2005 Texas Government Code CHAPTER 76. COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENTS

GOVERNMENT CODE

CHAPTER 76. COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENTS


	§ 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, § 7.11, eff. Sept. 1, 
1995.       


	§ 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	(b)  Repealed by Acts 2005, 79th Leg., ch. 255, § 12.                       
	(c)  Except as provided by Subsection (d), one department 
serves 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, § 7.11, eff. Sept. 1, 
1995.  Amended by Acts 2005, 79th Leg., ch. 255, § 1, 12, eff. May 
30, 2005.


	§ 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.
	(c)  The community justice council shall appoint a community 
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 
pardons and paroles 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 Texas Rehabilitation 
Commission 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, § 7.11, eff. Sept. 1, 
1995.  Amended by Acts 1997, 75th Leg., ch. 165, § 9.02(a), 
9.03(a), eff. Sept. 1, 1997;  Acts 2005, 79th Leg., ch. 255, § 2, 
eff. May 30, 2005.


	§ 76.004. DEPARTMENT DIRECTOR;  FISCAL OFFICER.  (a) 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.
	(c)  The judges described by Section 76.002 may appoint for 
the 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
			(C)  is conditioned on the faithful performance by 
the fiscal 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.                                                            

Added by Acts 1995, 74th Leg., ch. 76, § 7.11, eff. Sept. 1, 
1995.  Amended by Acts 2001, 77th Leg., ch. 207, § 1, eff. Sept. 
1, 2001;  Acts 2005, 79th Leg., ch. 255, § 3, eff. May 30, 2005.


	§ 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.                                     
	(c)  A judge described by Section 76.002 has judicial 
immunity in 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, § 4, eff. May 30, 2005.            


	§ 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.
	(c)  A person employed as a peace officer is not eligible for 
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, § 7.11, eff. Sept. 1, 
1995.  Amended by Acts 1997, 75th Leg., ch. 108, § 1, eff. May 15, 
1997.


	§ 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, § 29, eff. Sept. 1, 
1997.  Amended by Acts 2005, 79th Leg., ch. 255, § 5, eff. May 30, 
2005.


	§ 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.
	(c)  Department employees are state employees for the 
purposes of 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, § 7.11, eff. Sept. 1, 
1995.  Amended by Acts 1997, 75th Leg., ch. 987, § 1, eff. Sept. 
1, 1997;  Acts 1997, 75th Leg., ch. 1240, § 1, eff. Sept. 1, 1997;  
Acts 1999, 76th Leg., ch. 62, § 19.01(29), eff. Sept. 1, 1999;  
Acts 1999, 76th Leg., ch. 875, § 1, eff. June 18, 1999;  Acts 
2003, 78th Leg., ch. 1030, § 2.01, eff. Sept. 1, 2004;  Acts 
2005, 79th Leg., ch. 255, § 6, eff. May 30, 2005.


	§ 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, § 7.11, eff. Sept. 1, 
1995.       


	§ 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, § 7.11, eff. Sept. 1, 
1995.       


	§ 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, § 7.11, eff. Sept. 1, 
1995.  Amended by Acts 2005, 79th Leg., ch. 255, § 7, eff. May 30, 
2005.


	§ 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 state jail division of the Texas 
Department of Criminal Justice under Subchapter A, Chapter 507.
	(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.
	(c)  The department may authorize expenditures of funds 
provided 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 state jail division 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 state jail division in the case of a 
state jail felony facility, first approves the use.
	(f)  The division or the state jail division, 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 division approval as required by Subsection (e).

Added by Acts 1995, 74th Leg., ch. 76, § 7.11, eff. Sept. 1, 
1995.  Amended by Acts 2005, 79th Leg., ch. 255, § 8, eff. May 30, 
2005.


	§ 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, § 7.11, eff. Sept. 1, 
1995.  Amended by Acts 2005, 79th Leg., ch. 91, § 1, eff. Sept. 1, 
2005.


	§ 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, § 7.11, eff. Sept. 1, 
1995.       


	§ 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.
	(c)  The collection fee under Subsection (b) and the accrued 
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, § 7.11, eff. Sept. 1, 
1995.  Amended by Acts 1997, 75th Leg., ch. 165, § 9.04(a), eff. 
Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 796, § 1, eff. Sept. 1, 
1997.


	§ 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.
	(c)  To decrease expenditures by departments for the 
educational 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, § 7.11, eff. Sept. 1, 
1995.  Amended by Acts 1997, 75th Leg., ch. 165, § 9.05(a), eff. 
Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 818, § 6.05, eff. Sept. 
1, 2003.


	§ 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.
	(c)  A department may assess a reasonable administrative fee 
of 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, § 9.07(a), eff. Sept. 1, 
1997;  Acts 1997, 75th Leg., ch. 983, § 1(a), eff. Sept. 1, 1997.


	§ 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, § 9.08(a), eff. Sept. 1, 
1997.  Amended by Acts 2001, 77th Leg., ch. 1034, § 9, eff. Sept. 
1, 2001.


	§ 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.
	(c)  A program administered under this section must use a 
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, § 9.09(a), eff. Sept. 1, 
1997;  Acts 1997, 75th Leg., ch. 1269, § 1, eff. Sept. 1, 1997.  
Amended by Acts 2005, 79th Leg., ch. 1139, § 1, eff. June 18, 
2005.


	§ 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, § 3, eff. Aug. 30, 1999.