Texas Behavioral Health Alternative Sentencing and Record Restoration Act — Version 2 Legislation Page

Texas Behavioral Health Alternative Sentencing and Record Restoration Act

Code of Criminal Procedure • Government Code • Family Code
Preliminary proposal for post-conviction behavioral health treatment and supervision, a parallel juvenile disposition, and conditional record restoration. Exact conforming amendments and TLC review remain required.
Version 2 — Draft for TLC Review; Not FiledOctober 7, 2026Will Campbell — HD109 Candidate73 Proposed Code Provisions
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By: ___________________

H.B. No. _____

A BILL TO BE ENTITLED

AN ACT

relating to a behavioral health alternative sentence for certain defendants and a behavioral health alternative disposition for certain children whose criminal or delinquent conduct was significantly influenced by a mental illness, substance use disorder, or alcohol use disorder; providing for treatment, supervision, release review, dismissal, expunction, nondisclosure, and sealing of records; requiring interagency rulemaking and data reporting; authorizing grants and the use of appropriated funds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. BEHAVIORAL HEALTH ALTERNATIVE SENTENCE

SECTION 1.01. CODE OF CRIMINAL PROCEDURE CHAPTER 42B ADDED.

Title 1, Code of Criminal Procedure, is amended by adding Chapter 42B to read as follows:

CHAPTER 42B. BEHAVIORAL HEALTH ALTERNATIVE SENTENCE

SUBCHAPTER A. GENERAL PROVISIONS

Proposed New Code Provision — Art. 42B.001.

Art. 42B.001. SHORT TITLE.

This chapter may be cited as the Texas Behavioral Health Alternative Sentencing Act.
Proposed New Code Provision — Art. 42B.002.

Art. 42B.002. PURPOSE.

The purposes of this chapter are to:
(1)hold an eligible defendant accountable through a sentence equal in duration to the term of confinement otherwise assessed;
(2)protect the public by addressing a mental illness or substance use disorder that significantly contributed to the defendant's criminal conduct;
(3)reduce repeated criminal conduct through clinically appropriate treatment, structured supervision, restitution, and continuing judicial oversight;
(4)preserve the punishment authority of a judge or jury while authorizing treatment as the place and manner in which the sentence is served;
(5)provide a one-time opportunity for dismissal and expunction following successful completion of a first eligible sentence; and
(6)preserve ordinary correctional treatment for a defendant who is not eligible for, or who is terminated from, an alternative sentence under this chapter.
Proposed New Code Provision — Art. 42B.003.

Art. 42B.003. DEFINITIONS.

In this chapter:
(1)“Alcohol use disorder” means a disorder involving recurrent alcohol use that is diagnosed by a qualified clinical professional using professionally recognized diagnostic criteria and substantially impairs the person's health, judgment, or behavior.
(2)“Alternative sentence” means a behavioral health alternative sentence imposed under this chapter in place of confinement in a county jail, state jail, or institutional division facility.
(3)“Clinical release panel” means the three qualified clinical professionals required by Article 42B.202 to evaluate clinical readiness for release or step-down.
(4)“Clinical readiness report” means a written report prepared under Article 42B.202 concerning whether a participant may be safely managed in a less restrictive treatment or supervision setting.
(5)“Co-occurring disorder” means the simultaneous presence of a qualifying mental illness and a qualifying substance use disorder or alcohol use disorder.
(6)“Eligible criminal episode” means one or more eligible offenses committed pursuant to the same transaction or a common scheme or continuing course of conduct and disposed of in the same criminal proceeding.
(7)“Eligible offense” means an offense described by Article 42B.051 that is not excluded by Article 42B.052.
(8)“Family violence” has the meaning assigned by Section 71.004, Family Code.
(9)“First eligible offense” means an eligible criminal episode committed by a defendant who has not previously been convicted of or adjudicated for another eligible criminal episode in this state, another state, or a federal or foreign jurisdiction and who has not previously received an alternative sentence or disposition under this chapter or Chapter 54A, Family Code.
(10)“Material violation” means a wilful or knowing violation that materially impairs treatment, supervision, victim safety, or public safety, including absconding, refusal to participate, prohibited substance use, test falsification, abuse of staff or another participant, or intentional exploitation of program rules.
(11)“Participant” means a defendant serving an alternative sentence under this chapter.
(12)“Program” means the statewide behavioral health alternative sentencing program established under Chapter 131, Government Code.
(13)“Qualified clinical professional” means a person licensed or otherwise authorized under Texas law to perform the diagnosis, treatment, assessment, or clinical review assigned to that person and who acts within the lawful scope of the person's license or other authority.
(14)“Qualified treatment facility” means a public or private inpatient, residential, intensive outpatient, or outpatient facility certified by the Health and Human Services Commission to provide treatment under this chapter.
(15)“Qualifying mental illness” means a mental disease or disorder, other than a condition manifested solely by repeated criminal conduct or a substance use disorder, that:
(A)is diagnosed by a qualified clinical professional using professionally recognized diagnostic criteria;
(B)substantially impairs thought, perception of reality, emotional process, judgment, or behavior; and
(C)requires treatment to reduce the likelihood of continued impairment or criminal conduct.
(16)“Qualifying substance use disorder” means a disorder involving recurrent use or misuse of an illegal drug, prescription drug, inhalant, or other non-alcohol substance that:
(A)is diagnosed by a qualified clinical professional using professionally recognized diagnostic criteria; and
(B)substantially impairs the person's health, judgment, or behavior.
(17)“Second eligible offense” means an eligible criminal episode committed after the defendant was convicted of, adjudicated for, or placed under an alternative sentence or disposition for one prior eligible criminal episode.
(18)“Significantly contributed” means that a qualifying condition had a material and clinically supportable causal relationship to the conduct constituting the offense and was not merely incidental to the offense.
(19)“Successful completion” means completion of the requirements stated in Article 42B.251.
(20)“Third or subsequent eligible offense” means an eligible criminal episode committed by a defendant who has previously been convicted of, adjudicated for, or placed under an alternative sentence or disposition for two or more eligible criminal episodes.
(21)“Treatment phase” means an inpatient, residential, intensive outpatient, outpatient, aftercare, or community-based phase of an individualized treatment plan.
Proposed New Code Provision — Art. 42B.004.

Art. 42B.004. NATURE OF SENTENCE; PARTICIPATION NOT VOLUNTARY.

(a)An alternative sentence is a criminal punishment imposed after conviction. It is not a pretrial diversion program, a defense to prosecution, an acquittal, or a voluntary exchange for dismissal.
(b)After conviction, the sentencing authority may impose an alternative sentence without the defendant's consent if the requirements of this chapter are satisfied.
(c)A defendant may not elect to withdraw from an alternative sentence after it is imposed.
(d)The treatment, placement, supervision, testing, restitution, and conduct requirements contained in the judgment are mandatory conditions of the sentence.
(e)This article does not independently authorize the involuntary administration of psychoactive medication, surgery, electroconvulsive treatment, or another invasive medical procedure. An involuntary medical intervention must be authorized under other applicable law and must include the process required by the United States Constitution, the Texas Constitution, and state law.
Proposed New Code Provision — Art. 42B.005.

Art. 42B.005. CONSTRUCTION; OTHER PROCEEDINGS UNAFFECTED.

(a)This chapter does not alter or replace:
(1)a competency proceeding under Chapter 46B;
(2)an insanity proceeding under Chapter 46C;
(3)an emergency detention or civil commitment proceeding under the Health and Safety Code;
(4)a defendant's right to appeal;
(5)a crime victim's rights under Chapter 56A; or
(6)a court's authority to order restitution, a fine, court costs, or another lawful sanction not inconsistent with this chapter.
(b)A person may not be held in criminal custody, inpatient treatment, residential treatment, or supervision under this chapter beyond the maximum expiration date of the sentence.
(c)Continued involuntary treatment after the maximum expiration date may occur only under otherwise applicable civil law.
Proposed New Code Provision — Art. 42B.006.

Art. 42B.006. RIGHT TO COUNSEL.

(a)A defendant is entitled to representation by counsel at:
(1)an eligibility or sentencing hearing under this chapter;
(2)a hearing that may materially increase the restrictiveness of the defendant's placement;
(3)a termination or revocation hearing;
(4)a release-review hearing; and
(5)a hearing concerning successful completion or record relief.
(b)The court shall appoint counsel for an indigent defendant as provided by other law.
(c)A waiver of counsel is effective only if made knowingly, intelligently, and voluntarily in accordance with otherwise applicable law.

SUBCHAPTER B. ELIGIBILITY

Proposed New Code Provision — Art. 42B.051.

Art. 42B.051. ELIGIBLE OFFENSES.

(a)Subject to Article 42B.052, an offense is eligible if it is:
(1)a Class B misdemeanor;
(2)a Class A misdemeanor;
(3)a state jail felony; or
(4)a felony of the third degree.
(b)Multiple eligible offenses arising from the same eligible criminal episode shall be treated as one offense for purposes of determining whether the episode is a first, second, or third eligible offense.
(c)A fine-only misdemeanor does not qualify for an alternative sentence involving confinement but may be referred to voluntary services under another law.
(d)An assaultive offense punishable as a Class A misdemeanor or felony of the third degree may qualify only under Article 42B.056.
(e)An offense under Section 49.04, Penal Code, may qualify only under the alcohol use disorder track and Article 42B.057.
(f)A noncommercial transfer of a controlled substance may qualify only under Article 42B.058.
Proposed New Code Provision — Art. 42B.052.

Art. 42B.052. EXCLUDED OFFENSES.

