Tex.
Code of Crim. Proc. Article 42A.257
Evaluation for Purposes of Alcohol or Drug Rehabilitation
(a)
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 Department of State Health Services, 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 the results of that evaluation to the judge, if:(1)
the judge determines that alcohol or drug abuse may have contributed to the commission of the offense; or(2)
the case involves a second or subsequent offense under:(A)
Section 49.04 (Driving While Intoxicated), Penal Code, if the offense was committed within five years of the date on which the most recent preceding offense was committed; or(B)
Section 49.07 (Intoxication Assault) or 49.08 (Intoxication Manslaughter), Penal Code, if the offense involved the operation of a motor vehicle and was committed within five years of the date on which the most recent preceding offense was committed.(b)
The evaluation must 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 Article 42A.402 (Drug or Alcohol Dependence Evaluation and Rehabilitation).
Source:
Article 42A.257 — Evaluation for Purposes of Alcohol or Drug Rehabilitation, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.257 (accessed Jun. 5, 2024).
