Its county seat is Dallas, which is also the third-largest city in Texas and the ninth-largest city in the United States. 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. (a) The court shall consider the defendant's ability to pay before ordering the defendant to make any payments under this chapter. (2) a term of confinement under Section 12.35, Penal Code. L. 9642, July 31, 1979, 93 Stat. 979 (S.B. 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. PDF No. IN THE SUPREME COURT OF THE UNITED STATES N D -M Petitioner, v. U S COMMUNITY SUPERVISION FOR MAKING FIREARM ACCESSIBLE TO CHILD. /Type /ExtGState 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. Art. . PLACEMENT ON COMMUNITY SUPERVISION. In this subchapter, "community corrections facility" has the meaning assigned by Section 509.001, Government Code. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION FOR ORDER OF NONDISCLOSURE. COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR DRUG RELATED OFFENSES. 1488), Sec. 4.006, eff. 42A.605. (c) A judge may not impose a condition of community supervision requiring a defendant to reimburse a county for the costs of legal services as described by Article 42A.301(b)(11) if the defendant has already satisfied that obligation under Article 26.05(g). 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. 162), Sec. Art. (d) A judge who receives a defendant for supervision as authorized by Section 510.017, Government Code, may require the defendant to pay the reimbursement fee authorized by this article. 1488), Sec. Art. Art. 324 (S.B. (a) The program shall provide program participants with access to workforce development education and training courses developed or approved by the Texas Workforce Commission under Chapter 316, Labor Code. FAMILY CODE CHAPTER 156. MODIFICATION - Texas 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. 1975). 42A.352. 4, eff. 283 F.3d at 1245. See United States v. Mincey, 482 F. Supp. (e) In any case in which the jury assesses punishment, the judge must follow the recommendations of the jury in suspending the imposition of a sentence or ordering a sentence to be executed. (b) This article does not apply to a defendant if a jury recommends community supervision for the defendant and also recommends that the defendant's driver's license not be suspended. 42A.652. 2.02, eff. 1352 (S.B. That is something that is up to the judge. September 1, 2019. Second, the court may wish to consider whether security measures are available to insure that the transmission is not compromised. (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. (a) In a felony case, the period of deferred adjudication community supervision may not exceed 10 years. September 1, 2017. 584 (S.B. 1017 (H.B. (a) For the purposes of this article, the jurisdiction of a court imposing a sentence requiring imprisonment in the Texas Department of Criminal Justice for an offense other than a state jail felony continues for 180 days from the date the execution of the sentence actually begins. (a) Except as provided by Subsection (b), a judge assessing punishment in a state jail felony case may suspend the imposition of the sentence and place the defendant on community supervision with the condition that the defendant participate in a program operated under Section 493.034, Government Code. See generally ABA Standards, supra, 3.3. FAILURE TO COMPLETE PROGRAM. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON DRIVING RECORD AND LICENSE. (a) Unless waived by the defendant, at least 48 hours before sentencing a defendant, the judge shall permit the defendant or the defendant's attorney to read the presentence report. I pass every drug test. 790 (H.B. (2) before the first anniversary of the date the supervision period ends, if a motion for revocation of community supervision is filed before the date the supervision period ends. (1) may credit against any time a defendant is required to serve in a state jail felony facility time served in a county jail from the time of the defendant's arrest and confinement until sentencing by the trial court; and. (d) On an affirmative finding that the deadly weapon under Subsection (c) was a firearm, the court shall enter that finding in its judgment. If there is to be a revocation hearing but there has not been a holding in custody for a probation violation, there need not be a preliminary hearing. (2) if the judge determines that the best interests of society and the defendant would be served by a shorter term of confinement, reduce the term of confinement originally assessed to any term of confinement not less than the minimum prescribed for the offense of which the defendant was convicted. (a) If a judge places on deferred adjudication community supervision a defendant charged with a sexually violent offense, as defined by Article 62.001, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that the victim or intended victim was younger than 14 years of age at the time of the offense. (a) If a defendant is convicted of a state jail felony and the sentence is executed, the judge sentencing the defendant may release the defendant to a medically suitable placement if the judge determines that the defendant does not constitute a threat to public safety and the Texas Correctional Office on Offenders with Medical or Mental Impairments: (1) in coordination with the Correctional Managed Health Care Committee, prepares a case summary and medical report that identifies the defendant as: (A) being a person who is elderly or terminally ill or a person with a physical disability; (B) being a person with mental illness or an intellectual disability; or, (C) having a condition requiring long-term care; and. 3016), Sec. (c) If the jury recommends to the judge that the judge place the defendant on community supervision, the judge shall place the defendant on community supervision for any period permitted under Articles 42A.053(d) and (f), as appropriate. 