An offense is not eligible if the judgment contains an affirmative finding or the court finds by a preponderance of the evidence that the criminal episode involved:
(1)death or serious bodily injury to another person;
(2)the use or exhibition of a deadly weapon;
(3)conduct for which registration is required under Chapter 62;
(4)a felony offense under Title 5, Penal Code, other than an assaultive offense expressly made eligible by Article 42B.056;
(5)trafficking of persons, compelling prostitution, kidnapping, or unlawful restraint of a child;
(6)stalking, continuous violence against the family, strangulation or obstruction of breathing or circulation, coercive control accompanied by violence or a threat of violence, or repeated violation of a protective order;
(7)injury to a child, elderly individual, or disabled individual;
(8)an offense under Section 49.045, 49.07, or 49.08, Penal Code, or any felony offense under Chapter 49, Penal Code;
(9)manufacture of a controlled substance or delivery of a controlled substance other than a noncommercial transfer expressly made eligible by Article 42B.058;
(10)organized criminal activity, participation in a criminal street gang, or an offense committed for the benefit of a criminal street gang;
(11)a violation of a condition of bond, protective order, or court order intended to protect a specific person from the defendant;
(12)an offense for which judge-ordered community supervision is prohibited under Article 42A.054, except to the extent another provision of this chapter expressly makes the offense eligible; or
(13)conduct demonstrating a continuing and unreasonable risk of serious harm that cannot be adequately managed in an available qualified treatment facility.
Proposed New Code Provision — Art. 42B.053.

Art. 42B.053. CLINICAL ELIGIBILITY.

(a)A defendant is clinically eligible only if the court finds that:
(1)the defendant has a qualifying mental illness, qualifying substance use disorder, alcohol use disorder, or co-occurring disorder;
(2)the condition significantly contributed to the eligible offense;
(3)clinically appropriate treatment is reasonably expected to reduce the risk of repeated criminal conduct;
(4)the proposed facility or treatment setting can safely manage the defendant; and
(5)a clinically appropriate treatment setting can be identified, although immediate placement is not required if funded capacity is unavailable as provided by Article 42B.105.
(b)A diagnosis alone is insufficient. The court must make a separate finding concerning the relationship between the condition and the offense.
(c)Intoxication at the time of the offense, standing alone, does not establish a qualifying substance use disorder or alcohol use disorder.
Proposed New Code Provision — Art. 42B.054.

Art. 42B.054. FIRST, SECOND, AND SUBSEQUENT OFFENSES.

(a)For a first eligible offense, the court may impose an alternative sentence based on a qualifying mental illness, a qualifying substance use disorder, an alcohol use disorder, or a co-occurring disorder.
(b)For a second eligible offense, the court may impose an alternative sentence only if:
(1)the defendant has a qualifying mental illness independent of a substance use disorder;
(2)the qualifying mental illness significantly contributed to the second offense; and
(3)each other requirement of this chapter is satisfied.
(c)A defendant with a co-occurring disorder may qualify under Subsection (b) only if the qualifying mental illness independently satisfies Subsection (b)(1) and (2).
(d)A defendant charged with a third or subsequent eligible offense is not eligible for an alternative sentence under this chapter.
(e)Subsection (d) does not prohibit mental health or substance use treatment in jail, in prison, through a substance abuse felony punishment facility, as a condition of community supervision, or as a condition of parole or mandatory supervision.
Proposed New Code Provision — Art. 42B.055.

Art. 42B.055. EFFECT OF PRIOR CASES.

(a)In determining whether an offense is a first, second, or subsequent eligible offense, the court shall consider:
(1)a prior Texas conviction or juvenile adjudication for conduct that would constitute an eligible offense;
(2)a substantially similar conviction or adjudication from another jurisdiction;
(3)a prior alternative sentence or juvenile alternative disposition, regardless of whether the related records were later sealed, expunged, dismissed, or set aside; and
(4)all offenses arising from one criminal episode as a single eligible offense.
(b)An arrest that did not result in a conviction, adjudication, or alternative sentence or disposition may not be used to increase the offense count under this article.
(c)A conviction or adjudication that has been reversed on appeal or pardoned on the basis of actual innocence may not be considered.
(d)In a proceeding to determine whether to impose an alternative sentence for a second eligible offense, the judge and, if applicable, the jury shall be informed that the defendant previously received an alternative sentence or disposition and thereafter committed the present eligible offense. The evidence may include the prior disposition, completion or termination status, and facts reasonably necessary to evaluate treatment response and public safety, but may not include privileged therapy notes or irrelevant confidential clinical communications.
Proposed New Code Provision — Art. 42B.056.

Art. 42B.056. LIMITED ASSAULTIVE AND FAMILY-VIOLENCE OFFENSES.

(a)An offense under Section 22.01, Penal Code, punishable as a Class A misdemeanor or felony of the third degree is eligible if:
(1)no person suffered serious bodily injury;
(2)the defendant did not use or exhibit a deadly weapon;
(3)the conduct did not involve strangulation, suffocation, obstruction of breathing or circulation, sexual conduct, kidnapping, stalking, continuous violence against the family, or repeated violation of a protective order;
(4)the defendant has a qualifying mental illness, independent of intoxication or a substance use disorder, that significantly contributed to the assaultive conduct;
(5)an available qualified treatment facility can safely manage the defendant; and
(6)the sentencing authority makes the heightened findings required by this article.
(b)An offense is not ineligible solely because the grade of the offense is based on the status of the victim under Section 22.01(b), Penal Code, if each requirement of Subsection (a) is satisfied and the offense is not otherwise excluded by Article 42B.052.
(c)A nonaggravated offense involving family violence may qualify as a first or second eligible offense if:
(1)the offense satisfies Subsection (a);
(2)the court receives a specialized family-violence and lethality-risk assessment;
(3)the court adopts a written victim-safety plan, including separate housing, no-contact, geographic, firearm, protective-order, and release-notice conditions as appropriate;
(4)the victim is provided the notice and opportunity to be heard required by Chapter 56A and Article 42B.301; and
(5)the court finds in writing that the plan can reasonably protect the victim and any affected child.
(d)Anger, jealousy, voluntary intoxication, or a substance use disorder without an independently qualifying mental illness does not satisfy this article.
(e)Before the alternative-sentence issue is submitted to a jury or decided by the judge, the court shall determine as a matter of law whether the offense is eligible under this article. The sentencing authority shall then determine whether to impose the alternative sentence.
Proposed New Code Provision — Art. 42B.057.

Art. 42B.057. MISDEMEANOR DRIVING WHILE INTOXICATED; ALCOHOL TRACK.

(a)An offense under Section 49.04, Penal Code, is eligible only if:
(1)the offense is punishable as a misdemeanor;
(2)the defendant has a diagnosed alcohol use disorder;
(3)the alcohol use disorder significantly contributed to the offense;
(4)the episode did not involve a child passenger, death, serious bodily injury, or conduct constituting another felony under Chapter 49, Penal Code; and
(5)the sentencing authority makes written findings that treatment and the conditions imposed under this article adequately protect the public.
(b)Consumption of alcohol or intoxication at the time of the offense, standing alone, does not establish an alcohol use disorder.
(c)The individualized plan must require alcohol use disorder treatment, verified abstinence, testing, driving restrictions, and ignition-interlock use to the extent authorized or required by other law.
(d)Successful completion of a first eligible offense under this article qualifies for the same dismissal and expunction relief provided by Articles 42B.252 and 55A.007.
Proposed New Code Provision — Art. 42B.058.

Art. 42B.058. NONCOMMERCIAL TRANSFER OF CONTROLLED SUBSTANCE.

(a)An offense involving delivery of a controlled substance is eligible only if the court finds that:
(1)the transfer was between adults;
(2)the defendant received and expected no money, property, service, barter, or other economic benefit;
(3)the amount transferred was within the lowest applicable punishment tier and was consistent with personal use or social sharing rather than distribution;
(4)the defendant did not manufacture the substance or possess a quantity, packaging, records, weapons, or other evidence consistent with commercial distribution;
(5)no child participated in or received the transfer;
(6)the transfer did not cause death, overdose, or serious bodily injury;
(7)the defendant did not knowingly misrepresent fentanyl or a fentanyl-containing substance as another substance;
(8)the transfer was not part of organized, repeated, or commercial distribution; and
(9)a qualifying substance use disorder significantly contributed to the conduct.
(b)The defendant bears the burden of producing evidence that the transfer satisfies Subsection (a). The state retains the burden applicable to punishment issues under other law.

SUBCHAPTER C. ASSESSMENT AND SENTENCING

Proposed New Code Provision — Art. 42B.101.

Art. 42B.101. REFERRAL.

(a)After conviction and before sentence is pronounced, the court may initiate consideration of an alternative sentence on its own motion or on the motion of:
(1)the attorney representing the state;
(2)the defendant or defense counsel;
(3)a supervision officer; or
(4)a person who prepared an assessment under Article 16.22.
(b)The court is not bound by a recommendation or objection of a party.
(c)The consent of the attorney representing the state is not required.
Proposed New Code Provision — Art. 42B.102.

Art. 42B.102. CLINICAL AND RISK ASSESSMENT.

(a)The court shall order an independent assessment by one or more qualified clinical professionals before imposing an alternative sentence.
(b)The assessment must address:
(1)diagnosis and current symptoms;
(2)the degree to which the condition significantly contributed to the offense;
(3)competency concerns requiring action under Chapter 46B;
(4)risk of suicide, self-harm, violence, victim contact, absconding, and overdose;
(5)prior treatment and response to treatment;
(6)substance use history and the need for medication-assisted treatment;
(7)the least restrictive clinically appropriate treatment setting;
(8)anticipated treatment phases and continuity-of-care needs;
(9)housing, transportation, education, employment, and family or community supports;
(10)the ability of an available facility to manage identified risks; and
(11)any other matter prescribed by rule.
(c)The defendant and the state may obtain an independent assessment and present expert testimony.
(d)A statement made by the defendant solely for an assessment or treatment under this chapter is not admissible to prove guilt of the underlying offense. The statement may be used in a proceeding under this chapter concerning eligibility, placement, compliance, release, termination, or completion, subject to applicable privileges and the rules of evidence.
Proposed New Code Provision — Art. 42B.103.

