CHAPTER 76. COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENTS

State Codes and Statutes

Statutes > Texas > Government-code > Title-2-judicial-branch > Chapter-76-community-supervision-and-corrections-departments

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE F. COURT ADMINISTRATION

CHAPTER 76. COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENTS

Sec. 76.001. DEFINITIONS. In this chapter:

(1) "Board" means the Texas Board of Criminal Justice.

(2) "Community supervision" has the meaning assigned by Section

2, Article 42.12, Code of Criminal Procedure.

(3) "Council" means a community justice council.

(4) "Department" means a community supervision and corrections

department established under this chapter.

(5) "Division" means the community justice assistance division

of the Texas Department of Criminal Justice.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995.

Sec. 76.002. ESTABLISHMENT OF DEPARTMENTS. (a) The district

judge or district judges trying criminal cases in each judicial

district and the statutory county court judges trying criminal

cases in the county or counties served by the judicial district

shall:

(1) establish a community supervision and corrections

department; and

(2) approve the department's budget and community justice plan.

(b) Repealed by Acts 2005, 79th Leg., Ch. 255, Sec. 12, eff. May

30, 2005.

all courts and counties in a judicial district if:

(1) two or more judicial districts serve a county; or

(2) a district includes more than one county.

(d) The board may adopt rules to allow more than one department

to serve a judicial district that includes more than one county

if providing more than one department will promote administrative

convenience or economy or improve services.

(e) The board may adopt rules allowing departments to contract

with one another for services or facilities.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

255, Sec. 1, eff. May 30, 2005.

Acts 2005, 79th Leg., Ch.

255, Sec. 12, eff. May 30, 2005.

Sec. 76.003. COMMUNITY JUSTICE COUNCIL. (a) A community

justice council must be established by the judges described by

Section 76.002 who are served by a department, unless a board or

council that was in existence on September 1, 1991, is performing

duties substantially similar to those imposed on a community

justice council under this section. The council shall provide

continuing policy guidance and direction for the development of

community justice plans and community corrections facilities,

programs, and conditions of community supervision.

(b) A council should consist of the following persons or their

designees:

(1) a sheriff of a county served by the department, chosen by

the sheriffs of the counties to be served by the department;

(2) a county commissioner or a county judge from a county served

by the department, chosen by the county commissioners and county

judges of the counties served by the department;

(3) a city council member of the most populous municipality in a

county served by the department, chosen by the members of the

city councils of cities served by the department;

(4) not more than two state legislators elected from a county

served by the department, or in a county with a population of one

million or more to be served by the department, not more than one

state senator and one state representative elected from the

county, chosen by the state legislators elected from the county

or counties served by the department;

(5) the presiding judge from a judicial district served by the

department, chosen by the district judges from the judicial

districts served by the department;

(6) a judge of a statutory county court exercising criminal

jurisdiction in a county served by the department, chosen by the

judges of statutory county courts with criminal jurisdiction in

the counties served by the department;

(7) a county attorney with criminal jurisdiction from a county

served by the department, chosen by the county attorneys with

criminal jurisdiction from the counties served by the department;

(8) a district attorney or criminal district attorney from a

judicial district served by the department, chosen by the

district attorneys or criminal district attorneys from the

judicial districts served by the department; and

(9) an elected member of the board of trustees of an independent

school district in a county served by the department, chosen by

the members of the boards of trustees of independent school

districts located in counties served by the department.

justice task force to provide support staff for the development

of a community justice plan. The task force may consist of any

number of members, but should include:

(1) the county or regional director of the Texas Department of

Human Services with responsibility for the area served by the

department;

(2) the chief of police of the most populous municipality served

by the department;

(3) the chief juvenile probation officer of the juvenile

probation office serving the most populous area served by the

department;

(4) the superintendent of the most populous school district

served by the department;

(5) the supervisor of the Department of Public Safety region

closest to the department, or the supervisor's designee;

(6) the county or regional director of the Texas Department of

Mental Health and Mental Retardation with responsibility for the

area served by the department;

(7) a substance abuse treatment professional appointed by the

Council of Governments serving the area served by the department;

