8, eff. As of the 2010 census, the population was 2,368,139. (g) In making a determination under Subsection (f), a court may waive completely or partially a payment required under Article 42A.652 only if, after waiving all other applicable payments included under Subsection (b), the court determines that the defendant does not have sufficient resources or income to make the payment. Amendments may be done by agreement by you and your probation officer to address an issue. In establishing the amount of a reimbursement fee under Subsection (d)(2), the judge shall consider fines, fees, and other necessary expenses for which the defendant is obligated. Williamson County offers a full range of employee benefit programs for eligible full-time employees, retirees, and their families. The amendment makes clear that only subsection 3143(a)(1) is applicable in this context. (2) before the first anniversary of the date the period of community supervision ends, if a motion for revocation of community supervision is filed before the date the period of community supervision ends. The judge may waive or reduce the reimbursement fee or suspend a monthly payment of the fee if the judge determines that payment of the reimbursement fee would cause the defendant a significant financial hardship. (i) A supervision officer who under Subsection (c)(2) specifies a sex offender treatment provider to provide counseling to a defendant shall: (1) contact the provider before the defendant is released; (2) establish the date, time, and place of the first session between the defendant and the provider; and. 12, 2006, eff. 21.001(4), eff. 2.02, eff. 1488), Sec. 584 (S.B. (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. (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. Art. INSPECTION AND COMMENT BY DEFENDANT; ACCESS TO INFORMATION BY STATE. (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. Art. Art. 42A.505. 790 (H.B. (b) A judge may not deny community supervision to a defendant based solely on the defendant's inability to speak, read, write, hear, or understand English. (a) A court granting community supervision to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 shall require as a term of community supervision that the defendant: (1) serve a term of not more than one year imprisonment in the Texas Department of Criminal Justice if the offense is a felony other than an offense under Section 19.02, Penal Code; or. 1975). September 1, 2019. These rules can be tedious and complicated. Texas State Law Library Consumer & Self-Help Information - The State Law Library web site has Self-Help information, forms, and links. 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. The term does not include a parent whose parental rights have been terminated. (2) ability to meet financial obligations. (c) A defendant required to perform community service under this article is not a state employee for the purposes of Chapter 501 or 504, Labor Code. 42A.701. September 1, 2017. Aug. 1, 1987; Apr. (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. 42A.607. Acts 2021, 87th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 42A.553. September 1, 2017. 42A.513. 42A.152. January 1, 2017. September 1, 2017. 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. Changes Made After Publication and Comment. (3) "Electronic monitoring" includes voice tracking systems, position tracking systems, position location systems, biometric tracking systems, and any other electronic or telecommunications system that may be used to assist in the supervision of defendants under this chapter. 790 (H.B. /CreationDate (D:20210319014439+02'00') These rules can be tedious and complicated. As noted in the Committee Note to Rule 26.2, the primary reason for extending that Rule to other hearings and proceedings rests heavily upon the compelling need for accurate information affecting the witnesses credibility. 324 (S.B. 42A.401. Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. The Probationer appeared by attorney, and the State of Texas appeared by her Assistant Criminal District Attorney and the probation officer of the Court. (a) This article applies only to a defendant who is required to register as a sex offender under Chapter 62, by court order or otherwise, and: (1) is convicted of or receives a grant of deferred adjudication community supervision for a violation of Section 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal Code; (2) used the Internet or any other type of electronic device used for Internet access to commit the offense or engage in the conduct for which the person is required to register under Chapter 62; or. (1) Person In Custody. (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. Its Ask a Librarian feature allows users to get legal information from a librarian by email. The judge may suspend in whole or in part the imposition of any fine imposed on conviction. 324 (S.B. And while the modification of probation is a part of the sentencing procedure, so that the probationer is ordinarily entitled to a hearing and presence of counsel, a modification favorable to the probationer may be accomplished without a hearing in the presence of defendant and counsel. If the report indicates that the defendant has made significant progress toward court-ordered conditions of community supervision, the judge shall modify the judge's sentence and release the defendant in the same manner as provided by Subsection (a). (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. 467 (H.B. The form must provide for the judge to: (2) discharge the defendant, set aside the verdict or permit the defendant to withdraw the defendant's plea, and dismiss the accusation, complaint, information, or indictment against the defendant. (e) The judge shall set out in the judgment, as applicable: (1) the finding of good cause for waiver; or. The judge, in the judge's discretion, may credit against the fine assessed the cost paid by the defendant. If a defendant who is required as a condition of community supervision to serve a term of confinement under this subchapter is not required by the judge to deliver the defendant's salary to the restitution center director, the employer of the defendant shall deliver the salary to the director. The Judge will review the filed motion to revoke your probation and if the Judge signs the motion a warrant will issue for your arrest and a hearing date will be set on your motion to revoke your probation. 