Art. 42B.103. PRESENTENCE ELIGIBILITY HEARING.

(a)The court shall conduct an evidentiary hearing before imposing an alternative sentence.
(b)The state and defendant are entitled to notice, counsel, presentation of evidence, cross-examination of witnesses, and an opportunity to be heard.
(c)A victim is entitled to notice and an opportunity to provide information concerning safety, restitution, and the effect of the offense.
(d)The court shall make written findings concerning:
(1)offense eligibility;
(2)clinical eligibility;
(3)the offense count under Article 42B.054;
(4)the relationship between the condition and the offense;
(5)public safety and victim safety;
(6)the clinical appropriateness of the proposed placement and the current availability of funded capacity;
(7)the term of confinement assessed by the judge or jury; and
(8)each reason supporting or opposing the alternative sentence.
(e)Eligibility must be established by a preponderance of the evidence.
Proposed New Code Provision — Art. 42B.104.

Art. 42B.104. IMPOSITION OF ALTERNATIVE SENTENCE.

(a)After the judge or jury assesses a definite term of confinement within the punishment range for the offense, the sentencing authority shall determine whether that term will be served conventionally or as an alternative sentence under this chapter.
(b)If punishment is assessed by the judge, the judge shall make the determination under Subsection (a).
(c)If punishment is assessed by the jury, the jury shall return one of the following findings:
(1)the term shall be served in conventional confinement;
(2)the term shall be served as an alternative sentence under this chapter; or
(3)the jury delegates to the judge the determination of whether the term shall be served as an alternative sentence.
(d)A finding under Subsection (c)(1) or (2) is binding on the judge. The judge may not substitute a different manner of service but retains authority over placement, the individualized treatment plan, review, sanctions, release, and termination as provided by this chapter.
(e)The alternative sentence is the manner of carrying the assessed punishment into execution. The judge may not increase or decrease the term assessed by the sentencing authority except as otherwise authorized by law.
(f)The judgment must state:
(1)the underlying term of confinement;
(2)whether the judge or jury selected the alternative sentence or the jury delegated the decision to the judge;
(3)that the term shall be served through treatment and supervision under this chapter as capacity becomes available;
(4)the initial treatment setting recommended;
(5)the maximum expiration date;
(6)the release eligibility rules applicable to the underlying sentence;
(7)the restitution, fine, and other lawful conditions imposed; and
(8)the conventional place of confinement in which the participant shall remain pending placement or to which the participant may be transferred if the alternative sentence is terminated.
(g)The court may order consecutive or concurrent service only as otherwise authorized by law.
Proposed New Code Provision — Art. 42B.105.

Art. 42B.105. PLACEMENT SUBJECT TO APPROPRIATED CAPACITY.

(a)An alternative sentence does not create an entitlement to immediate placement or to a treatment bed beyond capacity funded by legislative appropriation and certified for the participant's clinical and security needs.
(b)If an appropriate funded placement is not immediately available, the participant shall:
(1)begin or continue serving the conventional sentence in the jail, state jail, or institutional division facility designated by law;
(2)receive all credit otherwise provided by law for that confinement;
(3)be placed on a statewide priority transfer list maintained under Chapter 131, Government Code; and
(4)receive interim mental health, substance use, or alcohol use disorder services in custody to the extent available.
(c)The participant shall be transferred to the first clinically appropriate funded placement that becomes available according to uniform priority rules. The sentencing authority's selection of alternative treatment remains binding notwithstanding delayed placement.
(d)Time spent awaiting placement does not extend the maximum expiration date or delay an ordinary release eligibility date.
(e)If no appropriate funded placement becomes available before the sentence expires, the person may complete the sentence in conventional custody. Lack of capacity does not authorize confinement beyond the maximum expiration date.
Proposed New Code Provision — Art. 42B.106.

Art. 42B.106. INDIVIDUALIZED TREATMENT AND SUPERVISION PLAN.

(a)Not later than the 14th day after placement, the treatment provider and supervising department shall file a proposed individualized plan with the court.
(b)The plan must include, as applicable:
(1)the diagnosis and treatment goals;
(2)inpatient, residential, intensive outpatient, outpatient, and aftercare phases;
(3)counseling, psychiatric care, medical care, and medication management;
(4)medication-assisted treatment when clinically indicated;
(5)alcohol and controlled substance testing;
(6)education, vocational training, employment, housing, and transportation services;
(7)restitution and victim-safety requirements;
(8)frequency of judicial review and supervision contacts;
(9)objective criteria for advancement, regression, and completion;
(10)a relapse-response protocol;
(11)a crisis and suicide-prevention plan;
(12)reentry and continuity-of-care requirements; and
(13)any other lawful requirement reasonably related to rehabilitation, accountability, or public safety.
(c)The court shall approve, reject, or modify the proposed plan after providing the parties an opportunity to be heard.
(d)A judge, prosecutor, supervision officer, or facility administrator may require compliance with the approved plan but may not prescribe medication or dictate a clinical decision reserved by law to a licensed professional.
Proposed New Code Provision — Art. 42B.107.

Art. 42B.107. COSTS; INABILITY TO PAY.

(a)A participant may be required to contribute toward treatment and supervision costs according to the participant's ability to pay.
(b)Inability to pay may not be used as the sole ground to:
(1)deny admission;
(2)impose a more restrictive placement;
(3)delay advancement;
(4)terminate the alternative sentence; or
(5)deny successful completion or record relief.
(c)Subject to legislative appropriation and available certified capacity, the state shall administer access to treatment required by the judgment in accordance with Article 42B.105.

SUBCHAPTER D. SERVICE, REVIEW, AND COMPLIANCE

Proposed New Code Provision — Art. 42B.151.

Art. 42B.151. EQUIVALENT TERM; PHASES.

(a)The total period during which a participant is subject to treatment and supervision under this chapter equals the term of confinement assessed by the judge or jury, subject to the same lawful early-release mechanisms that would apply to the conventional sentence.
(b)The alternative sentence may be served in progressively less restrictive treatment phases.
(c)Inpatient or residential treatment may continue only while:
(1)clinically indicated;
(2)authorized by the judgment or a subsequent court order; and
(3)within the unexpired sentence.
(d)When inpatient or residential treatment is no longer clinically indicated, the participant shall serve the remainder of the sentence in an appropriate outpatient, aftercare, or supervised community phase unless a lawful basis exists for a more restrictive placement.
(e)A participant is not entitled to unrestricted release merely because the inpatient or residential phase has ended.
Proposed New Code Provision — Art. 42B.152.

Art. 42B.152. CREDIT.

(a)A participant is entitled to day-for-day credit against the sentence for each day spent:
(1)confined before or after sentencing in a jail, state jail, or institutional division facility;
(2)in secure psychiatric stabilization;
(3)in inpatient treatment;
(4)in residential treatment; or
(5)in another twenty-four-hour custodial facility designated by the court.
(b)Each compliant day in an outpatient, aftercare, or community treatment phase counts toward service of the alternative sentence unless forfeited under this article.
(c)After a first material violation, the court may deny credit beginning on the date of the violation and continuing through the date the court finds that the participant returned to material compliance. Credit earned before the first material violation may not be forfeited.
(d)After a second material violation, the court may forfeit all credit accumulated during the unsuccessfully completed outpatient, aftercare, or community treatment phase in which the violations occurred, including credit earned before either violation during that phase.
(e)Credit for conventional custody, secure stabilization, inpatient treatment, residential treatment, or another twenty-four-hour custodial placement may not be forfeited.
(f)Credit may be denied or forfeited only after notice, representation by counsel, an evidentiary hearing, and written findings identifying each material violation and the period affected.
(g)All credit not lawfully forfeited shall be applied to any conventional sentence subsequently executed. The sentence after termination may not exceed the original sentence less protected credit under Subsection (e).
Proposed New Code Provision — Art. 42B.153.

Art. 42B.153. PERIODIC REVIEW.

(a)The court shall review the participant's status:
(1)not less than once every 30 days during the first 90 days;
(2)not less than once every 90 days during inpatient or residential treatment after the first 90 days; and
(3)not less than once every 180 days during an outpatient or community phase.
(b)The review must address treatment progress, public safety, victim safety, restitution, testing, placement level, and barriers to completion.
(c)Before materially increasing the restrictiveness of placement or imposing a custodial sanction, the court shall provide notice and an opportunity to be heard.
Proposed New Code Provision — Art. 42B.154.

Art. 42B.154. GRADUATED RESPONSES; RELAPSE.

(a)A response to noncompliance must be proportional, reasonably related to the violation, and designed to promote accountability, treatment, and public safety.
(b)Authorized responses include:
(1)increased reporting or testing;
(2)clinical reassessment;
(3)modification of the treatment plan;
(4)increased treatment intensity;
(5)curfew, electronic monitoring, or geographic restrictions;
(6)community service;
(7)a brief custodial sanction otherwise authorized by law;
(8)transfer to a more restrictive clinically appropriate setting; or
(9)commencement of termination proceedings.
(c)A first confirmed noncriminal prohibited-use violation does not by itself require termination. The court shall impose a clinically appropriate response and determine credit under Article 42B.152.
(d)A second material violation may support termination and the forfeiture authorized by Article 42B.152(d).
(e)The court shall consider the participant's treatment history, honesty, risk, response to prior interventions, and willingness to continue treatment.
(f)Nothing in this article prevents immediate action necessary to protect the participant, a victim, or the public.
Proposed New Code Provision — Art. 42B.155.

Art. 42B.155. MEDICAL DECISION-MAKING.