42A.554. Task Force Report: Corrections 86 (1967). The objections may be based on various grounds, such as illegality, change of circumstances, need to have travel restrictions lifted, among others. (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. Any supervision officer, police officer, or other officer with the power of arrest may arrest the defendant with or without a warrant on the order of the judge to be noted on the docket of the court. (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. (f) A supervision officer for a defendant described by Subsection (b) may permit the defendant to enter on an event-by-event basis into the child safety zone from which the defendant is otherwise prohibited from entering if: (1) the defendant has served at least two years of the period of community supervision; (2) the defendant enters the zone as part of a program to reunite with the defendant's family; (3) the defendant presents to the supervision officer a written proposal specifying where the defendant intends to go within the zone, why and with whom the defendant is going, and how the defendant intends to cope with any stressful situations that occur; (4) the sex offender treatment provider treating the defendant agrees with the supervision officer that the defendant should be allowed to attend the event; and. (5) may take enforcement actions as appropriate to enforce this subsection. Texas Probation Rules | Requirements, Terms, Deferral & More Added by Acts 2019, 86th Leg., R.S., Ch. (2) the case involves a second or subsequent offense under: (A) Section 49.04, Penal Code, if the offense was committed within five years of the date on which the most recent preceding offense was committed; or. (b) A judge may impose a sanction on a defendant described by Subsection (a)(3) by increasing the fine imposed on the defendant. (j) This subsection applies only to a defendant whose payments are wholly or partly waived under this article. (a) If a defendant is required as a condition of community supervision to successfully complete an educational program under Article 42A.403 or 42A.404, or if the court waives the educational program requirement under Article 42A.403 or the defendant successfully completes education under Article 42A.4045, the court clerk shall immediately report that fact to the Department of Public Safety, on a form prescribed by the department, for inclusion in the defendant's driving record. Acts 2019, 86th Leg., R.S., Ch. MEDICAL RELEASE. (b-1) The supervision officer shall notify the judge as soon as practicable after the date a defendant, who at the time of the review required by Subsection (b) was delinquent in paying restitution or had not completed court-ordered counseling or treatment, completes the remaining court-ordered counseling or treatment and makes the delinquent restitution payments, as applicable, and is otherwise compliant with the conditions of community supervision. Added by Acts 2021, 87th Leg., R.S., Ch. (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. SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS. Access to prior statements of a witness will enhance the ability of both the defense and prosecution to test the credibility of the other side's witnesses under Rule 32.1(a)(1), (a)(2), and (b) and thus will assist the court in assessing credibility. If notifying the probation officer in advance . TREATMENT, SPECIALIZED SUPERVISION, OR REHABILITATION. SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION. The contents of a report submitted under this subsection are not subject to challenge by a defendant. 23.013(a), eff. (a) A judge shall waive the educational requirement under Article 42A.403 or 42A.404 for a defendant who is required to receive treatment as a resident of a substance abuse treatment facility as a condition of community supervision if the defendant successfully completes education while the defendant is confined to the residential treatment facility. 42A.103. /SA true 1014 (H.B. 21.001(4), eff. Art. Added by Acts 2017, 85th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (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. 42A.702. Acts 2017, 85th Leg., R.S., Ch. COMMUNITY SUPERVISION FOR OFFENSE COMMITTED BECAUSE OF BIAS OR PREJUDICE. 42A.552. (b) The education and training courses under this article must focus on providing a participant with useful workplace skills most likely to lead to gainful employment by the participant. at 6 (emphasis added). Art. A probation amendment is an agreement to change or add conditions to your probation. September 1, 2021. you explain to the judge whyyoure trying to do it, wait for the judge to make theirdecision. Art. (i) A supervision officer or the court shall promptly provide a defendant a copy of the form adopted under Subsection (h) on the defendant's request for the form. 467 (H.B. 42A.555. (b) A defendant's obligation to pay a fine or court cost as ordered by a judge is independent of any requirement to pay the fine or court cost as a condition of the defendant's community supervision. Art. A judge granting community supervision to a defendant convicted of a felony shall require as a condition of community supervision that the defendant provide a DNA sample 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 Section 411.1471, Government Code, or other law. (a) Except as otherwise provided by Subsection (b) or (c), on conviction of a state jail felony under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is punished under Section 12.35(a), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision. September 1, 2017. (2) go in or on, or within a distance specified by the judge of, a premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility. probation officer at least 10 days before the change. [/Pattern /DeviceRGB] COMMUNITY SUPERVISION FOR ENHANCED PUBLIC INTOXICATION OFFENSE. (c) If the Department of Public Safety does not receive notice that a defendant required to complete an educational program has successfully completed the program within the period required by the judge under this subchapter, as shown on department records, the department, as provided by Sections 521.344(e) and (f), Transportation Code, shall: (1) revoke the defendant's driver's license; or. /CreationDate (D:20210319014439+02'00') (d) If the judge determines that the defendant has failed to satisfactorily fulfill the conditions of community supervision, the judge shall advise the defendant in writing of the requirements for satisfactorily fulfilling those conditions. DEFINITIONS. It is the second-most populous county in Texas and the ninth-most populous in the United States. (a) 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 revokes the defendant's community supervision, the judge shall dispose of the case in the manner provided by Article 42A.755. 42A.606. This amendment parallels similar changes to Rules 5 and 41. MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR CERTAIN BURGLARIES OF VEHICLES. VETERANS REEMPLOYMENT PROGRAM. Acts 2019, 86th Leg., R.S., Ch. 42A.057. 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. The court accepting jurisdiction subsequently shall proceed as if the defendant's trial and conviction had occurred in that court. 2.15, eff. In order to settle your case with an amendment, you will be required to sign a waiver of attorney. United States v. Bailey, 343 F.Supp. (e) If, based on the evaluation conducted under Subsection (d), the judge determines that the defendant would likely benefit from medication-assisted treatment approved by the United States Food and Drug Administration for alcohol dependence, the judge may require as a condition of community supervision that the defendant submit to an evaluation by a licensed physician to determine whether the defendant would benefit from medication-assisted treatment. 42A.754. The presiding judge may deny the motion without holding a hearing or may appoint a judge to hold a hearing on the motion. 7, eff. Art. (i) In a revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay community supervision fees or court costs or by failing to pay the costs of legal services as described by Article 42A.301(b)(11), the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge. 385), Sec. . (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. The clerk's report under this subsection must include the beginning date of the defendant's community supervision. The judge may impose any reasonable condition that is not duplicative of another condition and that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. 15, eff. The burden of establishing by clear and convincing evidence that the person will not flee or pose a danger to any other person or to the community rests with the person. 1232), Sec. 23.012(c), eff. If the court finds the defendant is unable to make payment, the court shall make the counseling sessions or enrollment in the program available without cost to the defendant. The court shall appoint counsel for an indigent defendant in accordance with the procedures adopted under Article 26.04. 948 (S.B. Art. 2.17, eff. Although Scarpelli did not impose as a constitutional requirement a right to counsel in all instances, under 18 U.S.C. 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. 42A.757. Art. (b) If a judge requires a defendant as a condition of community supervision to attend an alcohol awareness program or drug education program described by Subsection (a), unless the judge determines that the defendant is indigent and unable to pay the cost, the judge shall require the defendant to pay the cost of attending the program. (c) Before the judge may require as a condition of community supervision that the defendant receive treatment in a state-funded substance abuse treatment program, including an inpatient or outpatient program, a substance abuse felony program under Article 42A.303, or a program provided to the defendant while confined in a community corrections facility as defined by Article 42A.601, the judge must consider the results of an evaluation conducted to determine the appropriate type and level of treatment necessary to address the defendant's alcohol or drug dependency. Acts 2019, 86th Leg., R.S., Ch. January 1, 2020. September 1, 2019. (B) has previously been placed on community supervision for an offense under Paragraph (A); (3) the defendant is charged with an offense under: (B) Section 22.021, Penal Code, that is punishable under Subsection (f) of that section or under Section 12.42(c)(3) or (4), Penal Code; or. Conditions of Probation in Texas Now, whether those conditionsbe curfew or interlocks or communityservice or jail time or GPS or nocontact orders, it is possible to try tochange the conditions but it is up tothe judge. Acts 2019, 86th Leg., R.S., Ch. ABILITY TO PAY. 42A.110. PDF Dispositions & Motions to Modify in Juvenile Cases The court shall notify the defendant and the attorney representing the state of the court's decision regarding whether to allow all or a portion of the payment to be satisfied by an alternative method. (e) Notwithstanding Subsection (d), the minimum period of community supervision under this article for a felony described by Article 42A.453(b) is five years. September 1, 2017. 23.013(b), eff. (b) The judge may waive the educational program requirement if the defendant by a motion in writing shows good cause. (b) If a defendant released to a medical care facility or medical treatment program 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). RELEASE OF INFORMATION TO SUPERVISION OFFICER; CONFIDENTIALITY OF REPORT. << (2) shall credit against any time a defendant is required to serve in a state jail felony facility time served before sentencing in a substance abuse felony punishment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code, or other court-ordered residential program or facility as a condition of deferred adjudication community supervision, but only if the defendant successfully completes the treatment program in that facility. (Added Apr. (2) ability to meet financial obligations. 1975), or pursuant to a final conviction of a subsequent offense, United States v. Tucker, supra; or if he was arrested but obtained his release. Art. (c) At any time after the imposition of a condition under Subsection (b), the defendant may request the judge to modify the child safety zone applicable to the defendant because the zone as created by the judge: (d) This article does not apply to a defendant described by Article 42A.453. 42A.451. Art. (c) If a judge places on deferred adjudication community supervision a defendant charged with an offense under Section 21.11 or 22.011, Penal Code, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that: (1) at the time of the offense, the defendant was not more than four years older than the victim or intended victim and the victim or intended victim was at least 15 years of age; and. 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. September 1, 2019. (2) prioritizing the conditions ordered by the court according to the defendant's progress under supervision. COMMUNITY SUPERVISION FOR STALKING OFFENSE; PROHIBITED CONTACT WITH VICTIM. (d) A secondary school is not required to allow a defendant to perform community outreach at that school. The amendment incorporates into the rule the standard of clear and convincing evidence. (a) 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 Department of State Health Services, to conduct an evaluation to determine the appropriateness of, and a course of conduct necessary for, alcohol or drug rehabilitation for a defendant and to report the results of that evaluation to the judge, if: (1) the judge determines that alcohol or drug abuse may have contributed to the commission of the offense; or. 1986 Subd. UPDATE: HB 2758, 86th Texas Legislative Session, effective September 1, 2019, amended the list of offenses where judges and juries may give probation. DNA SAMPLE. 4.007, eff. 3, eff. 28, 2010, eff. A defendant is entitled to refuse to participate in medication-assisted treatment, and a judge may not require as a condition of community supervision that the defendant participate in medication-assisted treatment. 4170), Sec. The provisions of Subchapter P authorizing the judge to revoke a defendant's community supervision or otherwise sanction the defendant apply with respect to a defendant who violates the requirement of this subsection. 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. Permit their probation officers to conduct random and unscheduled searches. SUBCHAPTER J. (4) the judge is informed that a plea bargain agreement exists, under which the defendant agrees to a punishment of imprisonment, and the judge intends to follow that agreement. (2) serve a term of not more than 90 days confinement in jail if the offense is a misdemeanor. I getclients that ask me from time to time ifthey can change the conditions of theirprobation. (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. No changes were made after the amendment was released for public comment. 10, eff. Acts 2021, 87th Leg., R.S., Ch. (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. 42A.755. 1352 (S.B. 42A.558. (f) If a judge places on deferred adjudication community supervision a defendant charged with a misdemeanor other than a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal Code, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that it is not in the best interest of justice that the defendant receive an automatic order of nondisclosure under Section 411.072, Government Code. (e) The judge may deny the motion without holding a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion. Acts 2019, 86th Leg., R.S., Ch. . September 1, 2021. But the court agreed with the Sixth Circuit that the allocution right in Rule 32 was not incorporated into Rule 32.1. In such cases, Texas law allows people to be sentenced to a term of "community supervision.". 4.005, eff. Can this be taken off, Administrative License Revocation (ALR) Hearings in Texas, Harris County DWI Pre-Trial Intervention (Diversion) Program, Intoxication Assault & Intoxication Manslaughter, Aggravated Promotion of Prostitution in Texas, Electronic Transmission of Certain Visual Material Depicting Minor, Improper Relationship Between Educator and Student, Possession or Promotion of Child Pornography, Possession or Promotion of Lewd Visual Material Depicting Child, Sexual Assault & Sexual Assault of a Child, Unlawful Disclosure or Promotion of Intimate Visual Material. (2) applies for and receives an occupational driver's license with an ignition interlock designation under Section 521.2465, Transportation Code. Acts 2017, 85th Leg., R.S., Ch. The probationer may be released pursuant to rule 46(c) pending the revocation hearing. Art. (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. (4) Appearance in the District With Jurisdiction. INSPECTION AND COMMENT BY DEFENDANT; ACCESS TO INFORMATION BY STATE. (B) serves the county in which the court is located. 109 (S.B. The original fine imposed on the defendant and an increase in the fine imposed under this subsection may not exceed the maximum fine for the offense for which the defendant was sentenced. (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. 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.