By: Whitmire S.B. No. 1399     A BILL TO BE ENTITLED   AN ACT   relating to confinement in a community corrections facility of a   defendant participating in a pretrial intervention program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42A.602(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  If a judge requires as a condition of community   supervision or participation in a pretrial intervention program   operated under Section 76.011, Government Code, or a drug court   program established under Chapter 123, Government Code, or former   law that the defendant serve a term of confinement in a community   corrections facility, the term may not exceed 24 months.          SECTION 2.  Article 42A.604(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  As directed by the judge, the community corrections   facility director shall file with the community supervision and   corrections department director 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 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 or placed   the defendant in a pretrial intervention program or 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] program, as applicable, the judge 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 chapter.          SECTION 3.  Section 509.001(1), Government Code, is amended   to read as follows:                (1)  "Community corrections facility" means a physical   structure, established by the judges described by Section 76.002   after authorization of the establishment of the structure has been   included in a department's strategic plan, that is operated by the   department or operated for the department by an entity under   contract with the department, for the purpose of treating persons   who have been placed on community supervision or who are   participating in a pretrial intervention program operated under   Section 76.011 or a drug court program established under Chapter   123 or former law and providing services and programs to modify   criminal behavior, deter criminal activity, protect the public, and   restore victims of crime.  The term includes:                      (A)  a restitution center;                      (B)  a court residential treatment facility;                      (C)  a substance abuse treatment facility;                      (D)  a custody facility or boot camp;                      (E)  a facility for an offender with a mental   impairment, as defined by Section 614.001, Health and Safety Code;   and                      (F)  an intermediate sanction facility.          SECTION 4.  The change in law made by this Act applies only   to a person placed in a pretrial intervention program operated   under Section 76.011, Government Code, for an offense committed on   or after the effective date of this Act. A person placed in a   pretrial intervention program operated under Section 76.011,   Government Code, for an offense committed before the effective date   of this Act is governed by the law in effect on the date the offense   was committed, and the former law is continued in effect for that   purpose. For purposes of this section, an offense was committed   before the effective date of this Act if any element of the offense   was committed before that date.          SECTION 5.  This Act takes effect September 1, 2017.