Terminate probation early. 1488), 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. Art. (a) A judge who places a defendant on community supervision may authorize the supervision officer supervising the defendant or a magistrate appointed by the district courts in the county that give preference to criminal cases to modify the conditions of community supervision for the limited purposes of: (2) if the referral option under Subdivision (1) is not available, attend counseling sessions for the elimination of violent behavior with a licensed counselor, social worker, or other professional who has completed family violence intervention training that the community justice assistance division of the Texas Department of Criminal Justice has approved, after consultation with the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, and experts in the field of family violence. 1, eff. September 1, 2017. Texas State Law Library Consumer & Self-Help Information - The State Law Library web site has Self-Help information, forms, and links. A participant successfully completes the veterans reemployment program if the participant diligently attends and successfully completes the education and training courses under Article 42A.383 and: (1) obtains employment and retains that employment for a continuous period of three months; (2) diligently searches for employment for a continuous period of six months; or. (b) A court granting community supervision to a defendant described by Subsection (a) may, on the defendant's conviction of a felony offense, require as a condition of community supervision that the defendant submit to tracking under an electronic monitoring service or other appropriate technological service designed to track a person's location. Section 521.247, Transportation Code, applies to the approval of a device under this article and the consequences of that approval. (b-2) Following a review conducted under Subsection (b) or (b-1), the judge may reduce or terminate the period of community supervision or decide not to reduce or terminate the period of community supervision. Its county seat is Dallas, which is also the third-largest city in Texas and the ninth-largest city in the United States. (2) the defendant is the parent or guardian of an individual who is younger than 17 years of age and the defendant is not otherwise prohibited from communicating with that individual. (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. Although the allegations in a motion to revoke probation need not be as specific as an indictment, they must be sufficient to apprise the probationer of the conditions of his probation which he is alleged to have violated, as well as the dates and events which support the charge. Kartman v. Parratt, 397 F.Supp. CONTINUATION OR MODIFICATION OF COMMUNITY SUPERVISION AFTER VIOLATION. The hearing on the motion to revoke probation shall be conducted in . 23.015(a), eff. 324 (S.B. Art. 23.018(a), eff. Acts 2017, 85th Leg., R.S., Ch. You can contact them at 541-473-5127 if you have any questions. (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. On written motion of the defendant requesting final adjudication that is filed within 30 days after the entry of the defendant's plea and the deferment of adjudication, the judge shall proceed to final adjudication as in all other cases. Art. (a) Article 42A.053 does not apply to a defendant adjudged guilty of an offense under: (1) Section 15.03, Penal Code, if the offense is punishable as a felony of the first degree; (3) Section 19.03, Penal Code (Capital Murder); (4) Section 20.04, Penal Code (Aggravated Kidnapping); (5) Section 20A.02, Penal Code (Trafficking of Persons); (6) Section 20A.03, Penal Code (Continuous Trafficking of Persons); (7) Section 21.11, Penal Code (Indecency with a Child); (8) Section 22.011, Penal Code (Sexual Assault); (9) Section 22.021, Penal Code (Aggravated Sexual Assault); (10) Section 22.04(a)(1), Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if: (A) the offense is punishable as a felony of the first degree; and. This avenue is important for two reasons: (1) the probationer should be able to obtain resolution of a dispute over an ambiguous term or the meaning of a condition without first having to violate it; and (2) in cases of neglect, overwork, or simply unreasonableness on the part of the probation officer, the probationer should have recourse to the sentencing court when a condition needs clarification or modification. (4) satisfied through any combination of methods under Subdivisions (1)-(3). (3) earn a diploma, certificate, or degree described by Subsection (e). Art. A person held in custody for violating probation or supervised release must be taken without unnecessary delay before a magistrate judge. (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. September 1, 2019. (a) Except as otherwise provided by this article, a judge who grants community supervision to a defendant shall set a reimbursement fee of not less than $25 and not more than $60 to be paid each month during the period of community supervision by the defendant to: (1) the court of original jurisdiction; or. 1, eff. 324 (S.B. COMMUNITY SUPERVISION FOR CERTAIN DEFENDANTS IDENTIFIED AS MEMBERS OF CRIMINAL STREET GANGS; ELECTRONIC MONITORING. 