(8) the department director;

(9) the local or regional representative of the parole division

of the Texas Department of Criminal Justice with responsibility

for the area served by the department;

(10) the representative of the Texas Workforce Commission with

responsibility for the area served by the department;

(11) the representative of the Department of Assistive and

Rehabilitative Services with responsibility for the area served

by the department;

(12) a licensed attorney who practices in the area served by the

department and whose practice consists primarily of criminal law;

(13) a court administrator, if one serves the area served by the

department;

(14) a representative of a community service organization that

provides adult treatment, educational, or vocational services to

the area served by the department;

(15) a representative of an organization in the area served by

the department that is actively involved in issues relating to

defendants' rights, chosen by the county commissioners and county

judges of the counties served by the department; and

(16) an advocate for rights of victims of crime and awareness of

issues affecting victims.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 9.02(a),

9.03(a), eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

255, Sec. 2, eff. May 30, 2005.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.064, eff. September 1, 2009.

Sec. 76.004. DEPARTMENT DIRECTOR; FISCAL OFFICER. (a) After

complying with the requirements of Subsection (h), the judges

described by Section 76.002 shall appoint a department director

who must meet, at a minimum, the eligibility requirements for

officers established under Section 76.005.

(a-1) The department director shall perform or delegate the

responsibility for performing the following duties:

(1) overseeing the daily operations of the department;

(2) preparing annually or biennially a budget for the

department;

(3) negotiating and entering into contracts on behalf of the

department;

(4) establishing policies and procedures for all functions of

the department;

(5) developing personnel policies and procedures, including

disciplinary proceedings; and

(6) establishing procedures and practices through which the

department will address an employment-related grievance.

(b) The department director shall employ a sufficient number of

officers and other employees to conduct presentence

investigations, supervise and rehabilitate defendants placed on

community supervision, enforce the conditions of community

supervision, and staff community corrections facilities. A

person employed under this subsection is an employee of the

department and not of the judges or judicial districts.

department a fiscal officer, other than the county auditor. The

fiscal officer is responsible for:

(1) managing and protecting funds, fees, state aid, and receipts

to the same extent that a county auditor manages county funds and

funds of other local entities;

(2) ensuring that financial transactions of the department are

lawful and allowable; and

(3) prescribing accounting procedures for the department.

(d) The judges described by Section 76.002 may appoint a person

as fiscal officer only after investigating the person and

determining that the person is:

(1) a person of unquestionably good moral character and

intelligence; and

(2) a financial officer with at least two years' experience in

auditing and accounting.

(e) A fiscal officer appointed under this section, before

beginning employment and not later than the 20th day after the

date of appointment, shall:

(1) take an oath stating that the person meets the

qualifications required by this section and will not have a

personal interest in any contract entered into by the department;

and

(2) execute a good and sufficient surety bond that:

(A) is in the amount of $5,000 or more;

(B) is approved by and payable to the judges described by

Section 76.002; and

officer of the officer's duties.

(f) The judges described by Section 76.002 shall set the annual

compensation of a fiscal officer appointed under this section,

and the department shall pay all costs related to the functions

of the fiscal officer.

(g) Subsections (c)-(f) do not diminish the rights of the

following officers or entities to examine and audit accounts,

records, receipts, and expenditures of a department:

(1) the county auditor of a county served by the department;

(2) the comptroller;

(3) the state auditor; and

(4) the division.

(h) When there is a vacancy in the position of department

director, the judges described by Section 76.002 shall:

(1) publicly advertise the position;

(2) post a job description, the qualifications for the position,

and the application requirements;

(3) conduct a competitive hiring process and adhere to state and

federal equal employment opportunity laws; and

(4) review applicants who meet the posted qualifications and

comply with the application requirements.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995. Amended by Acts 2001, 77th Leg., ch. 207, Sec. 1, eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

255, Sec. 3, eff. May 30, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1308, Sec. 11, eff. June 15, 2007.

Sec. 76.0045. JUDICIAL RESPONSIBILITIES; IMMUNITY. (a) The

responsibility of a judge described by Section 76.002 for

personnel decisions is limited to the appointment of a department

director and a fiscal officer.