13, eff. (a) A judge granting community supervision to a defendant convicted of an offense under Chapter 49, Penal Code, shall require as a condition of community supervision that the defendant submit to: (1) not less than 72 hours of continuous confinement in county jail if the defendant was punished under Section 49.09(a), Penal Code; (2) not less than five days of confinement in county jail if the defendant was punished under Section 49.09(a), Penal Code, and was subject to Section 49.09(h), Penal Code; (3) not less than 10 days of confinement in county jail if the defendant was punished under Section 49.09(b), Penal Code; (4) not less than 30 days of confinement in county jail if the defendant was convicted of an offense under Section 49.07, Penal Code; or. 1132 (H.B. 915 (H.B. (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. Currently, the rule requires the government to produce certified copies of those documents. But your lawyer should be able togive you a better idea of your chancesof success based on the county and thejudge youre in front of. Acts 2021, 87th Leg., R.S., Ch. (g) The Department of Public Safety shall approve ignition interlock devices for use under this article. 324 (S.B. motion termination floridar a one-size-fits-all solution to design motion for early termination of probation texas form? 2d 161 (D. Mass. 42A.605. 1488), Sec. And under (C), upon request by the probationer, adverse witnesses shall be made available for questioning unless the magistrate determines that the informant would be subjected to risk or harm if his identity were disclosed. 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. (B) five years, for any of the following third degree felonies: (i) a third degree felony under Title 7, Penal Code; and. Subdivision (a)(5)(B)(i). Notes of Advisory Committee on Rules1991 Amendment. 42A.561. June 2, 2019. Completed at least half the time sentenced. (2) impose a fine applicable to the offense and place the defendant on community supervision. 1480), Sec. SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES. Changes Made After Publication and Comment. Acts 2017, 85th Leg., R.S., Ch. (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. (B) explains that finding on the record. Please contact Keitra Davis, Judicial Assistant by email at CTJAKD3@OCNJCC.ORG to schedule a bond hearing on all County Criminal Domestic Violence cases, even if formal charges have not been filed 2 324 (S.B. (1) after arrest and before conviction, if requested by the defendant; (2) after conviction and before sentencing, if the judge assesses punishment in the case; (3) after sentencing and before the entry of a final judgment, if the jury assesses punishment in the case; or. On receipt of the request, the agency shall forward a copy of the record to the court as soon as possible. 324 (S.B. (2) the judge determines that extending the supervision period increases the likelihood that the defendant will fully pay the fine, cost, or restitution. The rule requires that if electronic means are to be used to transmit a warrant to the magistrate judge, the means used be reliable. While the rule does not further define that term, the Committee envisions that a court or magistrate judge would make that determination as a local matter. 42A.552. Probation revocations can be stressful and scary. 1488), Sec. 42A.503. 1014 (H.B. 15, eff. (b) The defendant is entitled to a hearing limited to a determination by the court of whether the court will proceed with an adjudication of guilt on the original charge. See generally ABA Standards, supra, 3.3. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION PERIOD. (d) Disposition of the Case. If the person is arrested or appears in a district that does not have jurisdiction to conduct a revocation hearing, the magistrate judge must: (A) if the alleged violation occurred in the district of arrest, conduct a preliminary hearing under Rule 32.1(b) and either: (i) transfer the person to the district that has jurisdiction, if the judge finds probable cause to believe that a violation occurred; or, (ii) dismiss the proceedings and so notify the court that has jurisdiction, if the judge finds no probable cause to believe that a violation occurred; or. 42A.702. September 1, 2021. The judge may not inspect a presentence report and the contents of the report may not be disclosed to any person unless: (1) the defendant pleads guilty or nolo contendere or is convicted of the offense; or. (b) The court shall require the defendant to pay the cost of attending the firearms safety course under Subsection (a)(2). (2) attend psychological counseling sessions for sex offenders with an individual or organization that provides sex offender treatment or counseling as specified or approved by the judge or the defendant's supervision officer. The court is to balance the person's interest in the constitutionally guaranteed right to confrontation against the government's good cause for denying it. 42A.204. 42A.306. (b) The Department of State Health Services shall approve education provided at substance abuse treatment facilities. Revocation of probation is proper if the court finds a violation of the conditions of probation and that such violation warrants revocation. . September 1, 2017. This is often referred to as a "motion for time served" or a "motion for jail time credit." Requests are not guaranteed and are at the judge's discretion. September 1, 2019. (C) Referral. 42A.107. Second, the technology has advanced to the state where such filings could be sent from, and received at, locations outside the courthouse. 1507), Sec. Art. Acts 2019, 86th Leg., R.S., Ch. Art. (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. 4170), Sec. 42A.153. The court has the authority to make such changes under California Penal Code Section 1203.3 (PC 1203.3). (b) On completion of one-half of the original community supervision period or two years of community supervision, whichever is more, the judge shall review the defendant's record and consider whether to reduce or terminate the period of community supervision, unless the defendant: (1) is delinquent in paying required restitution that the defendant has the ability to pay; or. Acts 2017, 85th Leg., R.S., Ch. (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. 1971). (3) the court determines under Subsection (d) that the defendant has one or more previous convictions under Sections 49.04-49.08, Penal Code. (b) A judge granting community supervision to a defendant convicted of an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d) may establish a child safety zone applicable to the defendant, if the nature of the offense for which the defendant is convicted warrants the establishment of a child safety zone, by requiring as a condition of community supervision that the defendant not: (1) supervise or participate in any program that: (A) includes as participants or recipients persons who are 17 years of age or younger; and, (B) regularly provides athletic, civic, or cultural activities; or. September 1, 2017. Art. CONTENTS OF PRESENTENCE REPORT. A revocation hearing is scheduled, and the defendant has the opportunity to defend against the allegations that . Call the judicial assistant for your assigned division to (1) find out whether the judge has special instructions or requirements and (2) get a court date. Acts 2017, 85th Leg., R.S., Ch. (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. On a finding that the defendant is financially able to make payment, the judge shall require the defendant to pay a reimbursement fee for all or part of the reasonable and necessary costs of the treatment, supervision, or rehabilitation. Avoid illegal drugs and alcohol. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT INTOXICATION OFFENSES; WAIVER. >> United States v. Bailey, 343 F.Supp. 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. 324 (S.B. 15A-1344 (d), the court has power to modify the conditions of probation or extend the probation "at any time prior to the expiration or termination of the probation . The court's disposition of the case is governed by 18 U.S.C. 877 (H.B. 3563 and 3565 (probation) and 3583 (supervised release). Acts 2017, 85th Leg., R.S., Ch. If the court grants an extension of time in which the defendant may complete the educational program under Article 42A.403, the court clerk shall immediately report that fact to the Department of Public Safety on a form prescribed by the department. 4, eff. (4) "Supervision officer" means a person appointed or employed under Section 76.004, Government Code, to supervise defendants placed on community supervision. 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. Texas law no longer refers to this as probation, but the word probation is still commonly used. September 1, 2021. (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. (h) Notwithstanding any other provision of this subchapter, if a defendant is required to operate a motor vehicle in the course and scope of the defendant's employment and if the vehicle is owned by the employer, the defendant may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified of that driving privilege restriction and if proof of that notification is with the vehicle. 3006A(b) a defendant is entitled to be represented by counsel whenever charged with a violation of probation.. 42A.103. September 1, 2021. CHANGE OF RESIDENCE WITHIN THE STATE. If the judge does not find probable cause, the judge must dismiss the proceeding. (4) pay the costs of testing, assessment, and treatment or education, either directly or as a court cost. The amendment incorporates into the rule the standard of clear and convincing evidence. But a district judge must make the revocation decision if the offense of conviction was a felony. Art. (b) The change of residence is subject to: (2) any regulations the judge may require in the absence of a supervision officer in the locality to which the defendant is transferred. 42A.452. 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. The motion was denied after a hearing, and the defendant filed a notice of appeal to this Court a week after the denial of the motion. (e) The judge may not authorize the defendant to perform hours of community outreach under this article instead of performing hours of community service if: (1) the defendant is physically or mentally incapable of participating in community outreach; or. September 1, 2019. Art. 162), Sec. (2) the finding that the defendant has successfully completed education as provided by Article 42A.4045. (d) On revocation, the judge shall credit to the defendant time served as a condition of community supervision 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, but only if the defendant successfully completes the treatment program in that facility. (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. 790 (H.B. (c) A judge may extend the maximum period of deferred adjudication community supervision in the manner provided by Article 42A.753 or 42A.757. (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. My probation condition says that I cant be around my daughter unless there is someone over the age of 18 with us. September 1, 2021. (C) the defendant is an applicant for or the holder of a license or certificate issued under Chapter 1701, Occupations Code. January 1, 2020. September 1, 2017. The Committee believes that the new language is not a substantive change because it makes no change in practice. The person may waive the hearing. Acts 2017, 85th Leg., R.S., Ch. 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. The amendments recognize that convicted defendants may be on supervised release as well as on probation. Amendments have the potential of significantly changing your probation terms and should not be agreed to lightly. 42A.501. (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. 385), Sec. Acts 2021, 87th Leg., R.S., Ch. Art. 1352 (S.B. 3653. (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. (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 q" (4) the placement of the defendant in a substance abuse felony punishment program operated under Section 493.009, Government Code, if: (A) the defendant is convicted of a felony other than: (i) a felony under Section 21.11, 22.011, or 22.021, Penal Code; or, (ii) criminal attempt of a felony under Section 21.11, 22.011, or 22.021, Penal Code; and. 42A.655. (C) pay a percentage of the defendant's income to the facility for room and board; (12) submit to testing for alcohol or controlled substances; (13) attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Department of State Health Services; (14) with the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation; (16) reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56B.003, of the offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony; (17) reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense; (18) reimburse all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense; (19) pay a fine in an amount not to exceed $50 to a crime stoppers organization, as defined by Section 414.001, Government Code, and as certified by the Texas Crime Stoppers Council; (20) 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; and.
