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.
Dallas criminal lawyer Constantine Anagnostis dedicates his practice to people who are facing criminal charges, with a primary emphasis on DWI, Drug Offenses, Expunction & Nondisclosure Agreements, and Occupational Driver’s License Issues. Dallas criminal lawyer Constantine G. Anagnostis understands the law, procedures, and penalties pertaining to criminal law, and will aggressively fight to protect your rights. You may call 817-229-0319 to schedule a free consultation, or submit a sample case form. At DFW Criminal Lawyers, L.L.C., we look forward to helping you.