(2) determine whether the best interests of justice require the judge to: (A) suspend the imposition of the sentence and place the defendant on community supervision; or. (b) All provisions of this chapter applying to a defendant placed on community supervision for a misdemeanor apply to a defendant placed on community supervision under this article, except that the court shall require the defendant as a condition of community supervision to: Art. Id. F. Modification Hearing Texas Family Code 54.05(c) 1, eff. (d) If a community supervision and corrections department does not collect a fine imposed under this article, the department is not required to file any report required by the comptroller that relates to the collection of the fine. If the evaluation indicates to the judge that the defendant needs treatment for drug or alcohol dependency, the judge shall require the defendant to submit to that treatment as a condition of community supervision in a program or facility that: (1) is approved or licensed by the Department of State Health Services; or. Acts 2021, 87th Leg., R.S., Ch. (b) A presentence report is not required to contain a sentencing recommendation. (2) 100 hours of service if the offense is classified as a misdemeanor. Acts 2019, 86th Leg., R.S., Ch. Art. September 1, 2021. (f-1) The Office of Court Administration of the Texas Judicial System shall adopt a standardized form for use in discharging a defendant under this article. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION OFFENSES. 42A.601. It is IMPORTANT to have someone fighting for you at the first possible moment. (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. (2) not less than 90 days or more than one year, if the defendant is convicted of an offense punishable as a state jail felony under Section 481.112, 481.1121, 481.113, or 481.120, Health and Safety Code. Acts 2021, 87th Leg., R.S., Ch. Do not be afraid to seek advice from an attorney BEFORE signing away your rights. (e) A judge may not require a defendant to pay the reimbursement fee under this article for any month after the period of community supervision has been terminated by the judge under Article 42A.701. 2, eff. The addition of subdivision (c) is one of several amendments that extend Rule 26.2 to Rules 32(f), 32.1, 46, and Rule 8 of the Rules Governing Proceedings under 28 U.S.C. Acts 2019, 86th Leg., R.S., Ch. CONTENTS OF PRESENTENCE REPORT. (d) Repealed by Acts 2021, 87th Leg., R.S., Ch. (4) Appearance in the District With Jurisdiction. 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. (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. 714), Sec. 23.016(d), eff. L. 9642, July 31, 1979, 93 Stat. 42A.386. (c) If the defendant by a motion in writing shows good cause, the judge may: (1) waive the educational program requirement; or. January 1, 2020. (c) To the extent that a condition imposed under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for a period specified by the court granting community supervision, not to exceed 90 days. That is something that is up to the judge. COMMUNITY OUTREACH. Can I Amend the Conditions of my Probation in Texas? But the shortanswer to the question is, yes, it ispossible but it is up to the judge. You can use this form to make a request for a change in your payments. The judge may allow the defendant to pay the cost of attending the program in installments during the term of community supervision. The Court can also modify or revoke your Federal Probation or Supervised Release after the official end of the term (i.e., a specific number of years after your release from custody) so long as the violation and Probation Officer's Petition to Modify or Revoke was filed with the Court before the official end of the term of supervision. Rule 32.1(b)(1)(B)(iii) and Rule 32.1(b)(2)(C) address the ability of a releasee to question adverse witnesses at the preliminary and revocation hearings. The amendment makes clear that only subsection 3143(a)(1) is applicable in this context. 4170), Sec. Good cause can be something short of a violation. 3006A(b) a defendant is entitled to be represented by counsel whenever charged with a violation of probation.. 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. What Should I Do? September 1, 2019. (l) A court retains jurisdiction to hold a hearing under Subsection (d) and to revoke, continue, or modify community supervision, regardless of whether the period of community supervision imposed on the defendant has expired, if before the expiration of the supervision period: (1) the attorney representing the state files a motion to revoke, continue, or modify community supervision; and. 3582), Sec. Art. Art. I dont want to violate my probation but I also dont want to turn my daughter away. Confusion regarding the applicability of 3143(a) arose because several subsections of the statute are ill suited to proceedings involving the revocation of probation or supervised release. Art. MEDICAL RELEASE. The violation report will be submitted to the prosecutors office and/or the Court. On June 1, 2005 . The hearing required by rule 32.1(a)(2) is not a formal trial; the usual rules of evidence need not be applied. One can request early termination by filing a motion to modify probation with the court and have ideally met the below conditions before ever applying: Paid all associated costs and fines. (c) If the judge imposes a sanction under Subsection (a)(4), the judge shall also impose a condition requiring the defendant on successful completion of the program to participate in a drug or alcohol abuse continuum of care treatment plan. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES INVOLVING OBSTRUCTION OF HIGHWAY OR OTHER PASSAGEWAY. 