(a) A judge of a court having geographical jurisdiction where a defendant resides or where the defendant violates a condition of community supervision may issue a warrant for the defendant's arrest. On receipt of the statement, the court shall consider whether the defendant's financial status or required payments have changed in such a way that the defendant's ability to make a payment previously ordered by the court is substantially hindered. endobj 42A.111. (e) A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for earning the following diplomas, certificates, or degrees: (1) a high school diploma or high school equivalency certificate: 90 days; and. September 1, 2017. (f) Instead of requiring the defendant to work a specified number of hours at one or more community service projects under Subsection (a), the judge may order a defendant to make a specified donation to: (1) a nonprofit food bank or food pantry in the community in which the defendant resides; (2) a charitable organization engaged primarily in performing charitable functions for veterans in the community in which the defendant resides; or. Motions to revoke probation may be requested by your probation officer at any time if your probation officer believes you have violated any term or condition of your probation. Please contact Keitra Davis, Judicial Assistant by email at [email protected] to schedule a bond hearing on all County Criminal Domestic Violence cases, even if formal charges have not been filed 2 915 (H.B. Art. . September 1, 2017. Art. (3) traveling to and from work, if applicable. 2, eff. SUBSTANCE ABUSE FELONY PROGRAM. 413 (S.B. (b) In all other cases, the judge may grant deferred adjudication community supervision unless: (1) the defendant is charged with an offense: (A) under Section 20A.02, 20A.03, 49.045, 49.05, 49.065, 49.07, or 49.08, Penal Code; (B) under Section 49.04 or 49.06, Penal Code, and, at the time of the offense: (i) the defendant held a commercial driver's license or a commercial learner's permit; or. These programs include group health plans for medical and dental coverage; an Employee Assistance Program (EAP); life; short- term disability and long-term disability insurance; and flexible spending accounts for health care and dependent care reimbursements. The Department of Public Safety shall remit all fees collected under this subsection to the comptroller for deposit in the general revenue fund. September 1, 2021. 1997) (right of allocution, in Rule 32, applies at revocation proceeding). (b) A judge may not deny community supervision to a defendant based solely on the defendant's inability to speak, read, write, hear, or understand English. Bailey v. State :: 2004 :: Texas Court of Criminal Appeals Decisions The determination to proceed with an adjudication of guilt on the original charge is reviewable in the same manner as a revocation hearing conducted under Article 42A.751(d) in a case in which the adjudication of guilt was not deferred. 42A.154. (a) On a showing of good cause, the judge may extend a period of community supervision under Article 42A.752(a)(2) as frequently as the judge determines is necessary, but the period of community supervision in a first, second, or third degree felony case may not exceed 10 years and, except as otherwise provided by Subsection (b), the period of community supervision in a misdemeanor case may not exceed three years. MEDICAL RELEASE. COMMUNITY SUPERVISION FOR GRAFFITI OFFENSE. 790 (H.B. 42A.607. Art. 2, eff. (b) Before the expiration of the 180-day period described by Subsection (a), the judge of the court that imposed the sentence described by that subsection may, on the judge's own motion, on the motion of the attorney representing the state, or on the written motion of the defendant, suspend further execution of the sentence and place the defendant on community supervision under the terms and conditions of this chapter if: (1) in the opinion of the judge, the defendant would not benefit from further imprisonment; (2) the defendant is otherwise eligible for community supervision under this chapter; and. COMMUNITY SERVICE. (b) If a postsentence report is ordered, the supervision officer shall send the report to the clerk of the court not later than the 30th day after the date on which sentence is pronounced or deferred adjudication community supervision is granted. Acts 2017, 85th Leg., R.S., Ch. (5) Appearance in a District Lacking Jurisdiction. 948 (S.B. (2) if the defendant is an applicant for or the holder of a license under Chapter 42, Human Resources Code, the Department of Family and Protective Services may consider the fact that the defendant previously has received community supervision under this chapter in issuing, renewing, denying, or revoking a license under Chapter 42, Human Resources Code. Art. 14, eff. (c) The judge is not required to direct a supervision officer to prepare a presentence report in a felony case if: (1) punishment is to be assessed by a jury; (2) the defendant is convicted of or enters a plea of guilty or nolo contendere to capital murder; (3) the only available punishment is imprisonment; or. POSTSENTENCE REPORT. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION FOR ORDER OF NONDISCLOSURE. AUTHORITY TO SUSPEND EXECUTION OF SENTENCE IN FELONY CASES. 1488), Sec. This hearing may be waived by the probationer. SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION. /CA 1.0 (1) the minimum period of community supervision is the same as the minimum term of imprisonment applicable to the offense; and. (a) On conviction of an offense punishable as a Class C misdemeanor under Section 42.01, Penal Code, for which punishment is enhanced under Section 12.43(c), Penal Code, based on previous convictions under Section 42.01 or 49.02, Penal Code, the court may suspend the imposition of the sentence and place the defendant on community supervision if the court finds that the defendant would benefit from community supervision and enters its finding on the record. The arresting officer shall immediately report the arrest and detention to the judge. (b) On the defendant's successful completion of an educational program under Article 42A.403 or 42A.404, the defendant's instructor shall give notice to the Department of Public Safety for inclusion in the defendant's driving record and to the community supervision and corrections department. REFERENCE IN LAW. The federal magistrate (see definition in rule 54(c)) is to keep a record of what transpires at the hearing and, if he finds probable cause of a violation, hold the probationer for a revocation hearing. 