Texas Code of Criminal Procedure

Art. Art. 42A.303
Substance Abuse Felony Program


(a)

If a court places a defendant on community supervision under any provision of this chapter 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 felony punishment facility operated by the Texas Department of Criminal Justice under Section 493.009 (Substance Abuse Felony Punishment Facilities), Government Code.

(b)

A term of confinement and treatment imposed under this article must be an indeterminate term of not more than one year or less than 90 days.

(c)

The judge may impose the condition of community supervision described by this article if:

(1)

the defendant is charged with or convicted of a felony other than:

(A)

a felony under Section 21.11 (Indecency With a Child), 22.011 (Sexual Assault), or 22.021 (Aggravated Sexual Assault), Penal Code; or

(B)

criminal attempt of a felony under Section 21.11 (Indecency With a Child), 22.011 (Sexual Assault), or 22.021 (Aggravated Sexual Assault), Penal Code; and

(2)

the judge makes an affirmative finding that:

(A)

drug or alcohol abuse significantly contributed to the commission of the offense or violation of a condition of community supervision, as applicable; 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 (Substance Abuse Felony Punishment Facilities)(b), Government Code.

(d)

If a judge requires as a condition of community supervision that the defendant serve a term of confinement and treatment in a substance abuse felony punishment facility under this article, the judge shall also require as a condition of community supervision that on release from the facility the defendant:

(1)

participate in a drug or alcohol abuse continuum of care treatment plan; and

(2)

pay a fee in an amount established by the judge for residential aftercare required as part of the treatment plan.

(e)

The Department of State Health Services shall develop the continuum of care treatment plan described by Subsection (d)(1).

(f)

The clerk of a court that collects a fee imposed under Subsection (d)(2) shall deposit the fee to be sent to the comptroller as provided by Subchapter B (Collection and Remittance of Fees), Chapter 133 (Criminal and Civil Fees Payable to the Comptroller), Local Government Code, and the comptroller shall deposit the fee into the general revenue fund. If the clerk does not collect a fee imposed under Subsection (d)(2), the clerk is not required to file any report required by the comptroller that relates to the collection of the fee. In establishing the amount of a fee under Subsection (d)(2), the judge shall consider fines, fees, and other necessary expenses for which the defendant is obligated. The judge may not:

(1)

establish the fee in an amount that is greater than 25 percent of the defendant’s gross income while the defendant is a participant in residential aftercare; or

(2)

require the defendant to pay the fee at any time other than a time at which the defendant is both employed and a participant in residential aftercare.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
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Last accessed
Jun. 7, 2021