(a)A treatment provider retains authority over diagnosis, medication, and clinical treatment within the provider's lawful scope of practice.
(b)A medically appropriate decision to change or discontinue medication is not noncompliance.
(c)Refusal of a particular medication or invasive procedure does not authorize forced treatment under this chapter but may result in reassessment of whether the participant can comply with and safely remain in the alternative sentence.
(d)Before treating medical refusal as grounds for a more restrictive placement or termination, the court shall determine whether a clinically appropriate less intrusive alternative exists.

SUBCHAPTER E. RELEASE ELIGIBILITY AND REENTRY

Proposed New Code Provision — Art. 42B.201.

Art. 42B.201. ORDINARY RELEASE RULES PRESERVED.

(a)A participant is eligible for movement from the custodial or residential portion of an alternative sentence to supervised community treatment on the date the participant would first have been eligible for parole, mandatory supervision, local early release, or another applicable form of release if the conventional sentence had been executed.
(b)The eligibility date and any good-conduct credit shall be calculated under the law applicable to the underlying offense. This chapter does not accelerate, delay, guarantee, or otherwise alter the eligibility date except by requiring the clinical readiness determination provided by this subchapter.
(c)The authority that would decide release from the conventional sentence shall decide release under this subchapter. For a sentence that would be served in county jail, the sentencing court is the release authority.
(d)Release under this subchapter is to a less restrictive treatment and supervision phase and is not an unconditional discharge.
Proposed New Code Provision — Art. 42B.202.

Art. 42B.202. CLINICAL RELEASE PANEL; UNANIMOUS RECOMMENDATION.

(a)Before release from or step-down from an inpatient, secure, or residential phase, a clinical release panel must unanimously recommend the proposed release or step-down.
(b)The panel consists of:
(1)the attending physician, psychiatrist, psychotherapist, or other lead treating professional authorized under existing law to evaluate the applicable condition; and
(2)two additional qualified clinical professionals authorized under existing law to evaluate the applicable condition, at least one of whom must be independent of the treatment facility.
(c)A panel member may not have a direct financial interest in unnecessarily extending the participant's confinement or treatment.
(d)The attending professional shall prepare a clinical readiness report. Each additional member shall review the complete clinical record and may interview and independently evaluate the participant.
(e)The report and recommendation must address, to a reasonable degree of clinical probability:
(1)diagnosis and current condition;
(2)treatment completed and response to treatment;
(3)institutional conduct;
(4)medication compliance when applicable;
(5)substance and alcohol testing history;
(6)whether acute symptoms are sufficiently stabilized;
(7)whether inpatient or residential treatment remains medically necessary;
(8)whether the participant can be safely managed in a less restrictive setting under specified conditions;
(9)whether a relapse-prevention and crisis-response plan is in place;
(10)whether housing, medication access, treatment appointments, and supervision have been arranged;
(11)whether identified risks to a victim or the public can be reasonably managed; and
(12)proposed release and continuing-care conditions.
(f)The report may not guarantee that the participant will never engage in harmful or criminal conduct.
(g)Each member shall sign the recommendation. Release or step-down may not occur unless all three members recommend it.
(h)A member who declines to recommend release or step-down shall provide a written statement of the clinical and factual reasons. The statement must be promptly provided to the participant, participant's counsel, attending professional, release authority, and court, subject to protection of confidential victim information.
(i)A denial by one or more panel members is subject to reconsideration and to the ordinary administrative or judicial review and appeal processes applicable to the release decision. The participant may submit an independent evaluation at the participant's expense or, if indigent and the interests of justice require, at public expense as authorized by law.
Proposed New Code Provision — Art. 42B.203.

Art. 42B.203. RELEASE DECISION.

(a)The release authority may order movement to a less restrictive treatment phase only after receiving the unanimous written recommendation required by Article 42B.202.
(b)A unanimous clinical recommendation is necessary but does not guarantee release. The release authority shall consider:
(1)the report and each panel member's recommendation;
(2)treatment participation and progress;
(3)institutional conduct;
(4)testing results;
(5)the nature and circumstances of the offense;
(6)the safety of a victim and the public;
(7)restitution progress;
(8)the proposed supervision plan; and
(9)any other factor ordinarily considered for release from the underlying sentence.
(c)A denial by the release authority must be supported by written reasons and reconsidered at intervals applicable to the conventional sentence or, if no interval applies, not later than the 180th day after denial.
(d)A legal release decision remains with the release authority and may not be delegated to the clinical release panel.
(e)If unanimous clinical approval is withheld, the panel shall reconsider the participant not later than the 180th day after the most recent denial unless a shorter interval is clinically appropriate or required by other law.
(f)Nothing in this article authorizes criminal confinement beyond the maximum expiration date. Continued involuntary treatment after that date may occur only under otherwise applicable civil law.
Proposed New Code Provision — Art. 42B.204.

Art. 42B.204. REENTRY CONDITIONS.

A participant released to a less restrictive phase remains subject to:
(1)the unexpired sentence;
(2)continuing treatment and testing;
(3)supervision equivalent to parole, mandatory supervision, or local supervision applicable to the underlying sentence;
(4)victim-protection and no-contact conditions;
(5)restitution; and
(6)other lawful conditions imposed by the release authority.

SUBCHAPTER F. COMPLETION, TERMINATION, AND RECORD RELIEF

Proposed New Code Provision — Art. 42B.251.

Art. 42B.251. SUCCESSFUL COMPLETION.

(a)Except as provided by Subsection (b), a participant successfully completes the alternative sentence when the court finds that the participant:
(1)has reached the maximum expiration date or has otherwise completed the term under applicable release law;
(2)has completed each clinically required treatment phase and an approved continuing-care plan;
(3)has not been convicted of or adjudicated for a new offense committed during the sentence, excluding a fine-only traffic offense;
(4)did not engage in any confirmed unauthorized use of an illegal drug, controlled prescription, inhalant, alcohol prohibited by the judgment, or other substance prohibited by the treatment plan during the sentence;
(5)complied with testing and did not tamper with, substitute, or intentionally avoid testing;
(6)substantially complied with supervision;
(7)has paid restitution in full or has made all payments the court determines the participant had the ability to pay; and
(8)does not present an unmanaged unreasonable risk of serious harm under the continuing-care plan.
(b)A participant with one confirmed unauthorized-use violation may be found to have successfully completed the sentence for purposes other than first-offense expunction if the court finds that the participant thereafter completed all treatment and sentence requirements. The participant becomes eligible for first-offense expunction only after remaining continuously and verifiably abstinent for two years after the confirmed use.
(c)A participant with two or more confirmed unauthorized-use violations is not eligible for first-offense expunction under this chapter.
(d)Prescribed medication lawfully used as directed and clinically supervised medication-assisted treatment do not constitute unauthorized use.
(e)Inability to pay fines, fees, or costs other than restitution does not prevent successful completion.
Proposed New Code Provision — Art. 42B.252.

Art. 42B.252. FIRST-OFFENSE DISCHARGE; JUDGMENT SET ASIDE; DISMISSAL.

(a)On successful completion of an alternative sentence for a first eligible offense, the court shall:
(1)discharge the participant;
(2)set aside the judgment of conviction;
(3)dismiss the charging instrument with prejudice; and
(4)if the participant satisfies Article 42B.251(a), enter the findings and information required for automatic expunction under Chapter 55A; or
(5)if Article 42B.251(b) applies, retain limited jurisdiction solely to verify the two-year abstinence period and enter the expunction findings after that period is successfully completed.
(b)A dismissal under this article releases the person from all penalties and disabilities resulting from the conviction, except that a confidential eligibility indicator may be used only as provided by Article 42B.257.
(c)Relief under this article may be granted only once in the person's lifetime.
(d)The limited jurisdiction authorized by Subsection (a)(5) does not extend the criminal sentence or authorize continued custody, treatment, or supervision after the sentence expires.
Proposed New Code Provision — Art. 42B.253.

Art. 42B.253. SECOND-OFFENSE DISCHARGE; SPECIAL NONDISCLOSURE.

(a)On successful completion of an alternative sentence for a second eligible offense, the court shall discharge the participant from the sentence.
(b)The court may not set aside the judgment, dismiss the case, or order expunction under this chapter.
(c)Except as provided by Subsection (d), the person is entitled to petition for an order of nondisclosure under Section 411.0741, Government Code, after the second anniversary of discharge if:
(1)the person has not been convicted of or placed on deferred adjudication for a new offense during the waiting period, excluding a fine-only traffic offense;
(2)restitution has been paid in full or the person made all payments the court found the person had the ability to make; and
(3)the court finds that issuance of the order is in the interest of justice and consistent with public safety.
(d)A second eligible offense involving family violence is not eligible for nondisclosure under this article and remains public as provided by other law.
(e)An order under this article does not prevent access by a court, prosecutor, law enforcement agency, corrections agency, juvenile justice agency, or other governmental entity authorized by Chapter 411. The record remains available to determine future sentencing and eligibility under this chapter.
Proposed New Code Provision — Art. 42B.254.

Art. 42B.254. TERMINATION.

(a)The court may terminate an alternative sentence if the participant:
(1)commits a new offense that demonstrates the participant cannot be safely managed in the program;
(2)commits or credibly threatens violence;
(3)absconds;
(4)repeatedly and wilfully refuses to participate after reasonable interventions;
(5)materially falsified information used to establish eligibility;
(6)repeatedly commits serious violations despite graduated responses; or
(7)can no longer be safely or effectively treated in an available qualified facility.
(b)Termination requires written notice, counsel, an evidentiary hearing, and written findings.
(c)The state must prove a violation by a preponderance of the evidence.
(d)The court shall consider modification, transfer, or intensified treatment before termination unless immediate termination is necessary to protect another person or the public.
(e)On termination, the court shall order the participant to serve the unexpired portion of the conventional sentence in the place designated by law, with all credit required by Article 42B.152.
(f)The sentence after termination may not exceed the sentence originally assessed.
Proposed New Code Provision — Art. 42B.255.

