(1) is operated by a community supervision and corrections department that serves the county in which the court is located and has been approved by the community justice assistance division of the Texas Department of Criminal Justice; or
(2) is operated by the commissioners court of the county, or by a private vendor under contract with the commissioners court, under Section 351.904, Local Government Code, if the defendant has not been placed on community supervision.
(b) A judge, at the time of the pronouncement of a sentence of confinement or at any time while the defendant is serving the sentence, on the judge's own motion or on the written motion of the defendant, may permit the defendant to serve the sentence under house arrest, including electronic monitoring and any other conditions the court chooses to impose, during the person's off-work hours. The judge may require bail of the defendant to ensure the faithful performance of the sentence.
(c) The court may require the defendant to pay to the community supervision and corrections department or the county any reasonable cost incurred because of the defendant's participation in the house arrest program, including the cost of electronic monitoring.
(d) A defendant who submits to electronic monitoring or participates in the house arrest program under this article discharges a sentence of confinement in the same manner as if the defendant were confined in county jail.
(e) A court may revoke a defendant's participation in an electronic monitoring program and require the defendant to serve the remainder of the defendant's sentence of confinement in county jail if the defendant violates a condition imposed by a court under this article, including a condition requiring the defendant to pay for participating in the program under Subsection (c).
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.09, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 854 (S.B. 2340), Sec. 1, eff. June 19, 2009.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 42 - Judgment and Sentence
Article 42.011. Judgment Affecting an Officer or Jailer
Article 42.012. Finding That Controlled Substance Used to Commit Offense
Article 42.013. Finding of Family Violence
Article 42.0131. Required Notice for Persons Convicted of Misdemeanors Involving Family Violence
Article 42.014. Finding That Offense Was Committed Because of Bias or Prejudice
Article 42.015. Finding of Age of Victim
Article 42.016. Special Driver's License or Identification Requirements for Certain Sex Offenders
Article 42.017. Finding Regarding Age-Based Offense
Article 42.0175. Finding Regarding Certain Health Care Professionals; Notification
Article 42.018. Notice Provided by Clerk of Court
Article 42.0182. Findings Regarding Tax Fraud
Article 42.0183. Notice of Family Violence Offenses Provided by Clerk of Court
Article 42.019. Motor Fuel Theft
Article 42.0191. Finding Regarding Victims of Trafficking or Other Abuse
Article 42.0192. Finding Regarding Offense Related to Performance of Public Service
Article 42.0193. Finding Regarding Offense Related to Conduct of Certain Corrections Employees
Article 42.0194. Finding Regarding Felony Conviction
Article 42.0196. Finding Regarding Offense Related to Performance of Public Service
Article 42.0197. Finding Regarding Gang-Related Conduct
Article 42.0198. Finding Regarding Delay in Arrest of Defendant
Article 42.0199. Finding Regarding Diligent Participation Credit
Article 42.01991. Finding Regarding Agreement on Parole Eligibility for Certain Defendants
Article 42.023. Judge May Consider Alternative Sentencing
Article 42.025. Sentencing Hearing at Secondary School
Article 42.031. Work Release Program
Article 42.033. Sentence to Serve Time During Off-Work Hours
Article 42.034. County Jail Work Release Program
Article 42.035. Electronic Monitoring; House Arrest
Article 42.036. Community Service
Article 42.0371. Mandatory Restitution for Kidnapped or Abducted Children
Article 42.0373. Mandatory Restitution for Child Witness of Family Violence
Article 42.038. Reimbursement for Confinement Expenses
Article 42.039. Completion of Sentence in Federal Custody
Article 42.04. Sentence When Appeal Is Taken
Article 42.05. If Court Is About to Adjourn
Article 42.07. Reasons to Prevent Sentence
Article 42.08. Cumulative or Concurrent Sentence
Article 42.09. Commencement of Sentence; Status During Appeal; Pen Packet
Article 42.10. Satisfaction of Judgment as in Misdemeanor Convictions
Article 42.111. Deferral of Proceedings in Cases Appealed to County Court
Article 42.122. [Adult Probation Officers of the 222nd Judicial District; Salary and Allowances ]
Article 42.14. In Absence of Defendant
Article 42.141. Battering Intervention and Prevention Program
Article 42.15. Fines and Costs
Article 42.151. Fees for Abused Children's Counseling
Article 42.152. Repayment of Reward
Article 42.16. On Other Judgment
Article 42.17. Transfer Under Treaty
Article 42.19. Interstate Corrections Compact
Article 42.21. Notice of Release of Family Violence Offenders
Article 42.22. Restitution Liens
Article 42.23. Notification of Court of Family Violence Conviction