85R12066 MAW-F     By: Garcia S.B. No. 1584       A BILL TO BE ENTITLED   AN ACT   relating to the conditions of community supervision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42A.301, Code of Criminal Procedure, is   amended to read as follows:          Art. 42A.301.  BASIC DISCRETIONARY CONDITIONS. (a)  The   judge of the court having jurisdiction of the case shall determine   the conditions of community supervision based on 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:                (1)  may only impose the least restrictive condition   necessary to achieve the purpose for which the condition is   imposed; and                (2)  shall consider the extent to which the conditions   impact the defendant's:                      (A)  work, education, and community service   schedule or obligations; and                      (B)  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)  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;                (5)  permit the supervision officer to visit the   defendant at the defendant's home or elsewhere;                (6)  work faithfully at suitable employment to the   extent possible;                (7)  remain within a specified place;                (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;                (9)  support the defendant's dependents;                (10)  participate, for a period specified by the judge,   in any community-based program, including a community service   project under Article 42A.304;                (11)  reimburse the county in which the prosecution was   instituted as follows:                      (A)  if counsel was appointed, an amount for   compensation paid to appointed counsel for defending the defendant   in the case; or                      (B)  if the defendant was represented by a public   defender's office, an amount that would have been paid to an   appointed attorney had the county not had a public defender's   office;                (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:                            (i)  the facility for room and board; and                            (ii)  the defendant's dependents for their   support during the period of custodial supervision;                (13)  submit to testing for alcohol or controlled   substances if the defendant's risk and needs assessment indicated   that the use of alcohol or a controlled substance:                      (A)  contributed to the commission of the offense;   or                      (B)  would increase the likelihood that the   defendant will commit another offense;                (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;                (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;                (16)  submit to electronic monitoring;                (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 56.32, 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;                (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;                (19)  pay 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;                (20)  make one payment 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;                (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;                (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; and                (23)  reimburse the county in which the prosecution was   instituted for compensation paid to any interpreter in the case.          (c)  In imposing the conditions of community supervision,   the judge may not order the defendant to pay any amount, including   an amount to reimburse any cost, unless the judge determines that   the defendant is financially able to pay the amount.          SECTION 2.  The change in law made by this Act applies to a   defendant placed on community supervision on or after the effective   date of this Act, regardless of whether the offense for which the   defendant was placed on community supervision was committed before,   on, or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2017.