Art. 42B.255. THIRD OR SUBSEQUENT OFFENSE.

A person convicted of a third or subsequent eligible offense:
(1)is not eligible for an alternative sentence;
(2)is not eligible for dismissal, expunction, or special nondisclosure under this chapter; and
(3)remains eligible for treatment otherwise available in jail, prison, a substance abuse felony punishment facility, community supervision, parole, or mandatory supervision.
Proposed New Code Provision — Art. 42B.256.

Art. 42B.256. CONFIDENTIALITY OF CLINICAL INFORMATION.

(a)A diagnostic report, treatment plan, therapy note, medication record, clinical readiness report, or other clinical record filed with the court is confidential and must be maintained separately from the public criminal file.
(b)The court may disclose only the information reasonably necessary to administer the sentence, protect a victim or the public, process benefits, or comply with another law.
(c)A public order should state findings in the least clinically specific terms sufficient to support the court's decision.
(d)This article does not limit a disclosure required to prevent an imminent threat, report abuse or neglect, investigate a new offense, or comply with another mandatory reporting law.
Proposed New Code Provision — Art. 42B.257.

Art. 42B.257. CONFIDENTIAL ELIGIBILITY INDICATOR.

(a)The Office of Court Administration shall permanently maintain for the lifetime of the person a confidential indicator showing only the identity information necessary for a reliable match, the date of disposition, and whether the person has previously received:
(1)a first-offense alternative sentence or disposition;
(2)a second-offense alternative sentence or disposition; and
(3)a discharge, termination, dismissal, expunction, or sealing order associated with that sentence or disposition.
(b)The indicator may not contain the person's diagnosis, treatment records, underlying offense narrative, or other clinical information.
(c)The indicator is not public criminal history record information and may be accessed only by:
(1)a court determining eligibility under this chapter or Chapter 54A, Family Code;
(2)an attorney representing the state in the pending eligibility proceeding;
(3)defense counsel for the person in that proceeding;
(4)a juvenile probation department performing the same function; or
(5)the office for audit and system-security purposes.
(d)An indicator retained after expunction may be used only to prevent a person from receiving a first-offense or second-offense benefit more times than authorized by law. It may not be used to enhance punishment, establish guilt, deny employment or housing, determine licensing, or be disclosed to the public.
(e)The office may not destroy the indicator because an underlying case was dismissed, set aside, expunged, sealed, or made subject to nondisclosure.
(f)Unauthorized knowing disclosure is punishable in the same manner as knowing disclosure of expunged records under Article 55A.402.

SUBCHAPTER G. VICTIM RIGHTS

Proposed New Code Provision — Art. 42B.301.

Art. 42B.301. NOTICE AND PARTICIPATION.

(a)A victim entitled to notice under Chapter 56A is entitled to reasonable notice of:
(1)an eligibility hearing;
(2)initial placement;
(3)a hearing to reduce a secure or residential placement;
(4)release to community treatment;
(5)termination proceedings;
(6)successful completion; and
(7)dismissal or expunction.
(b)The victim may provide information concerning safety, restitution, treatment-related conditions affecting the victim, and the impact of the offense.
(c)The victim's objection does not constitute an absolute bar to an alternative sentence, but the court must address a material safety concern in its written findings.
(d)A participant remains subject to restitution and lawful protective orders.

ARTICLE 2. PUNISHMENT PROCEDURE

SECTION 2.01. ARTICLE 37.07 AMENDED.

Article 37.07, Code of Criminal Procedure, is amended by adding Section 2A to read as follows:
Proposed New Code Provision — Sec. 2A.

Sec. 2A. BEHAVIORAL HEALTH ALTERNATIVE SENTENCE.

(a)In an eligible case under Chapter 42B, the court shall determine before the punishment charge is submitted whether the defendant is legally and clinically eligible to be considered for a behavioral health alternative sentence.
(b)The judge or jury having responsibility for punishment shall assess the definite term of confinement that would apply without regard to Chapter 42B.
(c)If the judge assesses punishment, the judge shall decide whether the term will be served in conventional confinement or as a behavioral health alternative sentence.
(d)If the jury assesses punishment, the verdict form must permit the jury to select one of the following:
(1)conventional confinement;
(2)a binding behavioral health alternative sentence; or
(3)delegation to the judge of the decision whether to impose a behavioral health alternative sentence.
(e)A jury finding under Subsection (d)(1) or (2) is binding. The judge may not substitute the other manner of service. If the jury acts under Subsection (d)(3), the judge shall decide the issue at a separate hearing.
(f)The court shall instruct the jury that:
(1)the jury must assess the term of confinement without reducing or increasing the term based on the manner in which the sentence will be served;
(2)an alternative sentence requires treatment and supervision for the assessed term, subject to release laws applicable to the underlying sentence;
(3)the defendant may begin serving the sentence in conventional custody until an appropriate funded treatment placement becomes available; and
(4)the judge retains authority over facility selection, treatment conditions, review, sanctions, release, and termination but may not disregard a binding jury selection under Subsection (d).
(g)The defendant's consent is not required for imposition of the alternative sentence.

ARTICLE 3. STATEWIDE PROGRAM ADMINISTRATION

SECTION 3.01. GOVERNMENT CODE CHAPTER 131 ADDED.

Subtitle K, Title 2, Government Code, is amended by adding Chapter 131 to read as follows:

CHAPTER 131. BEHAVIORAL HEALTH ALTERNATIVE SENTENCING PROGRAM

Proposed New Code Provision — Sec. 131.001.

Sec. 131.001. DEFINITIONS.

In this chapter, “alternative sentence,” “participant,” “program,” “qualified clinical professional,” and “qualified treatment facility” have the meanings assigned by Article 42B.003, Code of Criminal Procedure.
Proposed New Code Provision — Sec. 131.002.

Sec. 131.002. PROGRAM ESTABLISHED.

(a)The Office of Court Administration shall establish and administer a statewide behavioral health alternative sentencing program in cooperation with the Health and Human Services Commission, the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, the Board of Pardons and Paroles, local mental health and behavioral health authorities, community supervision and corrections departments, and juvenile probation departments.
(b)Beginning September 1, 2028, the program must operate statewide through certified county programs, multicounty regional programs, state-contracted placements, or a combination of those methods, subject to legislative appropriation and available certified capacity.
(c)Access may not depend solely on whether the county of conviction maintains a local specialty court.
Proposed New Code Provision — Sec. 131.003.

Sec. 131.003. OFFICE OF COURT ADMINISTRATION DUTIES.

The Office of Court Administration shall:
(1)certify participating courts and regional programs;
(2)adopt uniform legal and operational standards;
(3)maintain the confidential eligibility indicator required by Article 42B.257, Code of Criminal Procedure;
(4)develop model forms and orders;
(5)coordinate judicial and interdisciplinary training;
(6)collect and publish de-identified performance data;
(7)monitor compliance and corrective action; and
(8)administer grants appropriated for the program.
Proposed New Code Provision — Sec. 131.004.

Sec. 131.004. HEALTH AND HUMAN SERVICES COMMISSION DUTIES.

The Health and Human Services Commission shall:
(1)certify qualified treatment facilities;
(2)establish professional and facility standards;
(3)maintain a current statewide inventory of beds, outpatient capacity, and specialized services and a uniform statewide priority transfer list for persons awaiting funded placement;
(4)establish standards for co-occurring disorders and medication-assisted treatment;
(5)inspect providers and investigate complaints;
(6)coordinate Medicaid and other lawful reimbursement without making coverage a condition of access;
(7)establish patient-rights and grievance procedures; and
(8)ensure continuity of care following discharge or release.
Proposed New Code Provision — Sec. 131.005.

Sec. 131.005. TDCJ AND PAROLE DUTIES.

The Texas Department of Criminal Justice and Board of Pardons and Paroles shall:
(1)calculate felony release eligibility as though the conventional sentence were being served;
(2)provide supervision equivalent to the supervision applicable to the underlying sentence;
(3)adopt procedures for clinical readiness reports and release decisions;
(4)ensure that earned credit is accurately recorded; and
(5)coordinate transfer to conventional custody following termination.
Proposed New Code Provision — Sec. 131.006.

Sec. 131.006. QUALIFIED PROFESSIONAL STANDARDS; EXISTING SCOPE OF PRACTICE.

(a)A diagnosis, treatment recommendation, risk assessment, level-of-care recommendation, or clinical readiness determination under this chapter must be made by a person authorized under existing Texas law to perform that function for the applicable condition.
(b)Each professional must act within the lawful scope of the professional's license, certification, registration, or other authority.
(c)The Health and Human Services Commission may adopt rules implementing this section but may not expand or restrict a professional's scope of practice established by other law.
(d)Nothing in this chapter creates a new license or independent diagnostic authority.
Proposed New Code Provision — Sec. 131.007.

Sec. 131.007. FACILITY STANDARDS.

A qualified treatment facility must:
(1)be licensed or operated by an authorized governmental entity;
(2)provide evidence-based and clinically appropriate care;
(3)maintain adequate medical and behavioral health staffing;
(4)protect patient rights and confidentiality;
(5)provide medication-assisted treatment when clinically indicated;
(6)maintain emergency, suicide-prevention, and overdose-response capabilities;
(7)provide discharge and continuity-of-care planning;
(8)separate children from adults; and
(9)comply with inspection, reporting, and performance requirements.
Proposed New Code Provision — Sec. 131.008.

Sec. 131.008. REGIONAL ACCESS AND TRANSPORTATION.

(a)The office and commission shall prioritize regional arrangements for rural and smaller counties.
(b)Grants may be used for transportation, telehealth when clinically appropriate, mobile assessment, regional case management, transitional housing, and contracted treatment capacity.
(c)A participant should be placed reasonably near the participant's home community when clinically appropriate and consistent with victim and public safety.
Proposed New Code Provision — Sec. 131.009.