3651 and probation is subsequently revoked, the probationer is entitled to credit for the time served in jail but not for the time he was on probation. (1) Person In Custody. Art. A judge granting community supervision to a defendant required to register as a sex offender under Chapter 62 shall require that the defendant, as a condition of community supervision: (2) submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant, unless the defendant has already submitted the required sample under other state law. September 1, 2021. CONFINEMENT. /Creator ( w k h t m l t o p d f 0 . (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. Acts 2017, 85th Leg., R.S., Ch. 361 (H.B. (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. /ca 1.0 (g) The judge may continue the revocation hearing for good cause shown by either the defendant or the state. September 1, 2021. For the purposes of a hearing under Article 42A.751(d), it is an affirmative defense to revocation for an alleged violation based on a failure to report to a supervision officer as directed or to remain within a specified place that no supervision officer, peace officer, or other officer with the power of arrest under a warrant issued by a judge for that alleged violation contacted or attempted to contact the defendant in person at the defendant's last known residence address or last known employment address, as reflected in the files of the department serving the county in which the order of community supervision was entered. 1488), Sec. 1232), Sec. (b) In imposing the condition under Subsection (a), the court may grant the defendant supervised access to the victim. /Type /XObject Art. Eric Benavides is a Houston Criminal Defense Attorney. A defendant granted community supervision under this chapter and required as a condition of community supervision to serve a term of confinement under this subchapter may not earn good conduct credit for time spent in a community corrections facility or apply time spent in the facility toward completion of a prison sentence if the community supervision is revoked. 109 (S.B. The amendments to Rule 32.1(b) and (c) are intended to address a gap in the rule. 42A.110. PDF Pro Se Motion to Modify or Terminate Probation or Community Control English I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion for Early Release from Probation was forwarded to Mr. Bill Hill, District Attorney, Frank Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75207 on this the ________ day of _______ , 200___. 3563 and 3565 (probation) and 3583 (supervised release). Acts 2021, 87th Leg., R.S., Ch. In fact, G.S. (e) 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 require as a condition of community supervision that the defendant not operate any motor vehicle unless the vehicle is equipped with an ignition interlock device. Dec. 1, 2002; Apr. Art. COMMUNITY SERVICE. 1488), Sec. 1147), Sec. On receipt of the request, the Texas Department of Criminal Justice or the sheriff shall forward a copy of the record to the judge as soon as possible. It is IMPORTANT to have someone fighting for you at the first possible moment. Art. Thus, the probationer has certain rights not granted at the preliminary hearing: (i) the notice under (A) must by written; (ii) under (B) disclosure of all the evidence against the probationer is required; and (iii) under (D) the probationer does not have to specifically request the right to confront adverse witnesses, and the court may not limit the opportunity to question the witnesses against him. (3) a chemical dependency treatment facility licensed under Chapter 464, Health and Safety Code. Art. CONTENTS OF PRESENTENCE REPORT. << (1) after arrest and before conviction, if requested by the defendant; or. 42A.754. Art. (2) the finding that the defendant has successfully completed education as provided by Article 42A.4045. Good cause can be something short of a violation. (e) The part of the papers in the case containing an affirmative finding under Subsection (d): (1) must include specific information identifying the victim, as available; (2) may not include information identifying the victim's location; and. 42A.651. 42A.203. MEDICAL RELEASE. (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). 1, eff. (b) The Texas Correctional Office on Offenders with Medical or Mental Impairments shall submit to a judge who releases a defendant to an appropriate medical care facility under Subsection (a) a quarterly status report concerning the defendant's medical and treatment status. Art. 2299), Sec. 42A.553. 3143(a)(1) pending further proceedings. (B) order the sentence to be executed in whole or in part as provided by Article 42A.551(d). Art. COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR DRUG RELATED OFFENSES. Art. 4.03, eff. w !1AQaq"2B #3Rbr Rule 32.1 has been completely revised and expanded. Pub. (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. (E) under Section 481.1123, Health and Safety Code, that is punishable under Subsection (d), (e), or (f) of that section; (A) is charged with an offense under Section 21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of the age of the victim, or a felony described by Article 42A.453(b), other than a felony described by Subdivision (1)(A) or (3)(B) of this subsection; and. CERTAIN INTERNET ACTIVITY PROHIBITED. 2931), Sec. MODIFICATION OF CONDITIONS BY SUPERVISION OFFICER OR MAGISTRATE. 42A.057. (2) the maximum period of community supervision is: (A) 10 years, for a felony other than a third degree felony described by Paragraph (B); and. 790 (H.B. 42A.701. Section 7102(9); or. 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. 1997); United States v. Zentgraf, 20 F.3d 906 (8th Cir. Acts 2021, 87th Leg., R.S., Ch. L. 9642, July 31, 1979, 93 Stat. What is Early Termination of Probation and What Can I How? (a) A judge who places on community supervision a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, shall require as a condition of community supervision that the defendant successfully complete, before the 181st day after the date community supervision is granted, an educational program designed to rehabilitate persons who have driven while intoxicated that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code.
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