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Texas Code of Criminal Procedure - CRIM P Art. 42A.257. Evaluation for Purposes of Alcohol or Drug Rehabilitation

Current as of April 14, 2021 | Updated by FindLaw Staff

(a) The judge shall direct a supervision officer approved by the community supervision and corrections department or the judge, or a person, program, or other agency approved by the Department of State Health Services, to conduct an evaluation to determine the appropriateness of, and a course of conduct necessary for, alcohol or drug rehabilitation for a defendant and to report the results of that evaluation to the judge, if:

(1) the judge determines that alcohol or drug abuse may have contributed to the commission of the offense;  or

(2) the case involves a second or subsequent offense under:

(A) Section 49.04, Penal Code, if the offense was committed within five years of the date on which the most recent preceding offense was committed;  or

(B) Section 49.07 or 49.08, Penal Code, if the offense involved the operation of a motor vehicle and was committed within five years of the date on which the most recent preceding offense was committed.

(b) The evaluation must be made:

(1) after arrest and before conviction, if requested by the defendant;

(2) after conviction and before sentencing, if the judge assesses punishment in the case;

(3) after sentencing and before the entry of a final judgment, if the jury assesses punishment in the case;  or

(4) after community supervision is granted, if the evaluation is required as a condition of community supervision under Article 42A.402.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 42A.257. Evaluation for Purposes of Alcohol or Drug Rehabilitation - last updated April 14, 2021 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-42a-257/

Read this complete Texas Code of Criminal Procedure - CRIM P Art. 42A.257. Evaluation for Purposes of Alcohol or Drug Rehabilitation on Westlaw

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