Texas Code of Criminal Procedure - Article 42.036. Community Service
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Art. 42.036. COMMUNITY SERVICE. (a) A court may require a
defendant, other than a defendant convicted of an offense under
Sections 49.04-49.08, Penal Code, to serve all or part of a sentence
of confinement or period of confinement required as a condition of
community supervision in county jail by performing community
service rather than by being confined in county jail unless the
sentence of confinement was imposed by the jury in the case.
(b) In its order requiring a defendant to participate in
community service work, the court must specify:
(1) the number of hours the defendant is required to work;
and
(2) the entity or organization for which the defendant is
required to work.
(c) The court may order the defendant to perform community
service work under this article only for a governmental entity or a
nonprofit organization that provides services to the general public
that enhance social welfare and the general well-being of the
community. A governmental entity or nonprofit organization that
accepts a defendant under this section to perform community service
must agree to supervise the defendant in the performance of the
defendant's work and report on the defendant's work to the community
supervision and corrections department or court-related services
office.
(d) The court may require bail of a defendant to ensure the
defendant's faithful performance of community service and may
attach conditions to the bail as it determines are proper.
(e) A court may not order a defendant who is employed to
perform more than 16 hours per week of community service under this
article unless the court determines that requiring the defendant to
work additional hours does not work a hardship on the defendant or
the defendant's dependents. A court may not order a defendant who
is unemployed to perform more than 32 hours per week of community
service under this article, but may direct the defendant to use the
remaining hours of the week to seek employment.
(f) A defendant is considered to have served one day in jail
for each eight hours of community service performed under this
article.
(g) Deleted by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03,
eff. Sept. 1, 1993.
(h) Repealed by Acts 1995, 74th Leg., ch. 76, Sec. 3.14,
eff. Sept. 1, 1995.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.10, eff. Sept. 1,
1989. Subsec. (f) amended by Acts 1990, 71st Leg., 6th C.S., ch.
25, Sec. 27, eff. June 18, 1990; Subsec. (a) amended by Acts 1991,
72nd Leg., 2nd C.S., ch. 10, Sec. 14.08, eff. Oct. 1, 1991; Subsec.
(h) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 15.01,
eff. Oct. 1, 1991; Subsec. (h) amended by Acts 1993, 73rd Leg., ch.
201, Sec. 2, eff. Aug. 30, 1993. Amended by Acts 1993, 73rd Leg.,
ch. 900, Sec. 5.03, eff. Sept. 1, 1993; Subsec. (h) repealed by
Acts 1995, 74th Leg., ch. 76, Sec. 3.14, eff. Sept. 1, 1995.
Article: 42.023 42.03 42.031 42.032 42.033 42.034 42.035 42.036 42.037 42.0371 42.038 42.04 42.05 42.07 42.08
Last modified: August 11, 2007
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