By: White H.B. No. 3303       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a pretrial drug diversion program          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.            Sec. 18.  COMMUNITY CORRECTIONS FACILITIES.          (a)  In this section, "community corrections facility" has   the meaning assigned by Section 509.001, Government Code.          (b)  If a judge requires as a condition of community   supervision, [or] participation in a drug court program established   under Chapter 123, Government Code, participation in or a pretrial   diversion program established under Section 76.011, Government   Code, or former law that the defendant serve a term in a community   corrections facility, the term may not be more than 24 months.          (c)  A defendant granted community supervision under this   section may not earn good conduct credit for time spend in a   community corrections facility or apply time spent in the facility   toward completion of a prison sentence if the community supervision   is revoked.          (d)  As directed by the judge, the community corrections   facility director shall file with the community supervision and   corrections department director, administrator of a pretrial   diversion program, or administrator of a drug court program, as   applicable, a copy of an evaluation made by the facility director of   the defendant's behavior and attitude at the facility.  The   community supervision and corrections department director,   administrator of a pretrial diversion program, or program   administrator shall examine the evaluation, make written comments   on the evaluation that the director or administrator considers   relevant, and file the evaluation and comments with the judge who   granted community supervision to the defendant, placed the   defendant in a pretrial diversion program, or placed the defendant   in a drug court program.  If the evaluation indicates that the   defendant has made significant progress toward compliance with   court-ordered conditions of community supervision or objectives of   placement in the drug court or pretrial diversion program, as   applicable, the court may release the defendant from the community   corrections facility.  A defendant who served a term in the facility   as a condition of community supervision shall serve the remainder   of the defendant's community supervision under any terms and   conditions the court imposes under this article.          (e)  No later than 18 months after the date on which a   defendant is granted community supervision under this section, the   community corrections facility director shall file with the   community supervision and corrections department director a copy of   an evaluation made by the director of the defendant's behavior and   attitude at the center.  The director shall examine the evaluation,   make written comments on the evaluation that he considers relevant,   and file the evaluation and comments with the judge who granted   community supervision to the defendant.  If the report indicates   that the defendant has made significant progress toward   court-ordered conditions of community supervision, the judge shall   modify the judge's sentence and release the defendant in the same   manner as provided by Subsection (d) of this section.  If the report   indicates that the defendant would benefit from continued   participation in the community corrections facility program, the   judge may order the defendant to remain at the community   corrections facility for a period determined by the judge.  If the   report indicates that the defendant has not made significant   progress toward rehabilitation, the judge may revoke community   supervision and order the defendant to the term of confinement   specified in the defendant's sentence.          (f)  If ordered by the judge who placed the defendant on   community supervision, a community corrections facility director   shall attempt to place a defendant as a worker in a   community-service project of a type described by Section 16 of this   article.          (g)  A defendant participating in a program under this   article shall be confined in the community corrections facility at   all times except for:                (1)  time spent attending and traveling to and from an   education or rehabilitation program as ordered by the court;                (2)  time spent attending and traveling to and from a   community-service project;                (3)  time spent away from the facility for purposes   described by this section; and                (4)  time spent traveling to and from work, if   applicable.          (h)  A judge that requires as a condition of community   supervision that the defendant serve a term in a community   corrections facility may not impose a subsequent term in a   community corrections facility or jail during the same supervision   period that, when added to the terms previously imposed, exceeds 36   months.          (i)  If a judge who places a defendant on community   supervision under this section does not require the defendant to   deliver the defendant's salary to the restitution center director,   the employer of the defendant shall deliver the salary to the   director.  The director shall deposit the salary into a fund to be   given to the defendant on release after deducting:                (1)  the cost to the center for the defendant's food,   housing, and supervision;                (2)  necessary travel expense to and from work and   community-service projects and other incidental expenses of the   defendant;                (3)  support of the defendant's dependants; and                (4)  restitution to the victims of an offense committed   by the defendant.          SECTION 2.  This act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.