Sec. 131.009. FUNDING; INABILITY TO PAY.

(a)The legislature may appropriate money to the office, commission, department, and juvenile justice department to implement this chapter.
(b)The office may award formula and competitive grants to counties and regional programs.
(c)A program shall seek available federal funds, benefits, insurance payments, and other lawful reimbursement.
(d)A participant's inability to pay may not bar treatment or successful completion.
Proposed New Code Provision — Sec. 131.010.

Sec. 131.010. REQUIRED DATA.

For each referral and participant, the office shall collect de-identified data sufficient to evaluate:
(1)application, admission, denial, and reason for denial;
(2)offense level and criminal history;
(3)diagnosis category and co-occurring conditions;
(4)risk and needs level;
(5)treatment type, intensity, and duration;
(6)completion, termination, and reason for termination;
(7)new arrests, charges, convictions, or juvenile adjudications;
(8)substance use, overdose, emergency hospitalization, and mortality;
(9)housing, education, and employment outcomes;
(10)restitution;
(11)costs and avoided jail, prison, and juvenile-placement days; and
(12)outcomes one, three, and five years after admission and discharge.
Proposed New Code Provision — Sec. 131.011.

Sec. 131.011. EVALUATION.

(a)The office shall contract with an independent Texas public university or other qualified research organization to evaluate the program.
(b)The evaluation must:
(1)report outcomes for all admitted participants and not only graduates;
(2)compare participants with similarly situated persons receiving ordinary sentencing;
(3)separately analyze adults, children, mental health cases, substance use cases, and co-occurring cases;
(4)identify differences by county, race, ethnicity, sex, age, disability, and economic status while protecting identities;
(5)examine public safety, health, fiscal, and record-restoration outcomes; and
(6)recommend statutory and operational changes.
(c)The first report is due December 1, 2031, and subsequent reports are due every two years.
Proposed New Code Provision — Sec. 131.012.

Sec. 131.012. PUBLIC REPORT.

The office shall publish an annual de-identified report and submit it to the governor, lieutenant governor, speaker of the house of representatives, and standing committees with jurisdiction over criminal justice, juvenile justice, public health, and appropriations.
Proposed New Code Provision — Sec. 131.013.

Sec. 131.013. ADVISORY COUNCIL.

The Specialty Courts Advisory Council shall advise the office and participating agencies concerning standards, funding, regional access, evaluation, and best practices under this chapter.
Proposed New Code Provision — Sec. 131.014.

Sec. 131.014. RULEMAKING.

Not later than March 1, 2028, the Office of Court Administration, Health and Human Services Commission, Texas Department of Criminal Justice, Texas Juvenile Justice Department, and Board of Pardons and Paroles shall adopt coordinated rules necessary to implement this chapter and Chapter 42B, Code of Criminal Procedure.

ARTICLE 4. PAROLE AND RELEASE CONFORMITY

SECTION 4.01. GOVERNMENT CODE SECTION 508.1456 ADDED.

Subchapter E, Chapter 508, Government Code, is amended by adding Section 508.1456 to read as follows:
Proposed New Code Provision — Sec. 508.1456.

Sec. 508.1456. RELEASE OF PERSON SERVING BEHAVIORAL HEALTH ALTERNATIVE SENTENCE.

(a)For purposes of calculating parole eligibility and making a release decision, a person serving a felony alternative sentence under Chapter 42B, Code of Criminal Procedure, is considered to be serving the underlying sentence of confinement.
(b)The person's parole eligibility date must be calculated under the law otherwise applicable to the offense, including applicable good-conduct time.
(c)In addition to each factor ordinarily considered by a parole panel, the panel must receive the unanimous clinical release-panel recommendation required by Article 42B.202, Code of Criminal Procedure, before ordering release from an inpatient, secure, or residential treatment phase.
(d)Release is to a less restrictive treatment and supervision phase for the unexpired portion of the sentence.
(e)This section does not:
(1)guarantee parole;
(2)change the date on which the person becomes eligible for parole;
(3)authorize confinement beyond the maximum expiration date; or
(4)limit the panel's authority to impose lawful conditions of release.

ARTICLE 5. FIRST-OFFENSE EXPUNCTION

SECTION 5.01. ARTICLE 55A.007 ADDED.

Subchapter A, Chapter 55A, Code of Criminal Procedure, is amended by adding Article 55A.007 to read as follows:
Proposed New Code Provision — Art. 55A.007.

Art. 55A.007. SUCCESSFUL COMPLETION OF FIRST BEHAVIORAL HEALTH ALTERNATIVE SENTENCE.

(a)A person is entitled to have all records and files relating to the arrest, prosecution, conviction, alternative sentence, setting aside of the judgment, and dismissal expunged if:
(1)the person successfully completed a first-offense alternative sentence under Chapter 42B;
(2)the judgment was set aside and the charging instrument dismissed under Article 42B.252; and
(3)the person has not previously received an expunction under this article; and
(4)the person satisfies the abstinence requirement of Article 42B.251(a) or has completed the two-year verified abstinence period required by Article 42B.251(b).
(b)The entitlement applies notwithstanding that the charge previously resulted in a final conviction, court-ordered supervision, or a sentence under Chapter 42B.
(c)The person's inability to pay a fine, fee, or cost other than restitution does not defeat entitlement.
(d)An eligibility indicator maintained under Article 42B.257 is not a record or file subject to expunction under this chapter. The indicator may be retained and used only as authorized by that article.

SECTION 5.02. ARTICLE 55A.207 ADDED.

Subchapter E, Chapter 55A, Code of Criminal Procedure, is amended by adding Article 55A.207 to read as follows:
Proposed New Code Provision — Art. 55A.207.

Art. 55A.207. AUTOMATIC ORDER AFTER BEHAVIORAL HEALTH ALTERNATIVE SENTENCE.

(a)Not later than the 30th day after the court sets aside the judgment and dismisses the case under Article 42B.252, the court shall enter an expunction order on behalf of the person entitled to expunction under Article 55A.007.
(b)Prosecutorial consent is not required.
(c)The person is not required to file a petition, pay a filing fee, or pay another cost for the expunction.
(d)The attorney representing the state shall prepare the order using information supplied by the court, the person, the Department of Public Safety, and other agencies. Failure of the person to provide information already reasonably available to a governmental entity does not defeat entitlement.
(e)An order under this article is governed by the notice, disposition, confidentiality, and effect provisions of this chapter.

SECTION 5.03. CONFORMING EXPUNCTION AMENDMENTS.

The Texas Legislative Council shall prepare conforming amendments to Articles 55A.201 through 55A.207, 55A.301, 55A.351 through 55A.357, and 55A.401 and 55A.402, Code of Criminal Procedure, necessary to implement Articles 55A.007 and 55A.207 as added by this Act.

ARTICLE 5A. SECOND-OFFENSE NONDISCLOSURE

SECTION 5A.01. GOVERNMENT CODE SECTION 411.0741 ADDED.

Subchapter E-1, Chapter 411, Government Code, is amended by adding Section 411.0741 to read as follows:
Proposed New Code Provision — Sec. 411.0741.

Sec. 411.0741. SECOND BEHAVIORAL HEALTH ALTERNATIVE SENTENCE.

(a)Except as provided by Subsection (b), a person who successfully completes a second-offense alternative sentence under Chapter 42B, Code of Criminal Procedure, may petition the court that placed the person under the sentence for an order of nondisclosure of criminal history record information after the second anniversary of discharge.
(b)A person is not eligible under this section if the second eligible offense involved family violence.
(c)The court shall issue the order if, after notice to the attorney representing the state and an opportunity for hearing, the court finds that:
(1)the petitioner satisfies Article 42B.253(c), Code of Criminal Procedure;
(2)issuance is in the interest of justice; and
(3)issuance is consistent with public safety.
(d)The order does not apply to the confidential eligibility indicator maintained under Article 42B.257, Code of Criminal Procedure.
(e)A record subject to the order remains available to criminal justice agencies and other governmental entities authorized by this chapter and may be used to determine eligibility, punishment, and public-safety conditions in a later criminal or juvenile proceeding.
(f)Except as provided by this section, an order under this section is governed by this subchapter.

ARTICLE 6. JUVENILE BEHAVIORAL HEALTH ALTERNATIVE DISPOSITION

SECTION 6.01. FAMILY CODE CHAPTER 54A ADDED.

Title 3, Family Code, is amended by adding Chapter 54A to read as follows:

CHAPTER 54A. BEHAVIORAL HEALTH ALTERNATIVE DISPOSITION

Proposed New Code Provision — Sec. 54A.001.

Sec. 54A.001. PURPOSE; APPLICATION.

(a)This chapter establishes a behavioral health alternative disposition for a child adjudicated as having engaged in eligible delinquent conduct.
(b)The disposition is imposed after adjudication and is not voluntary diversion.
(c)Except as provided by this chapter, Chapter 42B, Code of Criminal Procedure, applies to the extent suitable to juvenile proceedings, with references to conviction, defendant, sentence, and expunction construed as references to adjudication, child, disposition, and sealing.
Proposed New Code Provision — Sec. 54A.002.

Sec. 54A.002. ELIGIBLE CONDUCT.

(a)Conduct is eligible if, had the child been prosecuted as an adult, the conduct would constitute an eligible offense under Article 42B.051, Code of Criminal Procedure.
(b)Conduct excluded by Article 42B.052, Code of Criminal Procedure, is not eligible.
(c)A child transferred for criminal prosecution under Section 54.02 is governed by Chapter 42B, Code of Criminal Procedure.
Proposed New Code Provision — Sec. 54A.003.

Sec. 54A.003. CLINICAL ELIGIBILITY.

