(b) If a judge grants community supervision to a defendant who is convicted of or charged with an offense under Section 43.261, Penal Code, the judge may require as a condition of community supervision that the defendant attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program. 790 (H.B. 42A.056. September 1, 2021. Followed the terms of the probation order to the letter. Art. September 1, 2019. Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. Acts 2019, 86th Leg., R.S., Ch. 1058 (H.B. See 18 U.S.C. 1975). The current rule provides that the person seeking release must bear the burden of establishing that he or she will not flee or pose a danger but does not specify the standard of proof that must be met. My question is would you think its worth me getting a lawyer to appeal and fight for my rights. (2) provides mental health or medical services for the rehabilitation of the defendant. A judge acting under this subsection shall dismiss the accusation, complaint, information, or indictment against the defendant. (d) A judge who grants community supervision to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, shall require, if the defendant has not submitted to an evaluation under Article 42A.257 before receiving community supervision, that the defendant submit to the evaluation as a condition of community supervision. (a) On expiration of a period of deferred adjudication community supervision imposed under this subchapter, if the judge has not proceeded to an adjudication of guilt, the judge shall dismiss the proceedings against the defendant and discharge the defendant. (c) When the defendant files a written motion with the court requesting suspension of further execution of the sentence and placement on community supervision or when requested to do so by the judge, the clerk of the court shall request a copy of the defendant's record while confined from the agency operating the jail in which the defendant is confined. (g) The Department of Public Safety shall approve ignition interlock devices for use under this article. Art. 42A.517. 3607), Sec. Acts 2021, 87th Leg., R.S., Ch. Probation conditions should be subject to modification, for the sentencing court must be able to respond to changes in the probationer's circumstances as well as new ideas and methods of rehabilitation. signNow combines ease of use, affordability and security in one online tool, all without forcing extra DDD on you. (b) The Department of State Health Services shall approve education provided at substance abuse treatment facilities. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION PERIOD. 385), Sec. The court accepting jurisdiction subsequently shall proceed as if the defendant's trial and conviction had occurred in that court. 42A.556. He has been named a Texas Super Lawyers Rising Star and has been recognized as one of the best criminal lawyers in Houston by Houstonia and H-Texas magazines. A judge who receives a defendant for supervision as authorized by Section 510.017, Government Code, may impose on the defendant any term of community supervision authorized by this chapter. 1017 (H.B. 324 (S.B. (b) A defendant described by Subsection (a) is entitled to receive any combination of time credits toward the completion of the defendant's period of community supervision in accordance with this article if the court ordered the defendant as a condition of community supervision to: (1) make a payment described by Subsection (c); (2) complete a treatment or rehabilitation program described by Subsection (d); or. T hank you. The judge may allow the defendant to pay the cost of attending the program in installments during the term of community supervision. ELIGIBILITY. 4170), Sec. (2) issue an order prohibiting the defendant from obtaining a license for a period of one year. 8, eff. (2) during the period of community supervision, before or immediately after the court orders or requires the defendant to make any payments under this chapter. (2) at least 30 hours of community service if the amount of pecuniary loss resulting from the commission of the offense is $500 or more. Note to Subdivision (b). These rules can be tedious and complicated. You need to get a lawyer to talk to the judge and see if the probation conditions can be modified. 42A.756. (5) Appearance in a District Lacking Jurisdiction. (a) Except as provided by Subsection (e), on a defendant's conviction of a Class B misdemeanor under Section 43.02(a), Penal Code, the judge shall suspend imposition of the sentence and place the defendant on community supervision. Probation conditions should be subject to modification, for the sentencing court must be able to respond to changes in the probationer's circumstances as well as new ideas and methods of rehabilitation. (e) For a defendant who has participated in an educational, vocational, treatment, or work program while confined in a state jail felony facility, the Texas Department of Criminal Justice shall record the number of days during which the defendant diligently participated in any educational, vocational, treatment, or work program. A judge, based on the report, may credit against any time a defendant is required to serve in a state jail felony facility additional time for each day the defendant actually served in the facility while diligently participating in an educational, vocational, treatment, or work program. When the court Please find attached a sample Motion to Modify or Terminate Probation or Community Control that may help you file your own motion.You must contact your probation/community control officer immediately and inform them that you will be filing this motion with the Court and that you will give the officer a copy in the near future. The defendant may continue to participate in a program following the defendant's completion of that period. (C) Referral. (c) The judge may impose the condition of community supervision described by this article if: (1) the defendant is charged with or convicted of a felony other than: (A) a felony under Section 21.11, 22.011, or 22.021, Penal Code; or, (B) criminal attempt of a felony under Section 21.11, 22.011, or 22.021, Penal Code; and. 948 (S.B. (d) For any defendant who receives a dismissal and discharge under this article: (1) on conviction of a subsequent offense, the fact that the defendant previously has received deferred adjudication community supervision is admissible before the court or jury for consideration on the issue of penalty; (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 deferred adjudication community supervision in issuing, renewing, denying, or revoking a license under that chapter; (3) if the defendant is an applicant for or the holder of a license to provide mental health or