(b) The responsibility of a judge described by Section 76.002

for budgetary decisions is limited to:

(1) appointment of a fiscal officer; and

(2) approval of the department's budget.

a suit arising from:

(1) the performance of a duty described by Section 76.002(a); or

(2) the appointment of a department director or a fiscal officer

or an act or failure to act by a department employee or by a

department director or fiscal officer.

Added by Acts 2005, 79th Leg., Ch.

255, Sec. 4, eff. May 30, 2005.

Sec. 76.005. STANDARDS FOR OFFICERS. (a) An officer appointed

by the department director must comply with a code of ethics

developed by the division.

(b) To be eligible for appointment as an officer who supervises

defendants placed on community supervision a person must have

acquired a bachelor's degree conferred by an institution of

higher education accredited by an accrediting organization

recognized by the Texas Higher Education Coordinating Board.

appointment as an officer under this section.

(d) The division may establish a waiver procedure for

departments unable to hire persons meeting the requirements under

Subsection (b)(2).

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 108, Sec. 1, eff. May

15, 1997.

Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is

authorized to carry a weapon while engaged in the actual

discharge of the officer's duties only if:

(1) the officer possesses a certificate of firearms proficiency

issued by the Commission on Law Enforcement Officer Standards and

Education under Section 1701.257, Occupations Code; and

(2) the director of the department agrees to the authorization.

Added by Acts 1997, 75th Leg., ch. 1261, Sec. 29, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

255, Sec. 5, eff. May 30, 2005.

Sec. 76.006. EMPLOYEE STATUS AND BENEFITS. (a) Except as

provided by Subsection (c), department employees are not state

employees. The department shall contract for all employee

benefits with one county served by the department and designated

for that purpose by the judges described by Section 76.002. To

the extent that employee benefits are provided by a county under

this subsection, the employees are governed by personnel policies

and benefits equal to personnel policies for and benefits of

other employees of that county. This subsection does not apply

to employee benefits for group insurance and related coverages

provided to employees of a department through the group benefits

program for state employees under Chapter 1551, Insurance Code.

(b) The judicial districts served by a department shall pay the

salaries of department employees.

Chapter 104, Civil Practice and Remedies Code, and Chapter 501,

Labor Code. Notwithstanding Subsection (a), a department employee

is eligible to participate in the group benefits program

established under Chapter 1551, Insurance Code, as provided by

Section 1551.114, Insurance Code.

(d) The attorney general has the duty to defend a department for

suits for injunctive, declaratory, or monetary relief brought

against it for any action not covered by an indemnification

policy, except any action brought by the state or another

political subdivision. The attorney general shall not defend a

department or its employees in cases in which a person under

supervision challenges the fact or duration of the supervision.

(e) The department shall provide information requested by the

attorney general that the attorney general considers necessary

for the defense or prosecution of any case brought under this

section.

(f) The department shall provide transportation or automobile

allowances for officers who supervise defendants placed on

community supervision.

(g) A document evaluating the performance of an officer of the

department who supervises defendants placed on community

supervision is confidential.

(h) If under Subsection (a) the judges described by Section

76.002 change the designation of the county providing employee

benefits, the judges may not subsequently change that designation

before the 10th anniversary of the date on which the previous

designation was made.

(i) The department shall submit all information required by

Section 1551.321, Insurance Code, in the manner and form

prescribed by the Employees Retirement System of Texas.

(j) The attorney general shall defend a statutory county court

judge in an action in state or federal court if:

(1) the cause of action is the result of the judge performing a

duty described by Section 76.002, 76.003, or 76.004; and

(2) the judge requests the attorney general's assistance in the

defense.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 987, Sec. 1, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1240, Sec. 1, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(29), eff. Sept.

1, 1999; Acts 1999, 76th Leg., ch. 875, Sec. 1, eff. June 18,

1999; Acts 2003, 78th Leg., ch. 1030, Sec. 2.01, eff. Sept. 1,

2004.

Amended by:

Acts 2005, 79th Leg., Ch.

255, Sec. 6, eff. May 30, 2005.

