff. January 1, 2017.
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 (In Absence of Defendant), 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 56A.001 (Definitions), 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.

(c)

The court may not impose a limit on the number of victims, close relatives, or guardians who may appear and present statements under Subsection (b) unless the court finds that additional statements would unreasonably delay the proceeding.
Sec. 2. (a) In all criminal cases the judge of the court in which the defendant is convicted shall give the defendant credit on the defendant’s sentence for the time that the defendant has spent:

(1)

in jail for the case, including confinement served as described by Article 46B.009 (Time Credits) and excluding confinement served as a condition of community supervision, from the time of his arrest and confinement until his sentence by the trial court;

(2)

in a substance abuse treatment facility operated by the Texas Department of Criminal Justice under Section 493.009 (Substance Abuse Felony Punishment Facilities), Government Code, or another court-ordered residential program or facility as a condition of deferred adjudication community supervision granted in the case if the defendant successfully completes the treatment program at that facility; or

(3)

confined in a mental health facility or residential care facility as described by Article 46B.009 (Time Credits).

(b)

In all revocations of a suspension of the imposition of a sentence the judge shall enter the restitution 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 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 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. Except as otherwise provided by Article 42A.106(b), the court after pronouncing the sentence shall inform the defendant of the defendant’s right to petition the court for an order of nondisclosure of criminal history record information under Subchapter E-1 (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code, unless the defendant is ineligible to pursue that right because of the requirements that apply to obtaining the order in the defendant’s circumstances, such as:

(1)

the nature of the offense for which the defendant is convicted; or

(2)

the defendant’s criminal history.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1743, ch. 659, Sec. 28, eff. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 205, ch. 91, Sec. 1, eff. Aug. 27, 1973; Acts 1977, 65th Leg., p. 1036, ch. 382, Sec. 1, eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 2076, ch. 827, Sec. 1, eff. Aug. 29, 1977.
Sec. 1 amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 113, eff. Sept. 1, 1981; Sec. 2 amended by Acts 1981, 67th Leg., p. 353, ch. 141, Sec. 1, eff. Sept. 1, 1981; Sec. 5 amended by Acts 1981, 67th Leg., p. 2418, ch. 616, Sec. 1, eff. Aug. 31, 1981; Sec. 5(a) amended by Acts 1983, 68th Leg., p. 4666, ch. 809, Sec. 1, eff. Aug. 29, 1983; Sec. 6 added by Acts 1983, 68th Leg., p. 3792, ch. 586, Sec. 4, eff. Aug. 29, 1983; Sec. 5(b), (d) amended by Acts 1985, 69th Leg., ch. 232, Sec. 13, eff. Sept. 1, 1985; Sec. 4 amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.06, eff. June 15, 1989; Sec. 7 added by Acts 1989, 71st Leg., ch. 848, Sec. 1, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 1040, Sec. 1, eff. Aug. 28, 1989; Sec. 8 added by Acts 1989, 71st Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1989; Sec. 1 amended by Acts 1991, 72nd Leg., ch. 278, Sec. 1, eff. June 5, 1991; Sec. 2(a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.01, eff. Oct. 1, 1991; Sec. 7(a), (b), (d) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.02, eff. Oct. 1, 1991; Sec. 7A amended by Acts 1991, 72nd Leg., ch. 16, Sec. 4.05, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.03, eff. Oct. 1, 1991; Sec. 8(a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.04, eff. Oct. 1, 1991; Sec. 8(f) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 8.02, eff. Dec. 1, 1991; Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 15.03, eff. Oct. 1, 1991; Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993; Sec. 1(b) amended by Acts 1995, 74th Leg., ch. 556, Sec. 1, eff. Sept. 1, 1995; Sec. 8(g) repealed by Acts 2003, 78th Leg., ch. 406, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1205 (H.B. 1678), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.018, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 718 (H.B. 748), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.12, eff. January 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 15, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.002, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 437 (S.B. 1268), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.13, eff. January 1, 2021.
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 (County Jail Work Release Program) and each defendant confined in the county jail awaiting transfer to 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 department, 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.
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 Texas Department of Criminal Justice are classified under Chapter 498 (Inmate Classification and Good Time), 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 had 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 Acts 1989, 71st Leg., ch. 2, Sec. 5.03(a), eff. Aug. 28, 1989. Sec. 1 amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.10, eff. Oct. 1, 1991; Sec. 3 amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.11, eff. Oct. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.019, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.020, eff. September 1, 2009.
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:

(1)

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;

(2)

on receipt by the sheriff of a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a lawsuit brought by a defendant while the defendant was in the custody of the sheriff; or

(3)

if the defendant, in violation of an order entered under Article 42.24 (Prohibiting Contact with Victim), contacts the victim of the offense for which the defendant is serving a sentence or a member of the victim’s family.
Sec. 6. Repealed by Acts 2009, 81st Leg., R.S., Ch. 854, Sec. 7, eff. June 19, 2009.
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 Acts 1989, 71st Leg., ch. 2, Sec. 5.04(a), eff. Aug. 28, 1989. Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.05, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993; Sec. 5 amended by Acts 1999, 76th Leg., ch. 655, Sec. 2(a), eff. June 18, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 854 (S.B. 2340), Sec. 7, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 491 (H.B. 1028), Sec. 2, eff. September 1, 2011.

Source: Article 42.025 — Sentencing Hearing at Secondary School, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42.­htm#42.­025 (accessed Jun. 5, 2024).

42.02
Sentence 42.04
Sentence When Appeal Is Taken 42.05
If Court Is About to Adjourn 42.07
Reasons to Prevent Sentence 42.08
Cumulative or Concurrent Sentence 42.10
Satisfaction of Judgment as in Misdemeanor Convictions 42.011
Judgment Affecting an Officer or Jailer 42.012
Finding that Controlled Substance Used to Commit Offense 42.013
Finding of Family Violence 42.014
Finding that Offense Was Committed Because of Bias or Prejudice 42.14
In Absence of Defendant 42.015
Finding of Age of Victim 42.15
Fines and Costs 42.016
Special Driver’s License or Identification Requirements for Certain Sex Offenders 42.16
On Other Judgment 42.017
Finding Regarding Age-based Offense 42.17
Transfer Under Treaty 42.018
Notice Provided by Clerk of Court 42.019
Motor Fuel Theft 42.20
Immunities 42.21
Notice of Release of Family Violence Offenders 42.22
Restitution Liens 42.023
Judge May Consider Alternative Sentencing 42.23
Notification of Court of Family Violence Conviction 42.24
Prohibiting Contact with Victim 42.025
Sentencing Hearing at Secondary School 42.25
Filing of Reporter Notes 42.033
Sentence to Serve Time During Off-work Hours 42.034
County Jail Work Release Program 42.035
Electronic Monitoring 42.036
Community Service 42.037
Restitution 42.038
Reimbursement for Confinement Expenses 42.039
Completion of Sentence in Federal Custody 42.111
Deferral of Proceedings in Cases Appealed to County Court 42.122
[Adult Probation Officers of the 222nd Judicial District 42.0131
Required Notice for Persons Convicted of Misdemeanors Involving Family Violence 42.141
Battering Intervention and Prevention Program 42.151
Fees for Abused Children’s Counseling 42.152
Repayment of Reward 42.0175
Finding Regarding Certain Health Care Professionals 42.0181
Notice of Theft, Fraud, Money Laundering, or Insurance Fraud Provided by Clerk of Court 42.0182
Findings Regarding Tax Fraud 42.0183
Notice of Family Violence Offenses Provided by Clerk of Court 42.0191
Finding Regarding Victims of Trafficking or Other Abuse 42.0192
Finding Regarding Offense Related to Performance of Public Service 42.0193
Finding Regarding Offense Related to Conduct of Certain Corrections Employees 42.0194
Finding Regarding Felony Conviction 42.0196
Finding Regarding Offense Related to Performance of Public Service 42.0197
Finding Regarding Gang-related Conduct 42.0198
Finding Regarding Delay in Arrest of Defendant 42.0199
Finding Regarding Diligent Participation Credit 42.0371
Mandatory Restitution for Kidnapped or Abducted Children 42.0372
Mandatory Restitution for Child Victims of Trafficking of Persons or Compelling Prostitution 42.0373
Mandatory Restitution for Child Witness of Family Violence 42.0375
Mandatory Restitution for Child of Victim of Intoxication Manslaughter 42.01991
Finding Regarding Agreement on Parole Eligibility for Certain Defendants
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Accessed:
Jun. 5, 2024

Art. 42.025’s source at texas​.gov