(a)The juvenile court must find that:
(1)the child has a qualifying mental illness, serious emotional disturbance, qualifying substance use disorder, alcohol use disorder, or co-occurring disorder;
(2)the condition significantly contributed to the conduct;
(3)treatment is reasonably expected to reduce repeated delinquent or criminal conduct;
(4)the proposed placement can safely manage the child; and
(5)the disposition is in the child's best interest and consistent with public safety.
(b)A serious emotional disturbance must be diagnosed under standards adopted by the Health and Human Services Commission and Texas Juvenile Justice Department.
Proposed New Code Provision — Sec. 54A.004.

Sec. 54A.004. FIRST, SECOND, AND THIRD EPISODES.

(a)For a first eligible episode, the court may impose the disposition for a qualifying mental illness, serious emotional disturbance, substance use disorder, alcohol use disorder, or co-occurring disorder.
(b)For a second eligible episode, the court may impose the disposition only for a qualifying mental illness or serious emotional disturbance independent of a substance use disorder that significantly contributed to the conduct.
(c)The disposition is unavailable for a third or subsequent eligible episode.
(d)An episode count under this section includes qualifying adult convictions and dispositions as provided by Article 42B.055, Code of Criminal Procedure.
Proposed New Code Provision — Sec. 54A.005.

Sec. 54A.005. ASSESSMENT AND HEARING.

(a)The court shall order a developmentally appropriate clinical, risk, educational, family, and treatment-needs assessment.
(b)The child is entitled to counsel at each material proceeding.
(c)The court shall provide the child, the child's attorney, the prosecuting attorney, and the parent, guardian, or custodian notice and an opportunity to be heard.
(d)The child's consent is not required after adjudication.
(e)Family participation must be encouraged when safe and clinically appropriate but may not be required when participation would endanger the child, undermine treatment, or be contrary to the child's best interest.
Proposed New Code Provision — Sec. 54A.006.

Sec. 54A.006. DISPOSITION ORDER.

(a)The court may place the child on probation and order the child to serve a behavioral health alternative disposition in lieu of commitment or placement otherwise authorized by Section 54.04.
(b)The court shall specify the period the child would otherwise have served under probation, placement, or commitment and shall impose an equivalent period of treatment and supervision, subject to the jurisdictional limits of Title 3.
(c)The order must include:
(1)the initial level of care;
(2)school attendance and educational continuity;
(3)special education coordination when applicable;
(4)age-appropriate mental health or substance use treatment;
(5)family services when appropriate;
(6)housing, transportation, and community supports;
(7)victim safety and restitution;
(8)criteria for movement between treatment phases;
(9)a reentry and aftercare plan; and
(10)a maximum expiration date.
(d)A family may not be denied the disposition because of inability to pay.
Proposed New Code Provision — Sec. 54A.007.

Sec. 54A.007. PLACEMENT AND REVIEW.

(a)A residential placement must be licensed, developmentally appropriate, and separate from adult participants.
(b)The court shall use the least restrictive clinically appropriate placement consistent with public safety.
(c)The court shall conduct periodic review at the intervals prescribed by Article 42B.153, Code of Criminal Procedure.
(d)The child is entitled to credit for time in detention, secure stabilization, inpatient care, or residential treatment as provided by law.
Proposed New Code Provision — Sec. 54A.008.

Sec. 54A.008. RELEASE AND STEP-DOWN.

(a)Eligibility for release or step-down must occur on the same timetable that would apply to the underlying juvenile disposition.
(b)Before release from secure or residential treatment, the court must receive a unanimous developmentally appropriate clinical release-panel recommendation addressing the matters stated in Article 42B.202, Code of Criminal Procedure.
(c)The juvenile court retains the legal release decision unless another agency has release authority under the underlying disposition.
(d)The child remains subject to treatment and supervision for the unexpired disposition period.
Proposed New Code Provision — Sec. 54A.009.

Sec. 54A.009. RELAPSE, NONCOMPLIANCE, AND CREDIT.

(a)A first confirmed noncriminal prohibited-use violation does not automatically require revocation but triggers developmentally appropriate graduated responses and the credit rules of Article 42B.152, Code of Criminal Procedure.
(b)After a first material violation, the court may deny credit only for time after the violation through restored compliance. After a second material violation, the court may forfeit all noncustodial credit accumulated in the affected treatment phase.
(c)Credit for detention, secure stabilization, inpatient care, or residential treatment may not be forfeited.
(d)The court shall consider treatment modification before termination unless immediate action is necessary for safety.
(e)A material increase in restriction, denial or forfeiture of credit, or termination requires notice, counsel, a hearing, and written findings.
Proposed New Code Provision — Sec. 54A.010.

Sec. 54A.010. SUCCESSFUL COMPLETION.

(a)Except as provided by Subsection (b), the court shall find successful completion if the child:
(1)completes the disposition and clinically required treatment;
(2)has no new adjudication or conviction for conduct occurring during the disposition, excluding a fine-only traffic offense;
(3)has no confirmed unauthorized use of an illegal drug, controlled prescription, inhalant, alcohol when prohibited by the applicable treatment track or order, or other prohibited substance during the entire disposition;
(4)substantially complies with education, supervision, treatment, and testing;
(5)completes restitution or all payments the court finds the child and family had the ability to make; and
(6)has an approved continuing-care plan.
(b)A child with one confirmed unauthorized-use violation who later completes the disposition and remains continuously and verifiably abstinent for two years after that use may receive first-episode sealing under Section 54A.011. The juvenile court retains limited jurisdiction solely to verify abstinence and enter the sealing order, but the limited jurisdiction does not authorize continued custody or supervision beyond the lawful disposition period.
(c)A child with two or more confirmed unauthorized-use violations is not eligible for automatic sealing under Section 54A.011.
Proposed New Code Provision — Sec. 54A.011.

Sec. 54A.011. FIRST-EPISODE DISCHARGE AND SEALING.

(a)On successful completion of a first-episode disposition, the court shall:
(1)discharge the child;
(2)dismiss the petition with prejudice;
(3)vacate the adjudication; and
(4)order all records relating to the taking into custody, referral, adjudication, disposition, treatment, dismissal, and discharge sealed without an application or fee.
(b)The sealing order has the effect provided by Chapter 58.
(c)A confidential eligibility indicator may be retained under Article 42B.257, Code of Criminal Procedure, solely to administer first-, second-, and third-episode eligibility.
Proposed New Code Provision — Sec. 54A.012.

Sec. 54A.012. SECOND-EPISODE DISCHARGE; RECORDS.

(a)On successful completion of a second-episode disposition, the court shall discharge the child.
(b)The adjudication may not be vacated under this chapter, and automatic sealing under Section 54A.011 is unavailable.
(c)Except for an adjudication involving family violence, the child may seek sealing after a two-year crime-free period under Chapter 58 and standards substantially equivalent to Article 42B.253, Code of Criminal Procedure.
(d)A second-episode adjudication involving family violence remains public to the extent provided by otherwise applicable juvenile-records law.
Proposed New Code Provision — Sec. 54A.013.

Sec. 54A.013. THIRD OR SUBSEQUENT EPISODE.

A child adjudicated for a third or subsequent eligible episode is not eligible for a disposition under this chapter but remains eligible for clinically necessary treatment under other law.
Proposed New Code Provision — Sec. 54A.014.

Sec. 54A.014. CONFIDENTIALITY.

Clinical records under this chapter are confidential and must be maintained separately from records open to inspection under another provision of Title 3.
Proposed New Code Provision — Sec. 54A.015.

Sec. 54A.015. RULES AND DATA.

The Texas Juvenile Justice Department, Office of Court Administration, and Health and Human Services Commission shall adopt coordinated rules and include juvenile program data in the reporting and evaluation required by Chapter 131, Government Code.

SECTION 6.02. FAMILY CODE SECTION 58.2535 ADDED.

Subchapter C-1, Chapter 58, Family Code, is amended by adding Section 58.2535 to read as follows:
Proposed New Code Provision — Sec. 58.2535.

Sec. 58.2535. AUTOMATIC SEALING AFTER BEHAVIORAL HEALTH ALTERNATIVE DISPOSITION.

(a)A juvenile court shall order records sealed as required by Section 54A.011 without an application, hearing, fee, or certification from the Department of Public Safety.
(b)The clerk shall send the order to each entity known to possess a record not later than the 10th business day after entry.
(c)Except for the confidential eligibility indicator authorized by Section 54A.011(c), the order applies to all law enforcement, prosecutorial, court, probation, detention, treatment-disposition, and juvenile justice records relating to the episode.
(d)A person whose records are sealed under this section may deny the occurrence of the matter and the sealed adjudication except when disclosure is expressly required by state or federal law.

ARTICLE 7. INTERAGENCY IMPLEMENTATION

SECTION 7.01. IMPLEMENTATION COMMITTEE.

(a)The Office of Court Administration shall convene an implementation committee not later than December 1, 2027.
(b)The committee must include representatives of:
(1)the Office of Court Administration;
(2)the Health and Human Services Commission;
(3)the Texas Department of Criminal Justice;
(4)the Texas Juvenile Justice Department;
(5)the Board of Pardons and Paroles;
(6)district and county court judges;
(7)prosecutors;
(8)criminal and juvenile defense attorneys;
(9)community supervision and corrections departments;
(10)juvenile probation departments;
(11)sheriffs and municipal law enforcement;
(12)local mental health and behavioral health authorities;
(13)licensed treatment providers;
(14)crime victims and victim advocates;
(15)former treatment-court or behavioral-health participants;
(16)rural counties; and
(17)persons with expertise in program evaluation and data privacy.
(c)The committee shall advise the responsible agencies concerning rules, forms, provider capacity, confidentiality, victim safety, fiscal needs, and phased implementation.

SECTION 7.02. MODEL FORMS.

The Office of Court Administration shall publish model forms for referral, assessment orders, eligibility findings, judgments, individualized treatment plans, status reports, clinical readiness reports, release decisions, termination orders, completion orders, expunction orders, and juvenile sealing orders not later than June 1, 2028.

