Beginning 9/1/07, a defendant gets credit for time spent at inpatient treatment, if successfully completed, following adjudication/revocation of probation. How will your court be figuring out when and how much credit to give?

Also, why is this a good or bad idea?

Bad idea: for defendants facing relatively little confinement time following revocation (e.. state jail felony), the inpatient treatment credit will render any threat of confinement meaningless.

Bad idea: there is no formal method for identifying how much credit has been earned.

Bad idea: treatment is not punishment, so why does he get credit, especially following violation of probation, especially if that violation involved drug/alcohol abuse?

Good idea: The wait for a bed a SAFP will go down.

No one looks good in a mug shot, do they?

HB 1678 also requires credit for any time spent in a "court-ordered residential program or facility". So, I assume that it includes successful completion of an ISF program. I suppose it would also include the time spent at a halfway house which is part of the after-care program following SAFPF.

We are going to rely on probation records to establish the correct amount of jail credit. What about the time spent in jail awaiting transfer to one of these programs? I think it will have to be included as well.

This change does not bother me much since I can take into consideration how much credit the defendant is entitled to when I enter into a plea agreement.

It should NOT include time spent in county jail pending actual placement in a program. There is no treatment taking place in jail.

I also would not jump to the conclusion that it includes anything other than inpatient drug/alcohol treatment programs. Otherwise, what is the point of awarding it upon "successful" completion?

Also NOTE: it only applies to probations that begin on or after 9/1/07. It does not apply to older probations.

I am just looking at the language of the bill:

"...shall credit against any time a defendant is required to serve in a state jail facility time served by the defendant in a substance abuse treatment facility operated by the TDCJ or other court ordered residential program or facility... but only if the defendant successfully completes the treatment program in that facility."

Don't the intermediate sanction facilities have drug and alcohol components?

An intermediate sanction facility is a glorified community service project that just happens to include an overnight stay. It is not a treatment facility.

The entire point of and legislative history of Madden's creative early release program via time credits was to focus on drug/alcohol treatment programs and allegedly encourage the defendant to succeed because of the "reward" of credit following adjudication/revocation. I can't even begin to explain how illogical that point was, but there you have it. (If a defendant were capable of such elaborate planning and choosing in his/her own life, one would expect them to be smart enough to avoid the crime in the first place. Ironically, once a defendant has accrued enough credit, his incentive for successfully completing the probation goes away.)

Of course, when Madden offered this change, he was told that (1) it didn't make sense, (2) it would generate substantial litigation and (3) ultimately discourage prosecutors/judges from using inpatient treatment.

He also promised that it would be discretionary. Then, he broke his promise by making it mandatory.

And some day, the Leg will take it away because it will prove to be a disaster as a policy. Until then, we don't need to give away punishment through unintended credit.

[This message was edited by JB on 07-30-07 at .]

For those that doubted a defendant could plea bargain away back time credit, read this case.

Okay. What has the experience been? When is a probationer due credit?

The circumstances; 2nd degree, went to SAFP 6 years ago, now he is being sent up and wants credit. Basis of demand is HB 1678. Anybody got caselaw/experience so we can better handle this next time?

Ever see TomDeLay's mug shot? Looks like it was done by Glamour Headshots, Inc.

Section 10 of HB 1678 specifies that the credit changes made by the legislation only apply to defendants initially placed on community supervision on or after September 1, 2007.

I am trying to help one of my bosses formulate an office policy on how we handle credit for these cases.

Just to be sure, credit only applies when:

1) Revoking probation on a state jail felony only AND

2) Defendant was placed on probation after 9/1/2007 AND

3) Defendant successfully completed the inpatient treatment

If anyone has any procedures they use to help ensure their judgments revoking are correct, I would greatly appreciate it.

Cory I'm curious about your first condition "1) Revoking probation on a state jail felony only" Is there a limitation in 42.12 sec. 23 that limits this type of credit to State Jail Felonys?

No.

Sorry, I was reading page 22 of the 2007-2009 Leg Update that specifically says state jail felonies. Good to know it applies to all felonies ...