23.012(b), eff. 1480), Sec. The assessment must be conducted using an instrument that is validated for the purpose of assessing the risks and needs of a defendant placed on community supervision. If the prosecutor believes a violation has occurred, they will file a motion to revoke your probation and submit it to the Judge. Rule 26.2(a)(d) and (f) applies at a hearing under this rule. (2) attend psychological counseling sessions for sex offenders with an individual or organization that provides sex offender treatment or counseling as specified or approved by the judge or the defendant's supervision officer. See Morrissey v. Brewer, supra (the process should be flexible enough to consider evidence including letters, affidavits, and other material that would not be admissible in an adversary criminal trial); Rule 1101(d)(e) of the Federal Rules of Evidence (rules not applicable to proceedings granting or revoking probation). 4.005, eff. 42A.203. 948 (S.B. (c) A judge may impose a term of confinement as a condition of community supervision under this article on placing the defendant on supervision or at any time during the supervision period. EDUCATION AND TRAINING COURSES. 42A.402. 42A.752. (f) Notwithstanding any other provision of this subchapter or other law, a judge who places on community supervision a defendant who was younger than 21 years of age at the time of the offense and was convicted for an offense under Sections 49.04-49.08, Penal Code, shall order that the defendant's driver's license be suspended for 90 days beginning on the date the defendant is placed on community supervision. 42A.108. . DISPOSITION OF SALARY. (e-1) Except as provided by Subsection (e-2), a judge granting deferred adjudication community supervision to a defendant for an offense under Section 49.04 or 49.06, Penal Code, shall require that the defendant as a condition of community supervision have an ignition interlock device installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant and that the defendant not operate any motor vehicle that is not equipped with that device. (a) In this article, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code. 42A.452. The Probationer appeared by attorney, and the State of Texas appeared by her Assistant Criminal District Attorney and the probation officer of the Court. (a) This article applies only to a defendant who: (1) is granted community supervision, including deferred adjudication community supervision, for an offense punishable as a state jail felony or a felony of the third degree, other than an offense: (A) included as a "reportable conviction or adjudication" under Article 62.001(5); (B) involving family violence as defined by Section 71.004, Family Code; (C) under Section 20.03 or 28.02, Penal Code; or. (3) requests the judge to revoke community supervision and to pronounce sentence. Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. September 1, 2019. Added by Acts 2017, 85th Leg., R.S., Ch. A probationer has limited rights to contest these matters. 919 (S.B. He is the founder of Benavides Law Group. September 1, 2019. 1986 Subd. Acts 2019, 86th Leg., R.S., Ch. COMMUNITY SUPERVISION FOR CERTAIN PROSTITUTION OFFENSES. (c) If a defendant released to a medically suitable placement under Subsection (a) violates the terms of that release, the judge may dispose of the matter as provided by Articles 42A.556 and 42A.558(a). To the extent of any conflict between an order issued under this subsection and an order issued by a court of original jurisdiction, the order entered under this subsection prevails. The amendment incorporates into the rule the standard of clear and convincing evidence. September 1, 2017. 42A.256. 324 (S.B. 1132 (H.B. The judge may not revoke the community supervision of a defendant solely because the defendant fails to successfully complete a program under this subchapter. 42A.509. Added by Acts 2017, 85th Leg., R.S., Ch. The court shall consider under this subsection whether a defendant has sufficient resources or income: (1) before or immediately after placing the defendant on community supervision, including deferred adjudication community supervision; and. Acts 2021, 87th Leg., R.S., Ch. What Should I Do? Added by Acts 2021, 87th Leg., R.S., Ch. 1399), Sec. Terminate probation early. (1) In General. September 1, 2021. September 1, 2017. 42A.512. TRANSFER OF JURISDICTION. 42A.403. (a) A judge, in the best interest of justice, the public, and the defendant, after conviction or a plea of guilty or nolo contendere, may: (1) suspend the imposition of the sentence and place the defendant on community supervision; or. See 18 U.S.C. 42A.105. (b) In a misdemeanor case, the period of deferred adjudication community supervision may not exceed two years. Understanding A Probation Revocation Motion In Texas A reference in a law to a statute or a part of a statute revised in this chapter by Chapter 770 (H.B. The court shall appoint counsel for an indigent defendant in accordance with the procedures adopted under Article 26.04. 42A.751. 3, eff. For a defendant charged with a felony under Section 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, and for a defendant charged with a felony described by Article 42A.453(b), the period of deferred adjudication community supervision may not be less than five years. (2) attend a firearms safety course that meets or exceeds the requirements set by the National Rifle Association as of January 1, 1995, for a firearms safety course that requires not more than 17 hours of instruction. Acts 2017, 85th Leg., R.S., Ch.

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