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RULE §159.1Substance Abuse Felony Punishment Facilities Eligibility Criteria

(a) Offenders with a United States Immigration and Customs Enforcement detainer are not eligible to participate. Offenders with a felony detainer are not eligible to participate unless the jurisdiction that placed the detainer agrees not to seek custody of the offender until after the program and continuum of care requirements have been completed. Exceptions may be made on a case-by-case basis. Offenders sentenced to a prison term and ordered to participate in a substance abuse felony punishment facility (SAFPF) program as a condition of community supervision shall be transferred to a SAFPF six to nine months prior to their projected release date on the sentence.

(b) Offenders shall be physically and mentally capable of uninterrupted participation in a rigorous, stressful, and confrontational therapeutic community program. Offenders with special medical or behavioral health needs shall meet the eligibility criteria for a Special Needs SAFPF as defined in both the Community Justice Assistance Division's (CJAD's) CJAD/SAFPF Procedure Manual and the Substance Abuse Treatment Operations Manual.

(c) Offenders who have signs or symptoms of acute drug or alcohol withdrawal or who require detoxification are not eligible to participate until they have detoxified.

(d) Pretrial detainees are eligible to participate if ordered to do so pursuant to a drug court program established under Texas Government Code §§123.001 - 123.009 or a similar program. A pretrial detainee is not eligible to participate in a SAFPF program unless the detainee has been unsuccessfully discharged from an outpatient substance abuse treatment program and a residential substance abuse treatment facility, if available, as a condition of a pretrial order for the charges that are currently pending.

(e) Offenders convicted of offenses for which sex offender registration is required are not eligible to participate.

(f) Offenders under the age of 18 are not eligible to participate.

Source Note: The provisions of this §159.1 adopted to be effective February 11, 1994, 19 TexReg 634; amended to be effective October 24, 1999, 24 TexReg 9053; amended to be effective June 16, 2008, 33 TexReg 4683; amended to be effective July 7, 2010, 35 TexReg 5901; amended to be effective July 15, 2013, 38 TexReg 4512; amended to be effective September 14, 2017, 42 TexReg 4659

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