Sec. 76.007. PUBLIC FUNDS, GRANTS, AND GIFTS. A department may

accept public funds and grants and gifts from any source for the

purpose of financing programs and facilities. A municipality,

county, or other political subdivision may make grants to a

department for those purposes.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995.

Sec. 76.008. FINANCIAL RESPONSIBILITIES OF COUNTIES. (a) The

county or counties served by a department shall provide physical

facilities, equipment, and utilities for a department. The

division shall monitor the support a county provides under this

section and determine whether a county provides support that

meets the standards for minimum support established by the

division. If the division determines that a county's support is

insufficient, the division may impose on the department a

sanction authorized by Section 509.012.

(b) If a department serves two or more counties, those counties

may enter into an agreement for the distribution of the expenses

of facilities, equipment, and utilities.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995.

Sec. 76.009. FINANCIAL RESPONSIBILITIES OF DISTRICTS. (a) The

department may expend district funds in order to provide expanded

facilities, equipment, and utilities if:

(1) the department needs to increase its personnel in order to

provide more effective services or to meet workload requirements

established under Chapter 509;

(2) the county or counties certify to the department director

that they have neither adequate space in county-owned buildings

nor adequate funds to lease additional physical facilities,

purchase additional equipment, or pay for additional utilities

required by the department; and

(3) the county or counties provide facilities, equipment, and

utilities at or above the levels required by the division.

(b) The division shall set as the level of contribution a county

or counties must meet or exceed to receive district funds under

Subsection (a) a level not lower than the average level provided

by the county or counties during the fiscal year in which the

funds are to be received and the four fiscal years immediately

preceding that year.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

255, Sec. 7, eff. May 30, 2005.

Sec. 76.010. STATE FUNDS OR GUARANTEES FOR CORRECTIONS

FACILITIES. (a) In this section:

(1) "Community corrections facility" has the meaning assigned by

Section 509.001.

(2) "State jail felony facility" means a facility operated or

contracted for by the Texas Department of Criminal Justice under

Subchapter A, Chapter 507, for the confinement of individuals

convicted of state jail felonies.

(b) A department, county, municipality, or a combination

involving more than one of those entities may establish a

community corrections facility and are specifically encouraged to

purchase or enter into a contract for the use of abandoned or

underutilized public facilities, such as former military bases

and rural hospitals, for the purpose of providing community

corrections facilities.

by the division to the department for the purposes of providing

facilities, equipment, and utilities for community corrections

facilities or state jail felony facilities if:

(1) the community justice council recommends the expenditures;

and

(2) the division, or the correctional institutions division of

the Texas Department of Criminal Justice in the case of a state

jail felony facility, provides funds for the purpose of assisting

in the establishment or improvement of the facilities.

(d) A department may acquire, hold title to, and own real

property for the purpose of establishing a community corrections

facility or a state jail felony facility.

(e) A department, county, municipality, or a combination

involving more than one of those entities may not use a facility

or real property purchased, acquired, or improved with state

funds unless the division, or the correctional institutions

division of the Texas Department of Criminal Justice in the case

of a state jail felony facility, first approves the use.

(f) The division or the correctional institutions division of

the Texas Department of Criminal Justice, in the case of a state

jail felony facility, is entitled to reimbursement from an entity

described by Subsection (e) of all state funds used by the entity

without the approval required by Subsection (e).

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

255, Sec. 8, eff. May 30, 2005.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.065, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.066, eff. September 1, 2009.

Sec. 76.011. PRETRIAL SERVICES. (a) The department may operate

programs for the supervision and rehabilitation of persons in

pretrial intervention programs. Programs may include testing for

controlled substances. A person in a pretrial intervention

program may be supervised for a period not to exceed two years.

(b) The department may use money deposited in the special fund

of the county treasury for the department under Article

103.004(b), Code of Criminal Procedure, only for the same

purposes for which state aid may be used under this chapter.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

91, Sec. 1, eff. September 1, 2005.

Sec. 76.012. REPORTING AND MANAGEMENT SERVICES. A department

may enter into a contract with a public or private vendor to

provide telephone reporting, automated caseload management, and

collection services for fines, fees, restitution, and other costs

ordered to be paid by a court or fees imposed by a department.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995.