29, 2002, eff. Note to Subdivision (a)(2). /Type /ExtGState (e) A defendant required to perform community service under this article after conviction of an offense under Section 352.082, Local Government Code, or Section 365.012, 365.013, or 365.016, Health and Safety Code, shall perform the amount of service ordered by the court, which may not exceed 60 hours. (a) As directed by the judge, the community corrections facility director shall file with the community supervision and corrections department director or administrator of a drug court program, as applicable, a copy of an evaluation made by the facility director of the defendant's behavior and attitude at the facility. Added by Acts 2019, 86th Leg., R.S., Ch. Art. A judge is not required to impose the substance abuse treatment conditions if the judge makes an affirmative finding that the defendant does not require imposition of the conditions to successfully complete the period of community supervision. (e) At any time after the imposition of a condition under Subsection (c)(1), the defendant may request the court to modify the child safety zone applicable to the defendant because the zone as created by the court: (1) interferes with the defendant's ability to attend school or hold a job and consequently constitutes an undue hardship for the defendant; or. 42A.503. (2) complies with standards established by the community justice assistance division of the Texas Department of Criminal Justice, after consultation by the division with the Department of State Health Services. (e) Notwithstanding the minimum period of community supervision provided by Article 42A.553(a), a judge placing a defendant on community supervision under this article shall impose a period of community supervision not to exceed 270 days. (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.203. Keep a steady job. A judge placing a defendant on community supervision shall inform the defendant in writing and on a form prescribed by the Office of Court Administration of the Texas Judicial System that, after satisfactorily fulfilling the conditions of community supervision and on expiration of the period of community supervision, the judge is authorized to release the defendant from the penalties and disabilities resulting from the offense as provided by Article 42A.701(f). PRESENTENCE REPORT REQUIRED. 1488), Sec. (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. (e-2) A judge may waive the ignition interlock requirement under Subsection (e-1) for a defendant if, based on a controlled substance and alcohol evaluation of the defendant, the judge determines and enters in the record that restricting the defendant to the use of an ignition interlock is not necessary for the safety of the community. 290 (H.B. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION FOR ORDER OF NONDISCLOSURE. (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. Depending on the type of probation you are on, you may be able to post an additional bond to get out of jail while awaiting your hearing date. If the report indicates that the defendant would benefit from continued participation in the community corrections facility program, the judge may order the defendant to remain at the community corrections facility for a period determined by the judge. SUBCHAPTER H-1. 42A.408. He is a graduate of the prestigious Texas Criminal Defense Lawyers Trial College and is a proven trial lawyer. 42A.304. Download this motion in Microsoft Word format. Acts 2021, 87th Leg., R.S., Ch. Art. I pass every drug test. September 1, 2021. Subdivision (a)(1)(D) provides for notice to the probationer of his right to be represented by counsel at the preliminary hearing. Revocation of probation is proper if the court finds a violation of the conditions of probation and that such violation warrants revocation. 1975). 42A.753. 3401(i) (recognizing that district judge may designate a magistrate judge to conduct a hearing and submit proposed findings of fact and recommendations). 807 (H.B. 467 (H.B. September 1, 2019. 1480), Sec. 2, eff. 42A.104. 1975). These rules can be tedious and complicated. TERMINATE PROBATION MODIFY CONDITIONS OF BENCH PROBATION Art. (f) In a felony case, the state may amend the motion to revoke community supervision at any time before the seventh day before the date of the revocation hearing, after which time the motion may not be amended except for good cause shown. 4, eff. 42A.256. SUBCHAPTER I. . (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. 385), Sec. 42A.108. Notes of Advisory Committee on Rules1993 Amendment. 42A.382. Art. LIMITATION ON JUDGE-ORDERED COMMUNITY SUPERVISION. If you know for a fact that the judge already said no I would recommend you wait at least another 6 more months before spending any money. Art. (e) The right of the defendant to appeal for a review of the conviction and punishment, as provided by law, shall be accorded the defendant at the time the defendant is placed on community supervision. EXTENDED PERIOD ALLOWED FOR COMPLETION OF PROGRAM. 42A.558. 12, 2006, eff. 42A.002. These rules can be tedious and complicated. (4) satisfied through any combination of methods under Subdivisions (1)-(3). 1480), Sec. 42A.058. (d) Disposition of the Case. 42A.653. 9), Sec. (d) If the defendant has not been released on bail as permitted under Subsection (c), on motion by the defendant, the judge who ordered the arrest for the alleged violation of a condition of community supervision shall cause the defendant to be brought before the judge for a hearing on the alleged violation within 20 days of the date the motion is filed. 1488), Sec. } !1AQa"q2#BR$3br 1488), Sec. (b) After placing the defendant on deferred adjudication community supervision under Subsection (a), the judge shall inform the defendant orally or in writing of the possible consequences under Articles 42A.108 and 42A.110 of a violation of a condition of deferred adjudication community supervision. ABILITY TO PAY. Note to Subdivision (b). . (e) The suspension of a defendant's driver's license under Subsection (d) shall be reported to the Department of Public Safety as provided under Section 521.347, Transportation Code. (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. September 1, 2021. We are legally married and we have 3 children. (e) A defendant who is ordered to make a payment included under Subsection (b) may, at any time during the defendant's period of community supervision, including deferred adjudication community supervision, but not more than once in any six-month period unless the defendant shows a substantial and compelling reason for making an additional request during that period, file a written statement with the clerk of the court requesting reconsideration of the defendant's ability to make the payment and requesting that the payment be satisfied by an alternative method provided under Subsection (f). 