5, eff. (b) The court may not grant community supervision on its own motion or on the recommendation of the jury to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 if: (1) the offense for which the court has made the affirmative finding is an offense under Section 19.02, Penal Code; or. 42A.001. (e) The judge shall set out in the judgment, as applicable: (1) the finding of good cause for waiver; or. Art. (b) A defendant confined in a state jail felony facility does not earn good conduct time for time served in the facility but may be awarded diligent participation credit in accordance with Subsection (f) or (g). September 1, 2019. A time credit under Subsection (f) or (g) is a privilege and not a right. September 1, 2017. (2) "Court" means a court of record having original criminal jurisdiction. How You Can Get an Early Termination of Your Probation in the State of 1488), Sec. 1014 (H.B. Art. COMPLETION OF PROGRAM. (2) the greater of one-half of the original community supervision period or two years of community supervision. The community supervision and corrections department director or program administrator shall examine the evaluation, make written comments on the evaluation that the director or administrator considers relevant, and file the evaluation and comments with the judge who granted community supervision to the defendant or placed the defendant in a pretrial intervention program or drug court program. Art. MEDICAL RELEASE. (g) This article does not apply to a defendant convicted of: (1) an offense under Sections 49.04-49.08, Penal Code; (2) an offense the conviction of which requires registration as a sex offender under Chapter 62; or. SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION. 361 (H.B. September 1, 2019. September 1, 2021. 1507), Sec. September 1, 2021. 42A.111. Acts 2019, 86th Leg., R.S., Ch. If after conducting a review under this subsection the court finds that the defendant's ability to make a payment previously ordered by the court is substantially hindered, the court shall determine whether all or a portion of the payment should be satisfied by an alternative method provided under Subsection (f). 324 (S.B. County, Texas ORDER OF . (2) the jury enters in the verdict a finding that the information contained in the defendant's motion is true. If in a state jail felony case a defendant violates a condition of community supervision imposed under this chapter and after a hearing under Article 42A.751(d) the judge modifies the defendant's community supervision, the judge may impose any sanction permitted by Article 42A.752, except that if the judge requires a defendant to serve a term of confinement in a state jail felony facility as a modification of the defendant's community supervision, the minimum term of confinement is 90 days and the maximum term of confinement is 180 days. REVOCATION OF COMMUNITY SUPERVISION. (g) For a defendant with a judgment that contains a finding under Article 42.0199 that the defendant is not presumptively entitled to diligent participation credit or who has been the subject of disciplinary action while confined in the state jail felony facility, the department shall, not later than the 30th day before the date on which the defendant will have served 80 percent of the defendant's sentence, report to the sentencing court the record of the number of days under Subsection (e). (e) Notwithstanding Subsection (a), with respect to an offense committed by a defendant under Section 43.04 or 43.05, Penal Code, a judge may place the defendant on community supervision as permitted by Article 42A.053 if the judge makes a finding that the defendant committed the offense solely as a victim of an offense under Section 20A.02, 20A.03, 43.03, 43.04, or 43.05, Penal Code. (b) At any time after the defendant has served 60 days in the custody of the Texas Department of Criminal Justice, the sentencing judge, on the judge's own motion or on motion of the defendant, may order the defendant released to community supervision. 42A.406. (a) A jury that recommends community supervision for a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, may recommend that any driver's license issued to the defendant under Chapter 521, Transportation Code, not be suspended. Answered on 1/20/09, 6:04 pm Mark as helpful 4.009, eff. Call the TDCJ Parole Division for information about an offender's release status after he or she was granted parole at 512-406-5202. (a) If the defendant is a sex offender, the judge shall direct a supervision officer approved by the community supervision and corrections department or the judge, or a person, program, or other agency approved by the council, to: (1) evaluate the appropriateness of, and a course of conduct necessary for, treatment, specialized supervision, or rehabilitation of the defendant; and. In establishing the amount of a reimbursement fee under Subsection (d)(2), the judge shall consider fines, fees, and other necessary expenses for which the defendant is obligated. (4) pay the costs of testing, assessment, and treatment or education, either directly or as a court cost. Acts 2019, 86th Leg., R.S., Ch. How to End Probation Early in Texas: 11 Steps (with Pictures) - wikiHow Probation Discharge | Legal Advice (c) The court