42A.653. Art. 1132 (H.B. (2) the judge determines, in consultation with a local mental health or intellectual disability services provider, that mental health or intellectual disability services, as appropriate, are available for the defendant through: (A) the Department of State Health Services or the Department of Aging and Disability Services under Section 534.053, Health and Safety Code; or. Felony probation is an alternative to a jail sentence.It is available in certain felony cases in Texas. Its county seat is Dallas, which is also the third-largest city in Texas and the ninth-largest city in the United States. But I agree that you would have a good argument for modification of the conditions. 385), Sec. (b) A fine imposed under this article is in addition to court costs or any other fee or fine imposed on the defendant. (3) Advice. This hearing may be waived by the probationer. On July 31, 2003, the court, Bentivegna, J., imposed a "[t]otal effective sentence, eight years, execution suspended after four years to serve, three years probation." 3 The defendant made no objection at the time of sentencing and did not file his motion to correct the sentence until April 12, 2005, almost two years later. Acts 2021, 87th Leg., R.S., Ch. Disposition Option 2: Remove the respondent from home and place him/her on probation outside the home. Acts 2019, 86th Leg., R.S., Ch. 23.012(a), eff. Id. Since Morrissey v. Brewer, 408 U.S. 471 (1972), and Gagnon v. Scarpelli, 411 U.S. 778 (1973), it is clear that a probationer can no longer be denied due process in reliance on the dictum in Escoe v. Zerbst, 295 U.S. 490, 492 (1935), that probation is an act of grace. See Van Alstyne, The Demise of the Right-Privilege Distinction in Constitutional Law, 81 Harv.L.Rev. 346), Sec. (iii) it would unduly depreciate the seriousness of the violation if probation were not revoked. Acts 2017, 85th Leg., R.S., Ch. ISSUANCE OF WARRANT BY COURT HAVING GEOGRAPHICAL JURISDICTION. (2) a term of confinement under Section 12.35, Penal Code. 1998) (allocution right in Rule 32 does not apply to revocation proceedings). Art. In this subchapter: (1) "Council" means the Council on Sex Offender Treatment. (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). (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. (b) A judge may impose a sanction on a defendant described by Subsection (a)(3) by increasing the fine imposed on the defendant. 15, eff. If ordered by the judge who placed the defendant on community supervision, a community corrections facility director shall attempt to place a defendant as a worker in a community service project of a type described by Article 42A.304. Art. Acts 2021, 87th Leg., R.S., Ch. 15A-1344 (d) goes on to list the court's . FEES DUE ON CONVICTION. September 1, 2021. (a) If a judge having jurisdiction of a case requires as a condition of community supervision that the defendant submit to a term of confinement in a county jail, the term of confinement may not exceed: (b) A judge who requires as a condition of community supervision that the defendant serve a term of confinement in a community corrections facility under Subchapter M may not impose a term of confinement under this article that, if added to the term imposed under Subchapter M, exceeds 24 months. 42A.202. 42A.402. endobj Art. 877 (H.B. 9, eff. 6 0 obj (b) Notwithstanding Sections 521.344(d)-(i), Transportation Code, if under Article 42A.404 the judge requires a defendant punished under Section 49.09, Penal Code, to successfully complete an educational program as a condition of community supervision, or waives the required completion of the program, and the defendant has previously been required to successfully complete such an educational program, or the required completion of the program had been waived, the judge shall order the suspension of the defendant's driver's license for a period determined by the judge according to the following schedule: (1) not less than 90 days or more than one year, if the defendant is convicted under Sections 49.04-49.08, Penal Code; (2) not less than 180 days or more than two years, if the defendant is punished under Section 49.09(a) or (b), Penal Code; or. The Committee envisions that the term electronic would include use of facsimile transmissions. 4.006, eff. Art. 6, eff. 42A.102. 2299), Acts of the 84th Legislature, Regular Session, 2015, is considered to be a reference to the part of this chapter that revises that statute or part of that statute. Art. Art. 584 (S.B. (a) If a judge grants community supervision to a defendant convicted of an offense under Section 42.09, 42.091, 42.092, or 42.10, Penal Code, the judge may require the defendant to: (1) complete an online responsible pet owner course approved and certified by the Texas Department of Licensing and Regulation; or. COMMUNITY SUPERVISION FOR CERTAIN ORGANIZED CRIME OFFENSES; RESTRICTIONS ON OPERATION OF MOTOR VEHICLE. DISPOSITION OF SALARY. Subdivision (a)(6). Acts 2019, 86th Leg., R.S., Ch. The Committee made minor clarifying changes in the published rule at the suggestion of the Style Committee. The director shall deposit the salary into a fund to be given to the defendant on release after the director deducts: (1) the cost to the center for the defendant's food, housing, and supervision; (2) the necessary expense for the defendant's travel to and from work and community service projects, and other incidental expenses of the defendant; (3) support of the defendant's dependents; and. 2018 The Law Office of Lytza Rojas, PLLC | Web Design by WildwoodSEO, Administrative License Revocation (ALR) Hearings. (2) applies for and receives an occupational driver's license with an ignition interlock designation under Section 521.2465, Transportation Code. 42A.560. 42A.512. Followed the terms of the probation order to the letter. (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. Acts 2019, 86th Leg., R.S., Ch. (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 medical care facility or medical treatment program if the Texas Correctional Office on Offenders with Medical or Mental Impairments: (2) in cooperation with the community supervision and corrections department serving the sentencing court, prepares for the defendant a medically recommended intensive supervision plan that: (A) ensures appropriate supervision of the defendant; and. 1, eff. If the defendant provides the court evidence under Section 709.001, Transportation Code, sufficient to establish that the defendant is indigent for purposes of that section, the judge may enter in the record a finding that the defendant is indigent and reduce the costs to the defendant by ordering a waiver of the installation charge for the ignition interlock device and a 50 percent reduction of the monthly device monitoring fee. 977 (H.B. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (c) The judge shall set out in the judgment, as applicable: Acts 2017, 85th Leg., R.S., Ch. Art. 324 (S.B. The court shall appoint counsel for an indigent defendant in accordance with the procedures adopted under Article 26.04. 3006A(b) a defendant is entitled to be represented by counsel whenever charged with a violation of probation.. (1) "Charitable organization" has the meaning assigned by Section 2252.906, Government Code. 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. The probation officer begins the process of revoking probation by notifying the district attorney of the violation. September 1, 2021. 1488), Sec. (a) If a defendant is placed on community supervision after receiving a grant of deferred adjudication community supervision for or being convicted of an offense under Section 21.11, 22.011, or 22.021, Penal Code, at any time during the period of community supervision, the judge may extend the period of community supervision as provided by this article. 42A.603. 8 . (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. /Filter /DCTDecode (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. 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. SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND OFFENDERS. (B) the actor committed the offense with the intent to commit a felony under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; (13) Section 43.04, Penal Code (Aggravated Promotion of Prostitution); (14) Section 43.05, Penal Code (Compelling Prostitution); (15) Section 43.25, Penal Code (Sexual Performance by a Child); (16) Chapter 481, Health and Safety Code, for which punishment is increased under: (A) Section 481.140 of that code (Use of Child in Commission of Offense); or, (B) Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections; or. (f) The clerk of a court that collects a reimbursement fee imposed under Subsection (d)(2) shall deposit the reimbursement fee to be sent to the comptroller as provided by Subchapter B, Chapter 133, Local Government Code, and the comptroller shall deposit the reimbursement fee into the general revenue fund. Changes Made After Publication and Comment. INFORMATION PROVIDED TO DEFENDANT PLACED ON COMMUNITY SUPERVISION. PLACEMENT ON COMMUNITY SUPERVISION. Art. (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. United States v. Francischine, 512 F.2d 827 (5th Cir. (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. (2) in cooperation with the community supervision and corrections department serving the sentencing court, prepares for the defendant a medically recommended intensive supervision and continuity of care plan that: (A) ensures appropriate supervision of the defendant by the community supervision and corrections department; and. 42A.252. (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. 23.016(d), eff. (e) A defendant is entitled to time credits toward the completion of the defendant's period of community supervision for earning the following diplomas, certificates, or degrees: (1) a high school diploma or high school equivalency certificate: 90 days; and. (2) directed by the judge for the effective supervision of the defendant. September 1, 2021. (B) order the sentence to be executed in whole or in part as provided by Article 42A.551(d). The district attorney then files a motion to revoke probation and asks the judge to order the revocation of probation. Ordinarily this time will be measured from the time of the probable cause finding (if a preliminary hearing was held) or of the issuance of an order to show cause. (d) A judge shall credit against any time a defendant is subsequently required to serve in a state jail felony facility after revocation of community supervision time served after sentencing: (2) 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 if the defendant successfully completes the treatment program in that facility. 3016), Sec. (f) The judge may suspend in whole or in part the imposition of any fine imposed on conviction. September 1, 2021. Each biennium, when the Texas legislature meets, stakeholders work to strengthen Texas' ignition 4170), Sec. CONTINUING JURISDICTION IN FELONY CASES. The amendment reflects a number of significant improvements in technology. A defendant remains obligated to pay any unpaid fine or court cost after the expiration of the defendant's period of community supervision.