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.(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).
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 Apr. 13, 2024).