Sec. 76.013. RESTITUTION. (a) If a judge requires a defendant

to make restitution to a victim of the defendant's offense, and a

payment is received by a department from the defendant for

transmittal to a victim of the offense, the department that

receives the payment for disbursement to the victim shall

immediately deposit the payment in an interest-bearing account in

the county treasury as required by Section 140.003(f), Local

Government Code.

(b) If an initial restitution payment is received by a

department, the department immediately shall notify the victim of

that fact by certified mail, mailed to the last known address of

the victim. If a victim then makes a claim for payment, the

department promptly shall remit the payment to the victim. A

department is obligated to make a good faith effort to locate and

notify a victim that an unclaimed payment exists. The department

satisfies the good faith requirement under this subsection by

sending to the victim by certified mail on any one occasion

during the period the defendant is required to make payments a

notice that the victim is entitled to an unclaimed payment. Not

earlier than the fifth anniversary of the date on which the

department mails notice under this subsection, if the victim has

not made a claim for payment, the department shall transfer from

the interest-bearing account to the comptroller all payments

received. After making an initial transfer of payments to the

comptroller under this subsection, the department, not later than

the 121st day after the date the department receives a subsequent

payment, shall transfer the subsequent payment to the

comptroller. The department shall deduct five percent of the

payment or subsequent payment as a collection fee and deduct any

interest accrued on the payment or subsequent payment before

transferring the payment to the comptroller under this

subsection. The comptroller shall deposit the payment in the

state treasury to the credit of the compensation to victims of

crime auxiliary fund.

interest under Subsections (a) and (b) shall be deposited in the

special fund of the county treasury provided by Section 509.011

to be used for the same purposes for which state aid may be used

under that section. The department has a maximum of 121 days

after the five-year expiration date to transfer the funds to the

comptroller's office. Failure to comply with the 121-day deadline

will result in a five percent collection fee penalty calculated

from the total deposit and all interest attributable to the

unclaimed funds.

(d) If the victim of the offense claims the payment during the

five-year period in which the payment is held in the

interest-bearing account, the department shall pay the victim the

amount of the original payment, less any interest earned while

holding the payment. After the payment has been transferred to

the comptroller, the department has no liability in regard to the

payment, and any claim for the payment must be made to the

comptroller. If the victim makes a claim to the comptroller, the

comptroller shall pay the victim the amount of the original

payment, less the collection fee, from the compensation to

victims of crime auxiliary fund.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 9.04(a),

eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 796, Sec. 1, eff.

Sept. 1, 1997.

Sec. 76.014. ASSESSMENT AND ENHANCEMENT OF DEFENDANT'S

EDUCATIONAL SKILLS. (a) A department, with the assistance of

the Texas Workforce Commission, the Texas Workforce Investment

Council, local workforce development boards, and other

appropriate public and private entities, may establish a

developmental program for a defendant under the supervision of

the department on the basis of information obtained in the

presentence investigation report prepared for the defendant.

(b) The developmental program may provide the defendant with the

educational and vocational training necessary to:

(1) meet the average skill level of students who have completed

the sixth grade in public schools in this state; and

(2) maintain employment while under the supervision of the

department, to lessen the likelihood that the defendant will

commit additional offenses.

and vocational skills assessment and enhancement program

established under this section, the Texas Department of Economic

Development shall provide information to departments, the Texas

Workforce Commission, the Texas Workforce Investment Council,

local workforce development boards, and other appropriate public

and private entities for obtaining financial assistance through

programs under Chapter 301, Labor Code, and other applicable

programs of public or private entities.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 9.05(a),

eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 818, Sec. 6.05,

eff. Sept. 1, 2003.

Sec. 76.015. ADMINISTRATIVE FEE. (a) A department may collect

money from an individual as ordered by a court served by the

department regardless of whether the individual is under the

department's supervision.

(b) A department that collects money under this section shall

promptly transfer the money collected to the appropriate county

or state officer.

not less than $25 and not more than $40 per month on an

individual who participates in a department program or receives

department services and who is not paying a monthly fee under

Section 19, Article 42.12, Code of Criminal Procedure.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 9.07(a), eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 983, Sec. 1(a), eff. Sept. 1,

1997.

Sec. 76.016. VICTIM NOTIFICATION. (a) A department, using the

name and address provided by the attorney representing the state

under Article 56.08(d), Code of Criminal Procedure, shall

immediately notify a victim of the defendant's crime or, if the

victim has a guardian or is deceased, notify the guardian of the

victim or close relative of the deceased victim of:

(1) the fact that the defendant has been placed on community

supervision;

(2) the conditions of community supervision imposed on the

defendant by the court; and

(3) the date, time, and location of any hearing or proceeding at

which the conditions of the defendant's community supervision may

be modified or the defendant's placement on community supervision

may be revoked or terminated.

(b) In this section, "close relative of a deceased victim,"

"guardian of a victim," and "victim" have the meanings assigned

by Article 56.01, Code of Criminal Procedure.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 9.08(a), eff. Sept.

1, 1997. Amended by Acts 2001, 77th Leg., ch. 1034, Sec. 9, eff.

Sept. 1, 2001.

Sec. 76.017. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAM.

(a) A department may establish a treatment alternative to

incarceration program in each county served by the department

according to standards adopted by the division. A department may

enter into an interlocal cooperation agreement with one or more

other departments in order to establish this program on a

regional basis.

(b) The program must:

(1) include automatic screening and evaluation of a person

arrested for an offense, other than a Class C misdemeanor, in

which an element of the offense is the use or possession of

alcohol or the use, possession, or sale of a controlled substance

or marihuana;

(2) include automatic screening and evaluation of a person

arrested for an offense, other than a Class C misdemeanor, in

which the use of alcohol or drugs is suspected to have

significantly contributed to the offense for which the individual

has been arrested;

(3) coordinate the evaluation and referral to treatment

services; and

(4) make referrals for the appropriate treatment of a person

determined to be in need of treatment, including referrals to a

community corrections facility as defined by Section 509.001.

screening and evaluation procedure developed or approved by the

division.

(d) After a person is screened and evaluated, a representative

of the department shall meet with the participating criminal

justice and treatment agencies to review the person's case and to

determine if the person should be referred for treatment. If a

person is considered appropriate for referral, the person may be

referred to community-based treatment in accordance with

applicable law or any other treatment program deemed appropriate.

A magistrate may order a person to participate in a treatment

program recommended under this section, including treatment in a

drug court program established under Chapter 469, Health and

Safety Code, as a condition of bond or condition of pretrial

release.

(e) A department may contract for the provision of treatment

services. The department may pay for services only if other

adequate public or private sources of payment are not available.

A person is responsible for the payment of any treatment program

recommended under this section if it is determined that a person

referred for treatment is able to pay for the costs of treatment

or if the person has insurance that will pay for the treatment.

If a person is able to pay for treatment or if the person has

insurance that will pay for the treatment, the payment may be

made a condition for receiving treatment.

(f) An employee of a department or treatment provider either

administering this program or providing services under this

section may exchange or otherwise disclose information regarding

the assessment, evaluation, or treatment of a person

participating in this program to:

(1) another employee of the department;

(2) an officer in the court that has jurisdiction over the

person's case;

(3) a county sheriff or jail administrator;

(4) an employee of the Texas Department of Criminal Justice; or

(5) any employee in a facility, institution, or halfway house in

which a person may be confined in accordance with a disposition

of the criminal charges in the case.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 9.09(a), eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1269, Sec. 1, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1139, Sec. 1, eff. June 18, 2005.

Sec. 76.018. APPLICATION OF LAW RELATING TO FREE EXERCISE OF

RELIGION. For purposes of Chapter 110, Civil Practice and

Remedies Code, an ordinance, rule, order, decision, or practice

that applies to a person in the custody of a correctional

facility operated by or under a contract with a community

supervision and corrections department is presumed to be in

furtherance of a compelling governmental interest and the least

restrictive means of furthering that interest. The presumption

may be rebutted.

Added by Acts 1999, 76th Leg., ch. 399, Sec. 3, eff. Aug. 30,

1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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