Texas Government Code - Section 76.017. Treatment Alternative To Incarceration Program
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Texas Laws > Government Code > Texas Government Code - Section 76.017. Treatment Alternative To Incarceration Program
§ 76.017. TREATMENT ALTERNATIVE TO INCARCERATION
PROGRAM. (a) A department may establish a treatment alternative to
incarceration program in each county served by the department
according to standards adopted by the division. A department may
enter into an interlocal cooperation agreement with one or more
other departments in order to establish this program on a regional
basis.
(b) The program must:
(1) include automatic screening and evaluation of a
person arrested for an offense, other than a Class C misdemeanor, in
which an element of the offense is the use or possession of alcohol
or the use, possession, or sale of a controlled substance or
marihuana;
(2) include automatic screening and evaluation of a
person arrested for an offense, other than a Class C misdemeanor, in
which the use of alcohol or drugs is suspected to have significantly
contributed to the offense for which the individual has been
arrested;
(3) coordinate the evaluation and referral to
treatment services; and
(4) make referrals for the appropriate treatment of a
person determined to be in need of treatment, including referrals
to a community corrections facility as defined by Section 509.001.
(c) A program administered under this section must use a
screening and evaluation procedure developed or approved by the
division.
(d) After a person is screened and evaluated, a
representative of the department shall meet with the participating
criminal justice and treatment agencies to review the person's case
and to determine if the person should be referred for treatment. If
a person is considered appropriate for referral, the person may be
referred to community-based treatment in accordance with
applicable law or any other treatment program deemed appropriate.
A magistrate may order a person to participate in a treatment
program recommended under this section, including treatment in a
drug court program established under Chapter 469, Health and Safety
Code, as a condition of bond or condition of pretrial release.
(e) A department may contract for the provision of treatment
services. The department may pay for services only if other
adequate public or private sources of payment are not available. A
person is responsible for the payment of any treatment program
recommended under this section if it is determined that a person
referred for treatment is able to pay for the costs of treatment or
if the person has insurance that will pay for the treatment. If a
person is able to pay for treatment or if the person has insurance
that will pay for the treatment, the payment may be made a condition
for receiving treatment.
(f) An employee of a department or treatment provider either
administering this program or providing services under this section
may exchange or otherwise disclose information regarding the
assessment, evaluation, or treatment of a person participating in
this program to:
(1) another employee of the department;
(2) an officer in the court that has jurisdiction over
the person's case;
(3) a county sheriff or jail administrator;
(4) an employee of the Texas Department of Criminal
Justice; or
(5) any employee in a facility, institution, or
halfway house in which a person may be confined in accordance with a
disposition of the criminal charges in the case.
Added by Acts 1997, 75th Leg., ch. 165, § 9.09(a), eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1269, § 1, eff. Sept. 1, 1997.
Amended by Acts 2005, 79th Leg., ch. 1139, § 1, eff. June 18,
2005.
Section: 76.010 76.011 76.012 76.013 76.014 76.015 76.016 76.017 76.018 77.001 77.011 77.012 77.013 77.014 77.031
Last modified: August 11, 2007
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