Tex. Code of Crim. Proc. Article 42A.402
Drug or Alcohol Dependence Evaluation and Rehabilitation


(a)

A judge granting community supervision to a defendant convicted of an offense under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code, shall require as a condition of community supervision that the defendant submit to an evaluation by a supervision officer or by a person, program, or facility approved by the Department of State Health Services for the purpose of having the facility prescribe and carry out a course of conduct necessary for the rehabilitation of the defendant’s drug or alcohol dependence condition.

(b)

If the director of a facility to which a defendant is referred under Subsection (a) determines that the defendant is not making a good faith effort to participate in a program of rehabilitation, the director shall notify the judge who referred the defendant to the facility of that determination.

(c)

If a judge requires as a condition of community supervision that the defendant participate in a prescribed course of conduct necessary for the rehabilitation of the defendant’s drug or alcohol dependence condition, the judge shall require that the defendant pay for all or part of the cost of the rehabilitation based on the defendant’s ability to pay. The judge, in the judge’s discretion, may credit against the fine assessed the cost paid by the defendant. In determining a defendant’s ability to pay the cost of rehabilitation under this subsection, the judge shall consider whether the defendant has insurance coverage that will pay for rehabilitation.

(d)

A judge who grants community supervision to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, shall require, if the defendant has not submitted to an evaluation under Article 42A.257 (Evaluation for Purposes of Alcohol or Drug Rehabilitation) before receiving community supervision, that the defendant submit to the evaluation as a condition of community supervision. If the evaluation indicates to the judge that the defendant needs treatment for drug or alcohol dependency, the judge shall require the defendant to submit to that treatment as a condition of community supervision in a program or facility that:

(1)

is approved or licensed by the Department of State Health Services; or

(2)

complies with standards established by the community justice assistance division of the Texas Department of Criminal Justice, after consultation by the division with the Department of State Health Services.

(e)

If, based on the evaluation conducted under Subsection (d), the judge determines that the defendant would likely benefit from medication-assisted treatment approved by the United States Food and Drug Administration for alcohol dependence, the judge may require as a condition of community supervision that the defendant submit to an evaluation by a licensed physician to determine whether the defendant would benefit from medication-assisted treatment. Only a licensed physician may recommend that a defendant participate in medication-assisted treatment. A defendant is entitled to refuse to participate in medication-assisted treatment, and a judge may not require as a condition of community supervision that the defendant participate in medication-assisted treatment.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 979 (S.B. 1147), Sec. 1, eff. September 1, 2019.
Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION OFFENSES; WAIVER OR EXTENSION OF TIME.

(a)

A judge who places on community supervision a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, shall require as a condition of community supervision that the defendant successfully complete, before the 181st day after the date community supervision is granted, an educational program designed to rehabilitate persons who have driven while intoxicated that is regulated by the Texas Department of Licensing and Regulation under Chapter 171 (Educational Programs Regulated by Texas Department of Licensing and Regulation), Government Code.

(b)

This article does not apply to a defendant if a jury recommends community supervision for the defendant and also recommends that the defendant’s driver’s license not be suspended.

(c)

If the defendant by a motion in writing shows good cause, the judge may:

(1)

waive the educational program requirement; or

(2)

to enable the defendant to successfully complete the program, grant an extension of time that expires not later than the first anniversary of the beginning date of the defendant’s community supervision.

(d)

In determining good cause, the judge may consider but is not limited to:

(1)

the defendant’s school and work schedule;

(2)

the defendant’s health;

(3)

the distance that the defendant must travel to attend an in-person educational program;

(4)

the fact that the defendant resides out of state, does not have a valid driver’s license, or does not have access to transportation; and

(5)

whether the defendant has access to reliable Internet service sufficient to successfully complete an educational program offered online.

(d-1)

The judge shall waive the educational program requirement if the defendant successfully completes education at a residential treatment facility under Article 42A.4045 (Alternative to Educational Program: Substance Abuse Treatment Facility).

(e)

The judge shall set out in the judgment, as applicable:

(1)

the finding of good cause for waiver; or

(2)

the finding that the defendant has successfully completed education as provided by Article 42A.4045 (Alternative to Educational Program: Substance Abuse Treatment Facility).
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(a), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(b), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 5, eff. September 1, 2021.

Source: Article 42A.402 — Drug or Alcohol Dependence Evaluation and Rehabilitation, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42A.­htm#42A.­402 (accessed Feb. 22, 2024).