medical services for the rehabilitation of sex offenders, the Council on Sex Offender Treatment may consider the fact that the defendant previously has received deferred adjudication community supervision in issuing, renewing, denying, or revoking a license issued by that council; and. (b) The provisions of Subchapter L specifying whether a defendant convicted of a state jail felony is to be confined in a county jail or state jail felony facility and establishing the minimum and maximum terms of confinement as a condition of community supervision apply in the same manner to a defendant placed on deferred adjudication community supervision after pleading guilty or nolo contendere to a state jail felony. (iii) it would unduly depreciate the seriousness of the violation if probation were not revoked. . (c) A judge who places a defendant on community supervision under Subsection (a) or (b) shall require as a condition of community supervision that the defendant participate in a commercially sexually exploited persons court program established under Chapter 126, Government Code, if a program has been established for the county or municipality where the defendant resides. Art. 42A.381. (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. First, receiving documents by facsimile has become very commonplace and many courts are now equipped to receive filings by electronic means, and indeed, some courts encourage or require that certain documents be filed by electronic means. Art. (f) The judge may suspend in whole or in part the imposition of any fine imposed on conviction. 4170), Sec. (4) pay the costs of testing, assessment, and treatment or education, either directly or as a court cost. 10, eff. (c) When the defendant or the attorney representing the state files a written motion requesting the judge to suspend further execution of the sentence and place the defendant on community supervision, the clerk of the court, if requested to do so by the judge, shall request a copy of the defendant's record while confined from the facility director of the state jail felony facility in which the defendant is confined or, if the defendant is confined in county jail, from the sheriff. Art. (b) The judge is not required to direct a supervision officer to prepare a presentence report in a misdemeanor case if: (1) the defendant requests that a report not be made and the judge agrees to the request; or, (A) finds that there is sufficient information in the record to permit the meaningful exercise of sentencing discretion; and. September 1, 2019. (a) A court granting community supervision to a defendant convicted of an offense under Section 46.13, Penal Code, may require as a condition of community supervision that the defendant: (1) provide an appropriate public service activity designated by the court; or. 1488), Sec. The arresting officer shall immediately report the arrest and detention to the judge. (2) the judge determines that extending the supervision period increases the likelihood that the defendant will fully pay the fine, cost, or restitution. Art. Probation is an agreement between you and the Court to follow a list of rules instead of sitting out a punishment in jail or prison. (f) The court shall require the defendant to obtain an ignition interlock device at the defendant's own cost before the 30th day after the date of conviction unless the court finds that to do so would not be in the best interest of justice and enters its findings on record. This hearing may be waived by the probationer. 1488), Sec. (h) A time credit under Subsection (f) or (g) may not exceed one-fifth of the amount of time the defendant is originally required to serve in the facility. (a) If, for good and sufficient reasons, a defendant desires to change the defendant's residence within the state, the change may be effected by application to the supervising supervision officer. (4) satisfied through any combination of methods under Subdivisions (1)-(3). (2) has fully satisfied any order to pay restitution to a victim. (2) "Court" means a court of record having original criminal jurisdiction. 20), Sec. 2.17, eff. (d) Notwithstanding any other law, if a defendant is ordered to make a payment included under Subsection (b), the court shall reconsider whether the defendant has sufficient resources or income to make the payment at any hearing held under Article 42A.751(d). (B) the judge makes an affirmative finding that: (i) drug or alcohol abuse significantly contributed to the commission of the offense or violation of a condition of community supervision, as applicable; and. (C) an attorney for the government has received notice of the relief sought, has had a reasonable opportunity to object, and has not done so. 42A.201. (6) any other faith-based, volunteer, or community-based program ordered or approved by the court: 30 days. CONDITIONS OF COMMUNITY SUPERVISION. Acts 2021, 87th Leg., R.S., Ch. 1488), Sec. Revised Rule 32.1(a)(5) is derived from current Rule 40(d). September 1, 2019. Currently, the rule requires the government to produce certified copies of those documents. (ii) a third degree felony under Chapter 481, Health and Safety Code. The contents of a report submitted under this subsection are not subject to challenge by a defendant. PLACEMENT ON COMMUNITY SUPERVISION. Acts 2021, 87th Leg., R.S., Ch. Presently, there is no provision in the rules for conducting initial appearances for defendants charged with violating probation or supervised releasealthough some districts apply such procedures. 42A.754. (4) "Supervision officer" means a person appointed or employed under Section 76.004, Government Code, to supervise defendants placed on community supervision. 42A.653. CHANGE OF RESIDENCE WITHIN THE STATE. (c) If the defendant is a sex offender, a supervision officer may release information in a presentence or postsentence report concerning the social and criminal history of the defendant to a person who: (1) is licensed or certified in this state to provide mental health or medical services, including a: (E) licensed marriage and family therapist; or. 1, eff. In short, in a particular case, using electronic media to transmit a document might be just as reliable and efficient as using a facsimile. extend probation even after the period of probation ends as long as the motion for revocation or modification of probation is filed before the current probation term ends and this order extending probation is entered within a year of the expiration of the current probation period. (c) A defendant is not eligible for community supervision under this article if the defendant is sentenced to serve: (1) a term of imprisonment that exceeds 10 years; or. (2) Upon a Summons. September 1, 2021. 