TDCAA Community
Senate Bill 1584

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/5367053616

September 12, 2017, 08:25
JasonJ
Senate Bill 1584
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
September 13, 2017, 11:56
ekquisenberry
We are having them sign a waiver of the assessment as part of their plea paperwork entered into the record. Misdemeanors only here.
September 18, 2017, 10:11
Matthew Mills
We've also started using a waiver for misdemeanors here.
September 18, 2017, 10:54
JasonJ
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?
September 25, 2017, 09:43
Matthew Mills
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.


September 28, 2017, 09:33
JasonJ
That letter is helpful. Thanks!