Art. 42A.702. TIME CREDITS FOR COMPLETION OF CERTAIN CONDITIONS OF COMMUNITY SUPERVISION. (a) This article applies only to a defendant who:
(1) is granted community supervision, including deferred adjudication community supervision, for an offense punishable as a state jail felony or a felony of the third degree, other than an offense:
(A) included as a "reportable conviction or adjudication" under Article 62.001(5);
(B) involving family violence as defined by Section 71.004, Family Code;
(C) under Section 20.03 or 28.02, Penal Code; or
(D) under Chapter 49, Penal Code;
(2) is not delinquent in paying required costs, fines, or fees; and
(3) has fully satisfied any order to pay restitution to a victim.
(b) A defendant described by Subsection (a) is entitled to receive any combination of time credits toward the completion of the defendant's period of community supervision in accordance with this article if the court ordered the defendant as a condition of community supervision to:
(1) make a payment described by Subsection (c);
(2) complete a treatment or rehabilitation program described by Subsection (d); or
(3) earn a diploma, certificate, or degree described by Subsection (e).
(c) A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for the full payment of court costs, fines, attorney's fees, and restitution as follows:
(1) court costs: 15 days;
(2) fines: 30 days;
(3) attorney's fees: 30 days; and
(4) restitution: 60 days.
(d) A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for the successful completion of treatment or rehabilitation programs as follows:
(1) parenting class or parental responsibility program: 30 days;
(2) anger management program: 30 days;
(3) life skills training program: 30 days;
(4) vocational, technical, or career education or training program: 60 days; and
(5) alcohol or substance abuse counseling or treatment: 90 days.
(e) A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for earning the following diplomas, certificates, or degrees:
(1) a high school diploma or high school equivalency certificate: 90 days; and
(2) an associate's degree: 120 days.
(f) A defendant's supervision officer shall notify the court if one or more time credits under this article, cumulated with the amount of the original community supervision period the defendant has completed, allow or require the court to conduct a review of the defendant's community supervision under Article 42A.701. On receipt of the notice from the supervision officer, the court shall conduct the review of the defendant's community supervision to determine if the defendant is eligible for a reduction or termination of community supervision under Article 42A.701, taking into account any time credits to which the defendant is entitled under this article in determining if the defendant has completed, as applicable:
(1) the lesser of one-third of the original community supervision period or two years of community supervision; or
(2) the greater of one-half of the original community supervision period or two years of community supervision.
(g) A court may order that some or all of the time credits to which a defendant is entitled under this article be forfeited if, before the expiration of the original period or a reduced period of community supervision, the court:
(1) after a hearing under Article 42A.751(d), finds that a defendant violated one or more conditions of community supervision; and
(2) modifies or continues the defendant's period of community supervision under Article 42A.752 or revokes the defendant's community supervision under Article 42A.755.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Text of article effective on January 01, 2017
Last modified: September 28, 2016