Texas Code of Criminal Procedure 42.036 – Community Service
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(a) A court may require a defendant, other than a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, to serve all or part of a sentence of confinement or period of confinement required as a condition of community supervision in county jail by performing community service rather than by being confined in county jail unless the sentence of confinement was imposed by the jury in the case.
(b) In its order requiring a defendant to participate in community service work, the court must specify:
Terms Used In Texas Code of Criminal Procedure 42.036
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Week: means seven consecutive days. See Texas Government Code 311.005
(1) the number of hours the defendant is required to work; and
(2) the entity or organization for which the defendant is required to work.
(c) The court may order the defendant to perform community service work under this article only for a governmental entity or a nonprofit organization that provides services to the general public that enhance social welfare and the general well-being of the community. A governmental entity or nonprofit organization that accepts a defendant under this section to perform community service must agree to supervise the defendant in the performance of the defendant’s work and report on the defendant’s work to the community supervision and corrections department or court-related services office.
(d) The court may require bail of a defendant to ensure the defendant’s faithful performance of community service and may attach conditions to the bail as it determines are proper.
(e) A court may not order a defendant who is employed to perform more than 16 hours per week of community service under this article unless the court determines that requiring the defendant to work additional hours does not work a hardship on the defendant or the defendant’s dependents. A court may not order a defendant who is unemployed to perform more than 32 hours per week of community service under this article, but may direct the defendant to use the remaining hours of the week to seek employment.
(f) A defendant is considered to have served one day in jail for each eight hours of community service performed under this article.
(g) Deleted by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.
(h) Repealed by Acts 1995, 74th Leg., ch. 76, Sec. 3.14, eff. Sept. 1, 1995.