Texas Code of Criminal Procedure

Art. Art. 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.
Source

Last accessed
Jun. 7, 2021