1352 (S.B. 42A.512. Disposition Option 1: Place the respondent on probation at home in custody of his/her parents. (a) This article applies only to a defendant who: (1) is identified as a member of a criminal street gang in an intelligence database established under Chapter 67; and. 915 (H.B. (a) After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and defendant's appeal, continue as if the adjudication of guilt had not been deferred. 915 (H.B. Added by Acts 2017, 85th Leg., R.S., Ch. (3) not less than one year or more than two years, if the defendant is convicted of a second or subsequent offense under Sections 49.04-49.08, Penal Code, committed within five years of the date on which the most recent preceding offense was committed. In this regard, most courts are now equipped to require that certain documents contain a digital signature, or some other similar system for restricting access. (2) attend a responsible pet owner course sponsored by a municipal animal shelter, as defined by Section 823.001, Health and Safety Code, that: (A) receives federal, state, county, or municipal funds; and. COMMUNITY SUPERVISION FOR ENHANCED DISORDERLY CONDUCT OFFENSE. (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. Art. In short, in a particular case, using electronic media to transmit a document might be just as reliable and efficient as using a facsimile. (f) For a defendant with a judgment that contains a finding under Article 42.0199 that the defendant is presumptively entitled to diligent participation credit and who has not been the subject of disciplinary action while confined in the state jail felony facility, the department shall credit against any time the 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. (b) The judge granting community supervision to a defendant described by Subsection (a) shall inform the defendant of the defendant's eligibility for participation in a veterans reemployment program but may not require the defendant to participate in the program. (3) Advice. A defendant remains obligated to pay any unpaid fine or court cost after the expiration of the defendant's period of community supervision. If a probation officer, prosecutor or the Court believes you have violated a term or condition of your probation, a motion to revoke your probation can be filed. (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. L. 99646, 12(b), Nov. 10, 1986, 100 Stat. (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. LEAVING THE STATE. Art. 23.016(g), eff. (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. (a) Subject to Subsection (b), a judge may place on deferred adjudication community supervision a defendant charged with an offense under Section 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, or a defendant charged with a felony described by Article 42A.453(b) only if the judge makes a finding in open court that placing the defendant on deferred adjudication community supervision is in the best interest of the victim. 1488), Sec. If you are in violation of a term or condition of your probation, your probation officer may seek a resolution outside of the courtroom. 30, 1979, effective Dec. 1, 1980, see section 1(1) of Pub. If you were in jail or prison for another offense when the citation was issued, you can request the court use this imprisoned time as a way in which to pay for the fine. See generally ABA Standards, supra, 3.3. A defendant who receives a discharge and dismissal under this subsection is released from all penalties and disabilities resulting from the offense of which the defendant has been convicted or to which the defendant has pleaded guilty, except that: (1) proof of the conviction or plea of guilty shall be made known to the judge if the defendant is convicted of any subsequent offense; and. DUE DILIGENCE DEFENSE. 2255. (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. PLACEMENT ON COMMUNITY SUPERVISION. 346), Sec. Acts 2019, 86th Leg., R.S., Ch. (e) A judge who dismisses the proceedings against a defendant and discharges the defendant under this article: (1) shall provide the defendant with a copy of the order of dismissal and discharge; and. (ii) the person committed the offense with the intent to commit a felony listed in this subdivision; (H) Section 43.25 (Sexual Performance by a Child); or. 3, eff. The final hearing is less a summary one because the decision under consideration is the ultimate decision to revoke rather than a mere determination of probable cause. SUBCHAPTER J. The court shall require the defendant to pay all the reasonable costs of the counseling sessions or attendance in the program on a finding that the defendant is financially able to make payment. 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. (e) A judge may revoke without a hearing the community supervision of a defendant who is imprisoned in a penal institution if the defendant in writing before a court of record or a notary public in the jurisdiction where the defendant is imprisoned: (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. Art. (g) A court may order that some or all of the time credits to which a defendant is entitled under this article be forfeited if, before the expiration of the original period or a reduced period of community supervision, the court: (1) after a hearing under Article 42A.751(d), finds that a defendant violated one or more conditions of community supervision; and. 42A.301. The form must include: (1) detailed and clear instructions for how to fill out the form and submit a request to the court; and. (2) to ensure the defendant's compliance with Subdivision (1), require the defendant to submit to regular inspection or monitoring of each electronic device used by the defendant to access the Internet. Motions to Amend and/or Revoke Probation - The Law Office of Lytza Rojas, PLLC Texas Legal Process: Motions to Amend and/or Revoke Probation 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. CONFINEMENT. Acts 2021, 87th Leg., R.S., Ch.
