Texas Code of Criminal Procedure

Art. Art. 42A.4045
Alternative to Educational Program: Substance Abuse Treatment Facility


(a)

A judge shall waive the educational requirement under Article 42A.403 (Educational Program for Certain Intoxication Offenders; Waiver or Extension of Time) or 42A.404 (Educational Program for Certain Repeat Intoxication Offenders; 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 equivalent education while the defendant is confined to the residential treatment facility.

(b)

The Department of State Health Services shall approve equivalent 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.
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Last accessed
Jun. 7, 2021