Texas Code of Criminal Procedure - Article 42.031. Work Release Program
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Art. 42.031. WORK RELEASE PROGRAM. Sec. 1. (a) The sheriff
of each county may attempt to secure employment for each defendant
sentenced to the county jail work release program under Article
42.034 of this code and each defendant confined in the county jail
awaiting transfer to the institutional division of the Texas
Department of Criminal Justice.
(b) The employer of a defendant participating in a program
under this article shall pay the defendant's salary to the sheriff.
The sheriff shall deposit the salary into a special fund to be given
to the defendant on his release after deducting:
(1) the cost to the county for the defendant's confinement
during the pay period based on the average daily cost of confining
defendants in the county jail, as determined by the commissioners
court of the county;
(2) support of the defendant's dependents; and
(3) restitution to the victims of an offense committed by
the defendant.
(c) At the time of sentencing or at a later date, the court
sentencing a defendant may direct the sheriff not to deduct the cost
described under Subdivision (1) of Subsection (b) of this section
or to deduct only a specified portion of the cost if the court
determines that the full deduction would cause a significant
financial hardship to the defendant's dependents.
(d) If the sheriff does not find employment for a defendant
who would otherwise be sentenced to imprisonment in the
institutional division, the sheriff shall:
(1) transfer the defendant to the sheriff of a county who
agrees to accept the defendant as a participant in the county jail
work release program; or
(2) retain the defendant in the county jail for employment
as soon as possible in a jail work release program.
Sec. 2. A defendant participating in a program under this
article shall be confined in the county jail or in another facility
designated by the sheriff at all times except for:
(1) time spent at work and traveling to or from work; and
(2) time spent attending or traveling to or from an
education or rehabilitation program approved by the sheriff.
Sec. 3. (a) The sheriff of each county shall classify each
felon serving a sentence in the county jail work release program for
the purpose of awarding good conduct time credit in the same manner
as inmates of the institutional division of the Texas Department of
Criminal Justice are classified under Chapter 498, Government Code,
and shall award good conduct time in the same manner as the director
of the department does in that chapter.
(b) If the sheriff determines that the defendant is
conducting himself in a manner that is dangerous to inmates in the
county jail or to society as a whole, the sheriff may remove the
defendant from participation in the program pending a hearing
before the sentencing court. At the hearing, if the court
determines that the sheriff's assessment of the defendant's conduct
is correct, the court may terminate the defendant's participation
in the program and order the defendant to the term of imprisonment
that the defendant would have received had he not entered the
program. If the court determines that the sheriff's assessment is
incorrect, the court shall order the sheriff to readmit the
defendant to the program. A defendant shall receive as credit
toward his sentence any time served as a participant in the program.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.03(a), eff. Aug. 28,
1989. Sec. 1 amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec.
14.10, eff. Oct. 1, 1991; Sec. 3 amended by Acts 1991, 72nd Leg.,
2nd C.S., ch. 10, Sec. 14.11, eff. Oct. 1, 1991. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.
Article: 42.017 42.018 42.0181 42.019 42.02 42.023 42.03 42.031 42.032 42.033 42.034 42.035 42.036 42.037 42.0371
Last modified: August 11, 2007
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