Texas Code of Criminal Procedure 42.035 – Electronic Monitoring; House Arrest
(a) A court may require a defendant to serve all or part of a sentence of confinement in county jail by participating in an electronic monitoring program rather than being confined in the county jail, if the program:
(1) is operated by a community supervision and corrections department that serves the county in which the court is located and has been approved by the community justice assistance division of the Texas Department of Criminal Justice; or
(2) is operated by the commissioners court of the county, or by a private vendor under contract with the commissioners court, under § 351.904, Local Government Code, if the defendant has not been placed on community supervision.
(b) A judge, at the time of the pronouncement of a sentence of confinement or at any time while the defendant is serving the sentence, on the judge’s own motion or on the written motion of the defendant, may permit the defendant to serve the sentence under house arrest, including electronic monitoring and any other conditions the court chooses to impose, during the person‘s off-work hours. The judge may require bail of the defendant to ensure the faithful performance of the sentence.
Terms Used In Texas Code of Criminal Procedure 42.035
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The court may require the defendant to pay to the community supervision and corrections department or the county any reasonable cost incurred because of the defendant’s participation in the house arrest program, including the cost of electronic monitoring.
(d) A defendant who submits to electronic monitoring or participates in the house arrest program under this article discharges a sentence of confinement in the same manner as if the defendant were confined in county jail.
(e) A court may revoke a defendant’s participation in an electronic monitoring program and require the defendant to serve the remainder of the defendant’s sentence of confinement in county jail if the defendant violates a condition imposed by a court under this article, including a condition requiring the defendant to pay for participating in the program under Subsection (c).