1. (a) Offenders with a detainer filed by the United States Immigration and Customs Enforcement, or a felony detainer, or misdemeanor detainer, or pending charges except as noted in subsection (d) below are not eligible to participate unless the jurisdiction that placed the detainer agrees not to seek custody of the defendant until after the program and continuum of care requirements have been completed. Exceptions may be made on a case by case basis for offenders whose sentences are being served concurrently, provided that the sentence length is the same or less than the term of confinement in the SAFPF.
2. (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 psychological needs shall meet the eligibility criteria for the Special Needs SAFPF as defined in both the Community Justice Assistance Division CJAD/SAFPF Procedure Manual and the Substance Abuse Treatment Operations Manual.
3. (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.
4. (d) Pretrial detainees are eligible to participate if ordered to do so pursuant to a drug court program established under Chapter 469, Health and Safety Code, or a similar program. The detainee must have already been ordered to participate in an outpatient substance abuse treatment program or a residential substance abuse treatment facility, if available, as a condition of a pretrial order for the charges that are currently pending and has been unsuccessfully discharged from both programs.
5. (e) Offenders convicted of offenses for which sex offender registration is required 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.