H.B. No. 385

	AN ACT
	relating to conditions of community supervision and procedures
	applicable to the reduction or termination of a defendant's period
	of community supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 42A.052(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  A judge who places a defendant on community supervision
	may authorize the supervision officer supervising the defendant or
	a magistrate appointed by the district courts in the county that
	give preference to criminal cases to modify the conditions of
	community supervision for the limited purposes [purpose] of:
	(1)  transferring the defendant to different programs
	within the community supervision continuum of programs and
	sanctions; or
	(2)  prioritizing the conditions ordered by the court
	according to the defendant's progress under supervision.
	SECTION 2.  Article 42A.301(b), Code of Criminal Procedure,
	is amended to read as follows:
	(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)  [avoid persons or places of disreputable or
	harmful character, including any person, other than a family member
	of the defendant, who is an active member of a criminal street gang;
	[(4)]  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) [(5)]  permit the supervision officer to visit the
	defendant at the defendant's home or elsewhere;
	(5) [(6)]  work faithfully at suitable employment to
	the extent possible;
	(6) [(7)]  remain within a specified place;
	(7) [(8)]  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) [(9)]  support the defendant's dependents;
	(9) [(10)]  participate, for a period specified by the
	judge, in any community-based program, including a community
	service project under Article 42A.304;
	(10) [(11)]  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) [(12)]  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) [(13)]  submit to testing for alcohol or
	controlled substances;
	(13) [(14)]  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) [(15)]  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) [(16)]  submit to electronic monitoring;
	(16) [(17)]  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) [(18)]  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) [(19)]  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) [(20)]  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) [(21)]  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) [(22)]  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.
	SECTION 3.  Article 42A.303(e), Code of Criminal Procedure,
	is amended to read as follows:
	(e)  The Department of State Health Services or the community
	supervision and corrections department supervising the defendant
	shall develop the continuum of care treatment plan described by
	Subsection (d)(1).
	SECTION 4.  Articles 42A.403(d-1) and (e), Code of Criminal
	Procedure, are amended to read as follows:
	(d-1)  The judge shall waive the educational program
	requirement if the defendant successfully completes [equivalent]
	education at a residential treatment facility under Article
	42A.4045.
	(e)  The judge shall set out in the judgment, as applicable:
	(1)  the finding of good cause for waiver; or
	(2)  the finding that the defendant has successfully
	completed [equivalent] education as provided by Article 42A.4045.
	SECTION 5.  Articles 42A.404(b-1) and (c), Code of Criminal
	Procedure, are amended to read as follows:
	(b-1)  The judge shall waive the educational program
	requirement if the defendant successfully completes [equivalent]
	education at a residential treatment facility under Article
	42A.4045.
	(c)  The judge shall set out in the judgment, as applicable:
	(1)  the finding of good cause for waiver; or
	(2)  the finding that the defendant has successfully
	completed [equivalent] education as provided by Article 42A.4045.
	SECTION 6.  Articles 42A.4045(a) and (b), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  A judge shall waive the educational requirement under
	Article 42A.403 or 42A.404 for a defendant who is required to
	receive treatment as a resident of a substance abuse treatment
	facility as a condition of community supervision if the defendant
	successfully completes [equivalent] education while the defendant
	is confined to the residential treatment facility.
	(b)  The Department of State Health Services shall approve
	[equivalent] education provided at substance abuse treatment
	facilities.
	SECTION 7.  Articles 42A.406(a) and (b-1), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  If a defendant is required as a condition of community
	supervision to attend an educational program under Article 42A.403
	or 42A.404, or if the court waives the educational program
	requirement under Article 42A.403 or the defendant successfully
	completes [equivalent] education under Article 42A.4045, the court
	clerk shall immediately report that fact to the Department of
	Public Safety, on a form prescribed by the department, for
	inclusion in the defendant's driving record.  If the court grants an
	extension of time in which the defendant may complete the
	educational program under Article 42A.403, the court clerk shall
	immediately report that fact to the Department of Public Safety on a
	form prescribed by the department.  The clerk's report under this
	subsection must include the beginning date of the defendant's
	community supervision.
	(b-1)  Upon release from a residential treatment facility at
	which the person successfully completed [equivalent] education
	under Article 42A.4045, at the request of the court clerk, the
	director of the residential treatment facility shall give notice to
	the Department of Public Safety for inclusion in the person's
	driving record.
