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 shall:
(1) establish a community supervision and corrections
department; and
(2) employ district personnel as necessary to conduct
presentence investigations, supervise and rehabilitate defendants
placed on community supervision, enforce the conditions of
community supervision, and staff community corrections facilities.
(b) The district judges trying criminal cases and judges of
statutory county courts trying criminal cases that are served by a
community supervision and corrections department are entitled to
participate in the management of the department.
(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.
§ 76.003. COMMUNITY JUSTICE COUNCIL. (a) A community
justice council must be established by the district judge or
district judges in each jurisdiction 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 and programs.
(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.
§ 76.004. DEPARTMENT DIRECTOR; FISCAL
OFFICER. (a) The district judge or judges shall appoint a
department director who must meet, at a minimum, the eligibility
requirements for officers established under Section 76.005.
(b) The department director shall employ a sufficient
number of officers and other employees to perform the professional
and clerical work of the department.
(c) The district judge or judges 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 district judge or judges 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 district
judge or judges; and
(C) is conditioned on the faithful performance by
the fiscal officer of the officer's duties.
(f) The district judge or judges 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; and
(3) 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.
§ 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 415.038; and
(2) the director of the department and the judges
participating in the management of the department agree to the
authorization.
Added by Acts 1997, 75th Leg., ch. 1261, § 29, eff. Sept. 1,
1997.
§ 76.006. EMPLOYEE STATUS AND BENEFITS.
Text of subsection (a) effective until September 1, 2004
(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 district judge or judges, and
the employees are governed by personnel policies and benefits equal
to personnel policies for and benefits of other employees of that
county.
Text of subsection (a) effective September 1, 2004
(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 district judge or judges. 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.
Text of subsection (c) effective until September 1, 2004
(c) Department employees are state employees for the
purposes of Chapter 104, Civil Practice and Remedies Code, and
Chapter 501, Labor Code.
Text of subsection (c) effective September 1, 2004
(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 district judge or judges
change the designation of the county providing employee benefits,
the district judge or judges may not subsequently change that
designation before the 10th anniversary of the date on which the
previous designation was made.
Text of subsection (i) effective September 1, 2004
(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.
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.
§ 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 district judge or judges 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 judge or
judges 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.
§ 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 district judge or judges 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.
§ 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 one year.
(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.
§ 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.
(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 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.
§ 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.