may modify at any time the condition described by Subsection (b)(1)(D) if: (1) the condition interferes with the defendant's ability to attend school or become or remain employed and consequently constitutes an undue hardship for the defendant; or. January 1, 2020. Art. In Texas, probation is known as community supervision. Art. (a) A presentence report must be in writing and include: (1) the circumstances of the offense with which the defendant is charged; (2) the amount of restitution necessary to adequately compensate a victim of the offense; (3) the criminal and social history of the defendant; (4) a proposed supervision plan describing programs and sanctions that the community supervision and corrections department will provide the defendant if the judge suspends the imposition of the sentence or grants deferred adjudication community supervision; (5) if the defendant is charged with a state jail felony, recommendations for conditions of community supervision that the community supervision and corrections department considers advisable or appropriate based on the circumstances of the offense and other factors addressed in the report; (6) the results of a psychological evaluation of the defendant that determines, at a minimum, the defendant's IQ and adaptive behavior score if the defendant: (A) is convicted of a felony offense; and. 413 (S.B. Acts 2021, 87th Leg., R.S., Ch. 1488), Sec. 948 (S.B. Acts 2017, 85th Leg., R.S., Ch. (2) locations at or in which the defendant may not operate a motor vehicle. A defendant who served a term in the facility as a condition of community supervision shall serve the remainder of the defendant's community supervision under any terms and conditions the court imposes under this chapter. Art. Straight probation is a criminal punishment entered after a finding of Guilt that requires you to submit to certain conditions and monitoring by the court. 42A.106. 2, eff. (B) all court costs, regardless of whether a fine is assessed; (9) participate, for a period specified by the judge, in any community-based program, including a community service project under Article 42A.304; (10) if the judge determines that the defendant has financial resources that enable the defendant to offset in part or in whole the costs of the legal services provided to the defendant in accordance with Article 1.051(c) or (d), including any expenses and costs, reimburse the county in which the prosecution was instituted for the costs of the legal services in an amount that the judge finds the defendant is able to pay, except that the defendant may not be ordered to pay an amount that exceeds: (A) the actual costs, including any expenses and costs, paid by the county for the legal services provided by an appointed attorney; or. A defendant is not required to successfully complete a program under this subchapter before the defendant completes the applicable period of community supervision. (2) prioritizing the conditions ordered by the court according to the defendant's progress under supervision. MAXIMUM TERM OR TERMS OF CONFINEMENT. (21) in any manner required by the judge, provide in the county in which the offense was committed public notice of the offense for which the defendant was placed on community supervision. FEES DUE ON CONVICTION. (2) the license has not previously been ordered by the judge to be suspended, or the suspension was previously probated. 467 (H.B. The arresting officer shall immediately report the arrest and detention to the judge. (a) In this article, "ignition interlock device" means a device that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator. (5) may take enforcement actions as appropriate to enforce this subsection. A defendant may not be awarded a time credit under Subsection (f) or (g) for any period during which the defendant is subject to disciplinary status. (d) On conviction of a state jail felony punished under Section 12.35(a), Penal Code, other than a state jail felony listed in Subsection (a) or to which Article 42A.515 applies, subject to Subsection (e), the judge may: (B) in part, with a period of community supervision to begin immediately on release of the defendant from confinement. (c) Before reducing or terminating a period of community supervision or conducting a review under this article, the judge shall notify the attorney representing the state and the defendant or, if the defendant has an attorney, the defendant's attorney. Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. 1488), Sec. (c) If a judge grants community supervision to a defendant described by Subsection (b) and the judge determines that a child as defined by Section 22.011(c), Penal Code, was the victim of the offense, the judge shall establish a child safety zone applicable to the defendant by requiring as a condition of community supervision that the defendant: (A) supervise or participate in any program that: (i) includes as participants or recipients persons who are 17 years of age or younger; and, (ii) regularly provides athletic, civic, or cultural activities; or, (B) go in, on, or within 1,000 feet of a premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, video arcade facility, or general residential operation operating as a residential treatment center; and.