§ 42A.301 — BASIC DISCRETIONARY CONDITIONS.

Texas § 42A.301

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

Art. 42A.301. BASIC DISCRETIONARY CONDITIONS. (a) The judge of the court having jurisdiction of the case shall determine the conditions of community supervision after considering the results of a risk and needs assessment conducted with respect to the defendant. The assessment must be conducted using an instrument that is validated for the purpose of assessing the risks and needs of a defendant placed on community supervision. The judge may impose any reasonable condition that is not duplicative of another condition and that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. In determining the conditions, the judge shall consider the extent to which the conditions impact the defendant's:
(1) work, education, and community service schedule or obligations; and
(2) ability to meet financial obligations.
(b) Conditions of community supervision may include conditions requiring the defendant to:
(1) commit no offense against the laws of this state or of any other state or of the United States;
(2) avoid injurious or vicious habits;
(3) report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department;
(4) permit the supervision officer to visit the defendant at the defendant's home or elsewhere;
(5) work faithfully at suitable employment to the extent possible;
(6) remain within a specified place;
(7) pay in one or more amounts:
(A) the defendant's fine, if one is assessed; and
(B) all court costs, regardless of whether a fine is assessed;
(8) support the defendant's dependents;
(9) participate, for a period specified by the judge, in any community-based program, including a community service project under Article 42A.304 ;
(10) if the judge determines that the defendant has financial resources that enable the defendant to offset in part or in whole the costs of the legal services provided to the defendant in accordance with Article 1.051 (c) or (d), including any expenses and costs, reimburse the county in which the prosecution was instituted for the costs of the legal services in an amount that the judge finds the defendant is able to pay, except that the defendant may not be ordered to pay an amount that exceeds:
(A) the actual costs, including any expenses and costs, paid by the county for the legal services provided by an appointed attorney; or
(B) if the defendant was represented by a public defender's office, the actual amount, including any expenses and costs, that would have otherwise been paid to an appointed attorney had the county not had a public defender's office;
(11) if under custodial supervision in a community corrections facility:
(A) remain under that supervision;
(B) obey all rules and regulations of the facility; and
(C) pay a percentage of the defendant's income to the facility for room and board;
(12) submit to testing for alcohol or controlled substances;
(13) attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Department of State Health Services;
(14) with the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation;
(15) submit to electronic monitoring;
(16) reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56B.003 , of the offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;
(17) reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;
(18) reimburse all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense;
(19) pay a fine in an amount not to exceed $50 to a crime stoppers organization, as defined by Section 414.001 , Government Code, and as certified by the Texas Crime Stoppers Council;
(20) submit a DNA sample to the Department of Public Safety under Subchapter G , Chapter 411 , Government Code, for the purpose of creating a DNA record of the defendant; and
(21) in any manner required by the judge, provide in the county in which the offense was committed public notice of the offense for which the defendant was placed on community supervision.
(c) Before the judge may require as a condition of community supervision that the defendant receive treatment in a state-funded substance abuse treatment program, including an inpatient or outpatient program, a substance abuse felony program under Article 42A.303 , or a program provided to the defendant while confined in a community corrections facility as defined by Article 42A.601 , the judge must consider the results of an evaluation conducted to determine the appropriate type and level of treatment necessary to address the defendant's alcohol or drug dependency.

Legislative History

Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299 ), Sec. 1.01, eff. January 1, 2017. Amended by: Acts 2017, 85th Leg., R.S., Ch. 109 (S.B. 1584 ), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488 ), Sec. 23.013(a), eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173 ), Sec. 2.17, eff. January 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346 ), Sec. 2.11, eff. January 1, 2020. Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385 ), Sec. 2, eff. September 1, 2021.