Tex. Code of Crim. Proc. Article 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 (Withholding from Earnings for Child Support), 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 (Criminal Nonsupport), 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 Acts 1989, 71st Leg., ch. 785, Sec. 4.07, eff. Sept. 1, 1989. Subsecs. (a), (b), (d) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.06, eff. Oct. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993. Subsec. (c) amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.03, eff. Sept. 1, 1997.

Source: Article 42.033 — Sentence to Serve Time During Off-work Hours, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42.­htm#42.­033 (accessed Apr. 20, 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:
Apr. 20, 2024

Art. 42.033’s source at texas​.gov