SECTION 7.03. TRAINING.

A court may not impose an alternative sentence or disposition until the judge and designated program personnel complete training approved by the Office of Court Administration.

SECTION 7.04. CAPACITY REPORT.

Not later than December 1, 2027, the Health and Human Services Commission and Texas Juvenile Justice Department shall submit to the legislature a report identifying:
(1)existing adult and juvenile treatment capacity;
(2)geographic gaps;
(3)anticipated statewide referrals;
(4)workforce requirements;
(5)transportation and housing needs;
(6)estimated state and local costs;
(7)potential Medicaid, federal, insurance, and grant funding; and
(8)appropriations required for statewide implementation.

ARTICLE 8. CONFORMING AMENDMENTS AND LEGISLATIVE COUNCIL REVIEW

SECTION 8.01. REQUIRED CONFORMING AMENDMENTS.

Before filing, this draft must be conformed to current law by express amendments, as necessary, to:
(1)Article 16.22, Code of Criminal Procedure, concerning early identification and assessment;
(2)Article 37.07, Code of Criminal Procedure, concerning punishment assessed by a judge or jury;
(3)Chapters 42 and 42A, Code of Criminal Procedure, concerning judgments, sentences, community supervision, mental health treatment, and substance abuse felony punishment facilities;
(4)Chapters 46B and 46C, Code of Criminal Procedure, concerning competency and insanity proceedings;
(5)Chapter 55A, Code of Criminal Procedure, concerning expunction;
(6)Chapter 56A, Code of Criminal Procedure, concerning crime victims' rights;
(7)Chapters 76, 121, 123, and 125, Government Code, concerning supervision departments and specialty courts;
(8)Chapters 493 and 508, Government Code, concerning correctional treatment, parole, and mandatory supervision;
(9)Chapters 51, 54, 58, and 59, Family Code, concerning juvenile proceedings, dispositions, records, and progressive sanctions;
(10)applicable Health and Safety Code provisions concerning facility licensing, behavioral health services, informed consent, and confidentiality; and
(11)applicable Occupations Code provisions concerning the scope of practice of qualified professionals.

SECTION 8.02. NO IMPLIED REPEAL.

This Act may not be construed to repeal or limit an existing treatment, specialty-court, community-supervision, juvenile-disposition, parole, or correctional-treatment option unless a provision of this Act expressly provides otherwise.

ARTICLE 9. TRANSITION, APPLICABILITY, AND EFFECTIVE DATE

SECTION 9.01. PROSPECTIVE APPLICATION.

(a)Except as provided by Subsection (b), the changes in law made by this Act apply only to an offense or delinquent conduct committed on or after September 1, 2028.
(b)A court may apply this Act to a case pending on September 1, 2028, in which guilt or delinquent conduct has been adjudicated but sentence or disposition has not been imposed, if application does not impair a right protected by the Texas Constitution or United States Constitution.
(c)An offense or conduct was committed before September 1, 2028, if any element occurred before that date.

SECTION 9.02. PROGRAM IMPLEMENTATION DATE.

The statewide program shall begin operating on September 1, 2028. A court may impose an alternative sentence or disposition on or after that date if:
(1)the court or regional program has been certified;
(2)required personnel have completed training;
(3)statewide placement and transfer procedures are operational; and
(4)the applicable rules and forms are in effect.

SECTION 9.03. EFFECTIVE DATE.

This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2027.
Version 2 drafting and review notes — not part of the bill

Conversion and review status

Conversion scope: the attached Version 2 markdown controls. No policy provision or unfinished conforming instruction has been silently removed or replaced. Article 5A and all source numbering are retained.

Presentation edits only: Markdown emphasis and heading markers removed; numeric Markdown lists converted to statutory (1), (2) labels and nested (A), (B) labels; bill-section headings combined with amendatory recitals; new code language underlined. No deleted statutory language is supplied because the source specifies additions rather than textual replacements.

Status: preliminary policy draft for TLC review, not filed and not certified filing-ready. Section 5.03 and Section 8.01 remain unfinished drafting instructions in the source-text body; exact conforming amendments and final codification require further work.

Author attribution: Will Campbell, Republican candidate for Texas House District 109. The formal By line and H.B. number remain blank. The specimen's representative title is not represented as a current office held.

The original Version 2 review notes and five inline drafting notes are retained below, outside the proposed legislative text. Underlining identifies proposed new statutory language, not changes from Version 1.

Technical issue flagged, not corrected: Article 55A.207(a) measures the automatic-order deadline from dismissal, while Articles 42B.251(b) and 42B.252(a)(5) permit later expunction following verified abstinence. The trigger for a delayed expunction order should be harmonized during TLC review.

HTML new-provision highlights identify all proposed additions to codes, not a counted comparison of Version 2 against Version 1. Browser rendering and live Squarespace integration have not been visually tested.

Source inline drafting notes

CHAPTER 131. BEHAVIORAL HEALTH ALTERNATIVE SENTENCING PROGRAM

Drafting note: Chapter 131 is used as the next apparent chapter number following current specialty-court chapters. The Texas Legislative Council must confirm final codification and numbering.

Sec. 508.1456. RELEASE OF PERSON SERVING BEHAVIORAL HEALTH ALTERNATIVE SENTENCE.

Drafting note: The Texas Legislative Council must confirm that Section 508.1456 remains available and complete all parole, mandatory-supervision, good-time, and TDCJ cross-references.

SECTION 5.03. CONFORMING EXPUNCTION AMENDMENTS.

Drafting note: Section 5.03 is an instruction for Version 2 review, not final amendatory text. Current Chapter 55A and amendments enacted by the 89th Legislature must be harmonized line by line before filing.

Sec. 58.2535. AUTOMATIC SEALING AFTER BEHAVIORAL HEALTH ALTERNATIVE DISPOSITION.

Drafting note: The Texas Legislative Council must confirm the section number and harmonize this provision with the complete automatic-sealing procedures in Chapter 58.

SECTION 8.02. NO IMPLIED REPEAL.

Drafting note: Article 8 intentionally preserves a transparent checklist of unfinished conforming work. Each item must be replaced, where necessary, with exact amendatory sections before a committee-ready draft is produced.

Original Version 2 review notes

These notes are not part of the proposed statutory text. Except for the changes identified below and conforming edits necessary to implement them, Version 2 retains the provisions of Version 1.

Approved policy changes incorporated in Version 2

- Added nonviolent third-degree felonies to the general eligible-offense range.

- Added carefully limited eligibility for Class A and third-degree assaultive conduct without serious bodily injury, a deadly weapon, strangulation, sexual conduct, kidnapping, stalking, continuous family violence, or another specified aggravating circumstance.

- Allowed qualifying first- and second-episode nonaggravated family-violence assaults under heightened clinical findings, a specialized lethality assessment, and a written victim-safety plan.

- Created a distinct alcohol use disorder track and permitted misdemeanor DWI, while excluding child-passenger DWI, felony DWI, intoxication assault, and intoxication manslaughter.

- Added a narrow adult noncommercial social-sharing exception for low-tier controlled-substance delivery without remuneration, commercial indicators, child involvement, death, overdose, or serious bodily injury.

- Made a jury's selection of conventional confinement or alternative treatment binding when the jury assesses punishment, while allowing the jury to delegate the choice to the judge.

- Confirmed that prior qualifying convictions and juvenile adjudications count, including a prior alternative sentence or disposition later dismissed, expunged, or sealed.

- Required no prohibited use during the entire sentence. One confirmed use permits later first-offense expunction only after successful completion and two years of verified abstinence; two confirmed uses bar that expunction.

- Created special second-offense nondisclosure after a two-year crime-free waiting period, except that an eligible family-violence case remains public.

- Deferred professional qualifications to existing Texas scope-of-practice law.

- Required a unanimous three-professional clinical release recommendation, including the attending professional and two reviewers, at least one independent of the facility; dissenting reasons must be written and reviewable.

- Required statewide implementation beginning September 1, 2028.

- Made placement contingent on appropriated capacity and required service of the conventional sentence while awaiting a funded treatment placement.

- Required lifetime retention of a minimal confidential eligibility indicator.

- Separated alcohol use disorder from other substance use disorders.

- After a first material violation, forfeited only noncustodial time after the violation until restored compliance; after a second material violation, authorized forfeiture of all noncustodial credit in the affected phase. Custodial and residential credit remains protected.

Technical work required before filing

- Confirm every proposed article, section, chapter, and subchapter number against statutes current through the filing date.

- Replace Article 8's conforming-amendment checklist with exact amendatory language.

- Harmonize Chapter 55A with all 89th Legislature expunction amendments, including S.B. 1667.

- Harmonize proposed Section 411.0741 with all eligibility, access, dissemination, and procedure provisions in Government Code Chapter 411.

- Determine whether placement should be administered primarily through TDCJ, HHSC, counties, or a shared-custody structure.

- Complete constitutional analysis of nonconsensual placement, medical autonomy, due process, equal protection, binding jury-assessed punishment, forfeiture of noncustodial credit, and the clinical prerequisite for release.

- Obtain a fiscal note addressing statewide treatment capacity, workforce, transportation, supervision, delayed placement, data systems, record relief, and evaluation.

- Verify interaction with Medicaid's inmate-exclusion rules and federal confidentiality requirements for substance use treatment records.

- Obtain Texas Legislative Council review for caption sufficiency, single-subject compliance, amendatory form, transition language, codification, and all conforming amendments.

Primary drafting anchors

- Texas Code of Criminal Procedure, Articles 16.22 and 37.07 and Chapters 42A and 55A.

- Texas Government Code, Subtitle K, Chapters 121, 123, and 125, and Chapter 508.

- Texas Family Code, Chapters 51, 54, and 58.

- Texas Legislative Council, *Drafting Manual*, 89th Legislature.