SUBSTANCE ABUSE FELONY PUNISHMENT

Dallas Criminal Lawyer

Dallas Criminal Lawyer | Fort Worth Criminal Lawyer 

The state may agree to recommend that a judge place an eligible defendant in a substance abuse felony punishment facility for 90 days -12 months as a condition of community supervision.  The state may also recommend that a defendant be confined in county jail until transfer to a SAFPE.  A SPAFE is a secure facility used to confine and treat a defendant with drug and alcohol treatment programs run by qualified professionals employed by, or under contract with the Texas Department of Criminal Justice.  A defendant is eligible for placement in a SAFPF if:

  • he is on community supervision (deferred adjudication or post conviction)
  • the offense is a felony offense other than indecency with a child, sexual assault, aggravated sexual assault, or criminal attempt of these offenses;
  • drug or alcohol abuse significantly contributed to the commission of the offense or violation of a condition of supervision; and
  • the defendant meets the suitability criteria established by the Board of Criminal Justice.

To meet the suitability criteria, a defendant must:

  • have no detainer or pending charge, unless the state agrees not to seek custody of the defendant on the pending charge until treatment is completed;
  • be physically and mentally capable of completing the therapeutic community program; and
  • not have signs or symptoms of acute chemical withdrawal or need for detoxication.
A defendant who has special medical or psychological needs also must meet the eligibility criteria for admission to the Special Needs SAFPE.