Texas Code of Criminal Procedure - Article 42.033. Sentence To Serve Time During Off-Work Hours
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Art. 42.033. SENTENCE TO SERVE TIME DURING OFF-WORK
HOURS. (a) Where jail time has been awarded to a person sentenced
for a misdemeanor or sentenced to confinement in the county jail for
a felony or when a defendant is serving a period of confinement as a
condition of community supervision, the trial judge, at the time of
the pronouncement of sentence or at any time while the defendant is
serving the sentence or period of confinement, when in the judge's
discretion the ends of justice would best be served, may permit the
defendant to serve the defendant's sentence or period of
confinement intermittently during his off-work hours or on
weekends. The judge may require bail of the defendant to ensure the
faithful performance of the sentence or period of confinement. The
judge may attach conditions regarding the employment, travel, and
other conduct of the defendant during the performance of such a
sentence or period of confinement.
(b) The court may impose as a condition to permitting a
defendant to serve the jail time assessed or period of confinement
intermittently an additional requirement that the defendant make
any of the following payments to the court, agencies, or persons, or
that the defendant execute a letter and direct it to the defendant's
employer directing the employer to deduct from the defendant's
salary an amount directed by the court, which is to be sent by the
employer to the clerk of the court. The money received by the court
under this section may be used to pay the following expenses as
directed by the court:
(1) the support of the defendant's dependents, if
necessary;
(2) the defendant's documented personal, business, and
travel expenses;
(3) reimbursement of the general fund of the county for the
maintenance of the defendant in jail; and
(4) installment payments on restitution, fines, and court
costs ordered by the court.
(c) The condition imposed under Subsection (b) of this
article is not binding on an employer, except that income withheld
for child support is governed by Chapter 158, Family Code.
(d) The court may permit the defendant to serve the
defendant's sentence or period of confinement intermittently in
order for the defendant to continue employment if the court imposes
confinement for failure to pay a fine or court costs, as punishment
for criminal nonsupport under Section 25.05, Penal Code, or for
contempt of a court order for periodic payments for the support of a
child.
(e) The court may permit the defendant to seek employment or
obtain medical, psychological, or substance abuse treatment or
counseling or obtain training or needed education under the same
terms and conditions that apply to employment under this article.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.07, eff. Sept. 1,
1989. Subsecs. (a), (b), (d) amended by Acts 1991, 72nd Leg., 2nd
C.S., ch. 10, Sec. 14.06, eff. Oct. 1, 1991. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993. Subsec. (c)
amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.03, eff. Sept. 1,
1997.
Article: 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 42.038 42.04
Last modified: August 11, 2007
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