	SECTION 8.  Article 42A.655, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 42A.655.  ABILITY TO PAY.  (a) The court shall consider
	the defendant's ability to pay before ordering the defendant to
	make any payments under this chapter.
	(b)  Notwithstanding any other law and subject to Subsection
	(c), the court shall consider whether the defendant has sufficient
	resources or income to make any payments under this chapter,
	excluding restitution but including any fee, fine, reimbursement
	cost, court cost, rehabilitation cost, program cost, service cost,
	counseling cost, ignition interlock cost, assessment cost, testing
	cost, education cost, treatment cost, payment required under
	Article 42A.652, or any other payment or cost authorized or
	required under this chapter. The court shall consider under this
	subsection whether a defendant has sufficient resources or income:
	(1)  before or immediately after placing the defendant
	on community supervision, including deferred adjudication
	community supervision; and
	(2)  during the period of community supervision, before
	or immediately after the court orders or requires the defendant to
	make any payments under this chapter.
	(c)  Subsection (b) does not apply to consideration of a
	defendant's ability to pay restitution.
	(d)  Notwithstanding any other law, if a defendant is ordered
	to make a payment included under Subsection (b), the court shall
	reconsider whether the defendant has sufficient resources or income
	to make the payment at any hearing held under Article 42A.751(d).
	(e)  A defendant who is ordered to make a payment included
	under Subsection (b) may, at any time during the defendant's period
	of community supervision, including deferred adjudication
	community supervision, but not more than once in any six-month
	period unless the defendant shows a substantial and compelling
	reason for making an additional request during that period, file a
	written statement with the clerk of the court requesting
	reconsideration of the defendant's ability to make the payment and
	requesting that the payment be satisfied by an alternative method
	provided under Subsection (f). On receipt of the statement, the
	court shall consider whether the defendant's financial status or
	required payments have changed in such a way that the defendant's
	ability to make a payment previously ordered by the court is
	substantially hindered. If after conducting a review under this
	subsection the court finds that the defendant's ability to make a
	payment previously ordered by the court is substantially hindered,
	the court shall determine whether all or a portion of the payment
	should be satisfied by an alternative method provided under
	Subsection (f). The court shall notify the defendant and the
	attorney representing the state of the court's decision regarding
	whether to allow all or a portion of the payment to be satisfied by
	an alternative method.
	(f)  Notwithstanding any other law, if the court determines
	under this article at any time during a defendant's period of
	community supervision, including deferred adjudication community
	supervision, that the defendant does not have sufficient resources
	or income to make a payment included under Subsection (b), the court
	shall determine whether all or a portion of the payment should be:
	(1)  required to be paid at a later date or in a
	specified portion at designated intervals;
	(2)  waived completely or partially under Article
	43.091 or 45.0491;
	(3)  discharged by performing community service under
	Article 42A.304 or 45.049, as applicable; or
	(4)  satisfied through any combination of methods under
	Subdivisions (1)-(3).
	(g)  In making a determination under Subsection (f), a court
	may waive completely or partially a payment required under Article
	42A.652 only if, after waiving all other applicable payments
	included under Subsection (b), the court determines that the
	defendant does not have sufficient resources or income to make the
	payment.
	(h)  The Office of Court Administration of the Texas Judicial
	System shall adopt a standardized form that a defendant may use to
	make a request under Subsection (e) for the reconsideration of the
	defendant's ability to pay. The form must include:
	(1)  detailed and clear instructions for how to fill
	out the form and submit a request to the court; and
	(2)  the following statement at the top of the form, in
	bold type and in any language in which the form is produced:
	"If at any time while you are on community supervision your ability
	to pay any fine, fee, program cost, or other payment ordered by the
	court, other than restitution, changes and you cannot afford to
	pay, you have the right to request that the court review your
	payments and consider changing or waiving your payments. You can
	use this form to make a request for a change in your payments.  You
	cannot use this form to request a change in restitution payments."
	(i)  A supervision officer or the court shall promptly
	provide a defendant a copy of the form adopted under Subsection (h)
	on the defendant's request for the form.
