Tex.
Code of Crim. Proc. Article 45.048
Discharged from Jail
(a)
A defendant placed in jail on account of failure to pay the fine and costs shall be discharged on habeas corpus by showing that the defendant:(1)
is too poor to pay the fine and costs; or(2)
has remained in jail a sufficient length of time to satisfy the fine and costs, at the rate of not less than $150 for each period served, as specified by the convicting court in the judgment in the case.(b)
A convicting court may specify a period that is not less than eight hours or more than 24 hours as the period for which a defendant who fails to pay the fine and costs in the case must remain in jail to satisfy $150 of the fine and costs.(a)
A justice or judge may require a defendant who fails to pay a previously assessed fine or costs, or who is determined by the court to have insufficient resources or income to pay a fine or costs, to discharge all or part of the fine or costs by performing community service. A defendant may discharge an obligation to perform community service under this article by paying at any time the fine and costs assessed.(b)
In the justice’s or judge’s order requiring a defendant to perform community service under this article, the justice or judge must specify:(1)
the number of hours of community service the defendant is required to perform; and(2)
the date by which the defendant must submit to the court documentation verifying the defendant’s completion of the community service.(c)
The justice or judge may order the defendant to perform community service under this article:(1)
by attending:(A)
a work and job skills training program;(B)
a preparatory class for the high school equivalency examination administered under Section 7.111 (High School Equivalency Examinations), Education Code;(C)
an alcohol or drug abuse program;(D)
a rehabilitation program;(E)
a counseling program, including a self-improvement program;(F)
a mentoring program; or(G)
any similar activity; or(2)
for:(A)
a governmental entity;(B)
a nonprofit organization or another organization that provides services to the general public that enhance social welfare and the general well-being of the community, as determined by the justice or judge; or(C)
an educational institution.(c-1)
An entity that accepts a defendant under this article to perform community service must agree to supervise, either on-site or remotely, the defendant in the performance of the defendant’s community service and report on the defendant’s community service to the justice or judge who ordered the service.(d)
A justice or judge may not order a defendant to perform more than 16 hours per week of community service under this article unless the justice or judge determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s dependents.(e)
A defendant is considered to have discharged not less than $100 of fines or costs for each eight hours of community service performed under this article.(f)
A sheriff, employee of a sheriff’s department, county commissioner, county employee, county judge, justice of the peace, municipal court judge, or officer or employee of a political subdivision other than a county or an entity that accepts a defendant under this article or Subchapter E to perform community service is not liable for damages arising from an act or failure to act in connection with community service performed by a defendant under this article or Subchapter E if the act or failure to act:(1)
was performed pursuant to court order; and(2)
was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.(g)
This subsection applies only to a defendant who is charged with a traffic offense or an offense under Section 106.05 (Possession of Alcohol by a Minor), Alcoholic Beverage Code, and is a resident of this state. If under Article 45.051(b)(10), Code of Criminal Procedure, the judge requires the defendant to perform community service as a condition of the deferral, the defendant is entitled to elect whether to perform the required service in:(1)
the county in which the court is located; or(2)
the county in which the defendant resides, but only if the applicable entity agrees to:(A)
supervise, either on-site or remotely, the defendant in the performance of the defendant’s community service; and(B)
report to the court on the defendant’s community service.(h)
This subsection applies only to a defendant charged with an offense under Section 106.05 (Possession of Alcohol by a Minor), Alcoholic Beverage Code, who, under Subsection (g), elects to perform the required community service in the county in which the defendant resides. The community service must comply with Sections 106.071 (Punishment for Alcohol-related Offense by Minor)(d) and (e), Alcoholic Beverage Code, except that if the educational programs or services described by Section 106.071(e) are not available in the county of the defendant’s residence, the court may order community service that it considers appropriate for rehabilitative purposes.(i)
A community supervision and corrections department, a local juvenile probation department, or a court-related services office may provide the administrative and other services necessary for supervision of a defendant required to perform community service under this article.(a)
A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of all or part of a fine imposed on a defendant if the court determines that:(1)
the defendant is indigent or does not have sufficient resources or income to pay all or part of the fine or was, at the time the offense was committed, a child as defined by Article 45.058 (Children Taken into Custody)(h); and(2)
discharging the fine under Article 45.049 or as otherwise authorized by this chapter would impose an undue hardship on the defendant.(b)
A defendant is presumed to be indigent or to not have sufficient resources or income to pay all or part of the fine or costs for purposes of Subsection (a) or (d) if the defendant:(1)
is in the conservatorship of the Department of Family and Protective Services, or was in the conservatorship of that department at the time of the offense; or(2)
is designated as a homeless child or youth or an unaccompanied youth, as those terms are defined by 42 U.S.C. Section 11434a, or was so designated at the time of the offense.(c)
A determination of undue hardship made under Subsection (a)(2) is in the court’s discretion. In making that determination, the court may consider, as applicable, the defendant’s:(1)
significant physical or mental impairment or disability;(2)
pregnancy and childbirth;(3)
substantial family commitments or responsibilities, including child or dependent care;(4)
work responsibilities and hours;(5)
transportation limitations;(6)
homelessness or housing insecurity; and(7)
any other factors the court determines relevant.(d)
A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of all or part of the costs imposed on a defendant if the court determines that the defendant:(1)
is indigent or does not have sufficient resources or income to pay all or part of the costs; or(2)
was, at the time the offense was committed, a child as defined by Article 45.058 (Children Taken into Custody)(h).
Source:
Article 45.048 — Discharged from Jail, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.048 (accessed Apr. 13, 2024).