29, 2002, eff. A witness's statement must be produced only if the witness testifies. Do not be afraid to seek advice from an attorney BEFORE signing away your rights. The judge or magistrate shall perform all appropriate duties and may exercise all appropriate powers as provided by Article 15.17 with respect to an arrest for a new offense, except that only the judge who ordered the arrest for the alleged violation may authorize the defendant's release on bail. 1132 (H.B. The community supervision and corrections department director shall examine the evaluation, make written comments on the evaluation that the director considers relevant, and file the evaluation and comments with the judge who granted community supervision to the defendant. 1507), Sec. If the evaluation indicates that the defendant has made significant progress toward compliance with court-ordered conditions of community supervision or objectives of placement in the program, as applicable, the judge may release the defendant from the community corrections facility. (b) On transfer, the clerk of the court of original jurisdiction shall forward to the court accepting jurisdiction a transcript of any portion of the record as the transferring judge shall direct. (3) note the date of delivery of the copy in the defendant's file. Now, a lot of the times thisprocess can be avoided by simply havingyour lawyer walk in and have aconversation with the judge and see ifthe judge would even consider it. (c) If the defendant by a motion in writing shows good cause, the judge may: (1) waive the educational program requirement; or. (c) Before a judge may place a defendant on community supervision under this article, the defendant must be assessed using the risk and needs assessment instrument adopted under Section 501.0921, Government Code, or a similar instrument that takes into consideration the defendant's prior criminal history. Its county seat is Dallas, which is also the third-largest city in Texas and the ninth-largest city in the United States. (j) The court may order a community supervision and corrections department to obtain information pertaining to the factors listed under Article 42.037(h) and include that information in the presentence report required under Article 42A.252(a) or a separate report, as the court directs. REFERENCE IN LAW. (a) The judge by order may direct that any information and records that are not privileged and that are relevant to a presentence or postsentence report be released to a supervision officer conducting a presentence investigation under this subchapter or preparing a postsentence report under Article 42A.259. VETERANS REEMPLOYMENT PROGRAM. 42A.302. 42A.561. Subdivision (a)(2) mandates a final revocation hearing within a reasonable time to determine whether the probationer has, in fact, violated the conditions of his probation and whether his probation should be revoked. (1) waives the defendant's right to a hearing and to counsel; (2) affirms that the defendant has nothing to say as to why sentence should not be pronounced against the defendant; and (3) requests the judge to revoke community supervision and to pronounce sentence. 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. The maximum period of community supervision a judge may impose under this subchapter is five years, except that the judge may extend the maximum period of community supervision under this subchapter to not more than 10 years. 42A.307. (a) If after a hearing under Article 42A.751(d) a judge continues or modifies community supervision after determining that the defendant violated a condition of community supervision, the judge may impose any other conditions the judge determines are appropriate, including: (1) a requirement that the defendant perform community service for a number of hours specified by the court under Article 42A.304, or an increase in the number of hours that the defendant has previously been required to perform under that article in an amount not to exceed double the number of hours permitted by that article; (2) an extension of the period of community supervision, in the manner described by Article 42A.753; (3) an increase in the defendant's fine, in the manner described by Subsection (b); or. 23.016(e), eff. (a) A judge who grants community supervision to a defendant convicted of an offense under Section 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require as a condition of community supervision that the defendant pay to the defendant's supervision officer a community supervision fine of $5 each month during the period of community supervision. On receipt of the request, the facility director or the sheriff shall forward a copy of the record to the judge as soon as possible. The Committee made no changes to Rule 32.1 following publication. 770 (H.B. 1, eff. I paid all my fines did my community service and the judge said no because of the seriousness of the crime. 324 (S.B. (B) the defendant is a suitable candidate for treatment, as determined by the suitability criteria established by the Texas Board of Criminal Justice under Section 493.009(b), Government Code. (d) The judge shall suspend the defendant's driver's license for a period provided under Subchapter O, Chapter 521, Transportation Code, if: (1) a judge revokes the community supervision of the defendant for: (A) an offense under Section 49.04, Penal Code; or, (B) an offense involving the operation of a motor vehicle under Section 49.07, Penal Code; and. 4.008, eff. Added by Acts 2021, 87th Leg., R.S., Ch. 42A.256. (a) If a judge grants community supervision to a defendant younger than 18 years of age convicted of an alcohol-related offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or an offense involving possession of a controlled substance or marihuana under Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety Code, the judge may require the defendant as a condition of community supervision to successfully complete, as appropriate: (1) an alcohol awareness program under Section 106.115, Alcoholic Beverage Code, that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code; or. L. 99646 inserted to be after relief and inserted provision relating to objection from the attorney for the government after notice of the proposed relief and extension of the term of probation as not favorable to the probationer for the purposes of this rule. 2758), Sec. September 1, 2017. (b) A presentence or postsentence report and all information obtained in connection with a presentence investigation or postsentence report are confidential and may be released only as: (E) Section 614.017, Health and Safety Code; or. (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.
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