	(j)  This subsection applies only to a defendant whose
	payments are wholly or partly waived under this article. At any
	time during the defendant's period of community supervision,
	including deferred adjudication community supervision, the court,
	on the court's own motion or by motion of the attorney representing
	the state, may reconsider the waiver of the payment. After
	providing written notice to the defendant and an opportunity for
	the defendant to present information relevant to the defendant's
	ability to pay, the court may order the defendant to pay all or part
	of the waived amount of the payment only if the court determines
	that the defendant has sufficient resources or income to pay the
	amount.
	SECTION 9.  Article 42A.701, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsections (b-1),
	(b-2), and (d-1) to read as follows:
	(b)  On completion of one-half of the original community
	supervision period or two years of community supervision, whichever
	is more, the judge shall review the defendant's record and consider
	whether to reduce or terminate the period of community supervision,
	unless the defendant:
	(1)  is delinquent in paying required [costs, fines,
	fees, or] restitution that the defendant has the ability to pay; or
	(2)  has not completed court-ordered counseling or
	treatment.
	(b-1)  The supervision officer shall notify the judge as soon
	as practicable after the date a defendant, who at the time of the
	review required by Subsection (b) was delinquent in paying
	restitution or had not completed court-ordered counseling or
	treatment, completes the remaining court-ordered counseling or
	treatment and makes the delinquent restitution payments, as
	applicable, and is otherwise compliant with the conditions of
	community supervision. On receipt of the notice the judge shall
	review the defendant's record and consider whether to reduce or
	terminate the period of community supervision.
	(b-2)  Following a review conducted under Subsection (b) or
	(b-1), the judge may reduce or terminate the period of community
	supervision or decide not to reduce or terminate the period of
	community supervision. In making the determination, the judge may
	consider any factors the judge considers relevant, including
	whether the defendant is delinquent in paying court-ordered costs,
	fines, or fees that the defendant has the ability to pay as provided
	by Article 42A.655.
	(d-1)  If the judge does not terminate the defendant's period
	of community supervision after conducting a review under this
	article:
	(1)  the judge shall promptly advise the defendant's
	supervision officer of the reasons the judge did not terminate the
	defendant's period of community supervision; and
	(2)  the supervision officer shall promptly advise the
	defendant in writing of the reasons provided under Subdivision (1).
	SECTION 10.  Articles 42A.702(a) and (d), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  This article applies only to a defendant who:
	(1)  is granted community supervision, including
	deferred adjudication community supervision, for an offense
	punishable as a state jail felony or a felony of the third degree,
	other than an offense:
	(A)  included as a "reportable conviction or
	adjudication" under Article 62.001(5);
	(B)  involving family violence as defined by
	Section 71.004, Family Code;
	(C)  under Section 20.03 or 28.02, Penal Code; or
	(D)  under Chapter 49, Penal Code; and
	(2)  [is not delinquent in paying required costs,
	fines, or fees; and
	[(3)]  has fully satisfied any order to pay restitution
	to a victim.
	(d)  A defendant is entitled to time credits toward the
	completion of the defendant's period of community supervision for
	the successful completion of treatment or rehabilitation programs
	as follows:
	(1)  parenting class or parental responsibility
	program: 30 days;
	(2)  anger management program: 30 days;
	(3)  life skills training program: 30 days;
	(4)  vocational, technical, or career education or
	training program: 60 days; [and]
	(5)  alcohol or substance abuse counseling or
	treatment: 90 days; and
	(6)  any other faith-based, volunteer, or
	community-based program ordered or approved by the court: 30 days.
	SECTION 11.  Not later than January 1, 2022, the Office of
	Court Administration of the Texas Judicial System shall adopt the
	form required by Article 42A.655(h), Code of Criminal Procedure, as
	added by this Act.
	SECTION 12.  (a) Except as provided by Subsection (b) of
	this section, the change in law made by this Act to Chapter 42A,
	Code of Criminal Procedure, applies to a person on community
	supervision on or after the effective date of this Act, regardless
	of whether the person was placed on community supervision before,
	on, or after the effective date of this Act.
	(b)  Article 42A.702(d)(6), Code of Criminal Procedure, as
	added by this Act, applies only to a person placed on community
	supervision on or after the effective date of this Act.
	SECTION 13.  This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 385 was passed by the House on April
	30, 2021, by the following vote:  Yeas 131, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 385 on May 28, 2021, by the following vote:  Yeas 111, Nays 31,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 385 was passed by the Senate, with
	amendments, on May 24, 2021, by the following vote:  Yeas 28, Nays
	2.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor