How is your office handling the new requirements of CCP 42A.301?

Can a defendant waive the risk and needs assessment when entering into a plea agreement? Is it like a PSI?

You can find Senate Bill 1584 at https://legiscan.com/TX/text/SB1584/2017

We are having them sign a waiver of the assessment as part of their plea paperwork entered into the record. Misdemeanors only here.

We've also started using a waiver for misdemeanors here.

Thank you, both. Is it PSI case law that has led your offices to conclude that the assessment can be waived? Is there other authority that is relevant?

In our county, the CCL judge and head of probation looked at the letter from the authoring senator and decided we could waive it. That was really about it, so we went along.

PSI_letter.pdf (557 Kb, 32 downloads)

That letter is helpful. Thanks!