Tex. Code of Crim. Proc. Article 42A.4045
Alternative to Educational Program: Substance Abuse Treatment Facility

(a)

A judge shall waive the educational requirement under Article 42A.403 or 42A.404 (Educational Program for Certain Repeat Intoxication Offenses; Waiver) for a defendant who is required to receive treatment as a resident of a substance abuse treatment facility as a condition of community supervision if the defendant successfully completes education while the defendant is confined to the residential treatment facility.

(b)

The Department of State Health Services shall approve education provided at substance abuse treatment facilities.

(c)

The executive commissioner of the Health and Human Services Commission shall adopt rules to implement this article.

(d)

For purposes of this article, a substance abuse treatment facility includes:

(1)

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;

(2)

a community corrections facility, as defined by Section 509.001 (Definitions), Government Code; or

(3)

a chemical dependency treatment facility licensed under Chapter 464 (Facilities Treating Persons with a Chemical Dependency), Health and Safety Code.

Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(e), eff. September 1, 2017.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 6, eff. September 1, 2021.

Source: Article 42A.4045 — Alternative to Educational Program: Substance Abuse Treatment Facility, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.4045 (accessed Jun. 5, 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:
Jun. 5, 2024

Art. 42A.4045’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._code_of_crim._proc._article_42a.4045

Original Source: Article 42A.4045 — Alternative to Educational Program: Substance Abuse Treatment Facility, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.4045 (last accessed Jun. 5, 2024).