42A.001
Definitions
42A.002
Reference in Law
42A.051
Authority to Grant Community Supervision, Impose or Modify Conditions, or Discharge Defendant
42A.052
Modification of Conditions by Supervision Officer or Magistrate
42A.054
Limitation on Judge-ordered Community Supervision
42A.055
Jury-recommended Community Supervision
42A.056
Limitation on Jury-recommended Community Supervision
42A.057
Minimum Period of Community Supervision for Certain Burglaries of Vehicles
42A.058
Information Provided to Defendant Placed on Community Supervision
42A.059
Placement on Community Supervision Prohibited for Certain Offenses Involving Illegal Entry into This State
42A.102
Eligibility for Deferred Adjudication Community Supervision
42A.105
Affirmative Findings
42A.107
Request for Final Adjudication
42A.109
Due Diligence Defense
42A.110
Proceedings After Adjudication
42A.151
Transfer of Jurisdiction
42A.152
Issuance of Warrant by Court Having Geographical Jurisdiction
42A.153
Change of Residence Within the State
42A.154
Leaving the State
42A.201
Continuing Jurisdiction in Misdemeanor Cases
42A.202
Continuing Jurisdiction in Felony Cases
42A.203
Authority to Suspend Execution of Sentence in Felony Cases
42A.204
Partial Execution of Sentence: Firearm Used or Exhibited
42A.251
Definitions
42A.252
Presentence Report Required
42A.253
Contents of Presentence Report
42A.254
Inspection by Judge
42A.255
Inspection and Comment by Defendant
42A.256
Release of Information to Supervision Officer
42A.257
Evaluation for Purposes of Alcohol or Drug Rehabilitation
42A.258
Evaluation for Purposes of Sex Offender Treatment, Specialized Supervision, or Rehabilitation
42A.259
Postsentence Report
42A.301
Basic Discretionary Conditions
42A.302
Confinement
42A.303
Substance Abuse Felony Program
42A.304
Community Service
42A.305
Community Outreach
42A.306
Supervision of Defendant from out of State
42A.307
Orchiectomy Prohibited
42A.351
Educational Skill Level
42A.352
Dna Sample
42A.381
Veterans Reemployment Program
42A.382
Eligibility
42A.383
Education and Training Courses
42A.384
Completion of Program
42A.385
Extended Period Allowed for Completion of Program
42A.386
Failure to Complete Program
42A.401
Confinement as Condition of Community Supervision for Certain Intoxication Offenses
42A.402
Drug or Alcohol Dependence Evaluation and Rehabilitation
42A.404
Educational Program for Certain Repeat Intoxication Offenses
42A.406
Effect of Educational Program Requirements on Driving Record and License
42A.407
Suspension of Driver’s License
42A.408
Use of Ignition Interlock Device
42A.409
Community Supervision for Enhanced Public Intoxication Offense
42A.451
Sex Offender Registration
42A.452
Treatment, Specialized Supervision, or Rehabilitation
42A.453
Child Safety Zone
42A.454
Certain Internet Activity Prohibited
42A.455
Payment to Children’s Advocacy Center
42A.501
Community Supervision for Offense Committed Because of Bias or Prejudice
42A.502
Community Supervision for Certain Violent Offenses
42A.503
Community Supervision for Certain Child Abuse Offenses
42A.504
Community Supervision for Certain Offenses Involving Family Violence
42A.505
Community Supervision for Stalking Offense
42A.506
Community Supervision for Defendant with Mental Impairment
42A.507
Community Supervision for Certain Defendants Identified as Members of Criminal Street Gangs
42A.508
Community Supervision for Certain Organized Crime Offenses
42A.509
Community Supervision for Graffiti Offense
42A.510
Community Supervision for Enhanced Disorderly Conduct Offense
42A.512
Community Supervision for Electronic Transmission of Certain Visual Material
42A.513
Community Supervision for Making Firearm Accessible to Child
42A.514
Community Supervision for Certain Alcohol or Drug Related Offenses
42A.515
Community Supervision for Certain Prostitution Offenses
42A.516
Community Supervision for Leaving Scene of Motor Vehicle Collision Resulting in Death of Person
42A.517
Community Supervision for Certain Offenses Involving Obstruction of Highway or Other Passageway
42A.551
Placement on Community Supervision
42A.552
Review of Presentence Report
42A.553
Minimum and Maximum Periods of Community Supervision
42A.554
Conditions of Community Supervision
42A.555
Confinement as a Condition of Community Supervision
42A.556
Sanctions Imposed on Modification of Community Supervision
42A.557
Report by Director of Facility
42A.558
Revocation
42A.559
Credits for Time Served
42A.560
Medical Release
42A.561
Medical Release
42A.601
Definition
42A.602
Maximum Term or Terms of Confinement
42A.603
Effect of Revocation on Credit for Time Spent in Facility
42A.604
Evaluation of Defendant’s Behavior and Attitude
42A.605
Placement in Community Service Project
42A.606
Confinement Required
42A.607
Disposition of Salary
42A.652
Monthly Reimbursement Fee
42A.653
Additional Monthly Fine for Certain Sex Offenders
42A.654
Fees Due on Conviction
42A.655
Ability to Pay
42A.701
Reduction or Termination of Community Supervision Period
42A.751
Violation of Conditions of Community Supervision
42A.752
Continuation or Modification of Community Supervision After Violation
42A.753
Extension of Community Supervision After Violation
42A.754
Authority to Revoke Community Supervision
42A.755
Revocation of Community Supervision
42A.756
Due Diligence Defense
42A.4045
Alternative to Educational Program: Substance Abuse Treatment Facility

Accessed:
Feb. 22, 2024

Art. 42A.402’s source at texas​.gov