(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, and "general residential operation" has the meaning assigned by Section 42.002, Human Resources Code. (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. Added by Acts 2017, 85th Leg., R.S., Ch. Section 521.247, Transportation Code, applies to the approval of a device under this article and the consequences of that approval. (h) Notwithstanding Subsection (c)(1)(B), a requirement that a defendant not go in, on, or within 1,000 feet of certain premises does not apply to a defendant while the defendant is in or going immediately to or from a: (1) community supervision and corrections department office; (2) premises at which the defendant is participating in a program or activity required as a condition of community supervision; (3) residential facility in which the defendant is required to reside as a condition of community supervision, if the facility was in operation as a residence for defendants on community supervision on June 1, 2003; or. (b) Article 42A.053 does not apply to a defendant when it is shown that: (1) a deadly weapon as defined by Section 1.07, Penal Code, was used or exhibited during the: (B) immediate flight from the commission of a felony offense; and, (A) used or exhibited the deadly weapon; or. (B) the victim of the offense is a child; (11) Section 29.03, Penal Code (Aggravated Robbery); (12) Section 30.02, Penal Code (Burglary), if: (A) the offense is punishable under Subsection (d) of that section; and. 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. Acts 2021, 87th Leg., R.S., Ch. (4) after community supervision is granted, if the evaluation is required as a condition of community supervision under Article 42A.402. (B) Section 49.07 or 49.08, Penal Code, if the offense involved the operation of a motor vehicle and was committed within five years of the date on which the most recent preceding offense was committed. (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. This rule added by order of the United States Supreme Court of Apr. Added by Acts 2019, 86th Leg., R.S., Ch. (B) appears to the judge, through the judge's own observation or on the suggestion of a party, to have a mental impairment; (7) information regarding whether the defendant is a current or former member of the state military forces or whether the defendant currently serves or has previously served in the armed forces of the United States in an active-duty status and, if available, a copy of the defendant's military discharge papers and military records; (8) if the defendant has served in the armed forces of the United States in an active-duty status, a determination as to whether the defendant was deployed to a combat zone and whether the defendant may suffer from post-traumatic stress disorder or a traumatic brain injury; and. 42A.516. Added by Acts 2021, 87th Leg., R.S., Ch. . 1, eff. 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. (2) "Sex offender" means a person who has been convicted of, or has entered a plea of guilty or nolo contendere for, an offense under any one of the following provisions of the Penal Code: (A) Section 20.04(a)(4) (Aggravated Kidnapping), if the person committed the offense with the intent to violate or abuse the victim sexually; (C) Section 21.11 (Indecency with a Child); (E) Section 22.021 (Aggravated Sexual Assault); (F) Section 25.02 (Prohibited Sexual Conduct); (i) the offense is punishable under Subsection (d) of that section; and. See Morrissey v. Brewer, supra (the process should be flexible enough to consider evidence including letters, affidavits, and other material that would not be admissible in an adversary criminal trial); Rule 1101(d)(e) of the Federal Rules of Evidence (rules not applicable to proceedings granting or revoking probation). (a) If community supervision is revoked after a hearing under Article 42A.751(d), the judge may: (1) proceed to dispose of the case as if there had been no community supervision; or. 42A.653. 42A.453. (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. 10, eff. (a) This article applies only to a defendant who: (1) is granted community supervision, including deferred adjudication community supervision, for an offense punishable as a state jail felony or a felony of the third degree, other than an offense: (A) included as a "reportable conviction or adjudication" under Article 62.001(5); (B) involving family violence as defined by Section 71.004, Family Code; (C) under Section 20.03 or 28.02, Penal Code; or. 14, eff. (f) Notwithstanding any other provision of this subchapter or other law, a judge who places on community supervision a defendant who was younger than 21 years of age at the time of the offense and was convicted for an offense under Sections 49.04-49.08, Penal Code, shall order that the defendant's driver's license be suspended for 90 days beginning on the date the defendant is placed on community supervision. Aug. 1, 1987; Apr. 2.17, eff. September 1, 2017. ADDITIONAL MONTHLY FINE FOR CERTAIN SEX OFFENDERS. 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. In others, it is not an option. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION FOR ORDER OF NONDISCLOSURE. Art. PRESENTENCE REPORT REQUIRED. September 1, 2017. January 1, 2021. 3016), Sec. Acts 2017, 85th Leg., R.S., Ch. (c) The executive commissioner of the Health and Human Services Commission shall adopt rules to implement this article. Art. Disposition Option 3: Commit the respondent to TJJD, if the adjudication was for felony offense. (ii) the defendant's alcohol concentration, as defined by Section 49.01, Penal Code, was 0.15 or more; (C) for which punishment may be increased under Section 49.09, Penal Code; (D) for which punishment may be increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any one of those subsections; or. 23.016(a), eff. (a) The court shall consider the defendant's ability to pay before ordering the defendant to make any payments under this chapter. REVIEW OF PRESENTENCE REPORT. 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. 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. 1017 (H.B. September 1, 2021. The term does not include a parent whose parental rights have been terminated. Art. September 1, 2019. For the purposes of a hearing under Article 42A.108, it is an affirmative defense to revocation for an alleged violation based on a failure to report to a supervision officer as directed or to remain within a specified place that no supervision officer, peace officer, or other officer with the power of arrest under a warrant issued by a judge for that alleged violation contacted or attempted to contact the defendant in person at the defendant's last known residence address or last known employment address, as reflected in the files of the department serving the county in which the order of deferred adjudication community supervision was entered. Subdivision (a)(6). LIMITATION ON JURY-RECOMMENDED COMMUNITY SUPERVISION. 42A.201. If the person is arrested or appears in the district that has jurisdiction to conduct a revocation hearingeither originally or by transfer of jurisdictionthe court must proceed under Rule 32.1(b)(e). Acts 2019, 86th Leg., R.S., Ch. 5, eff. Art. Acts 2021, 87th Leg., R.S., Ch. 1017 (H.B. 42A.302. 42A.257. 42A.402. The court has the authority to make such changes under California Penal Code Section 1203.3 (PC 1203.3). Added by Acts 2017, 85th Leg., R.S., Ch. 42A.352. The Probationer appeared by attorney, and the State of Texas appeared by her Assistant Criminal District Attorney and the probation officer of the Court. While that need is certainly clear in a trial on the merits, it is equally compelling, if not more so, in other pretrial and post-trial proceedings in which both the prosecution and defense have high interests at stake. (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. 3130), Sec. 1.01, eff. (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. AND CONDITIONS OF PROBATION On the _____ day of _____, 200___ , came to be heard the Probationer's Motion to Modify and Extend Terms of Probation. (c) When the defendant or the attorney representing the state files a written motion requesting the judge to suspend further execution of the sentence and place the defendant on community supervision, the clerk of the court, if requested to do so by the judge, shall request a copy of the defendant's record while confined from the facility director of the state jail felony facility in which the defendant is confined or, if the defendant is confined in county jail, from the sheriff. A petition to modify condition of probation/order is sometimes filed when there are objections to the terms of probation. Art. (2) pay a reimbursement fee in an amount established by the judge for residential aftercare required as part of the treatment plan. (f) The maximum period of community supervision in a misdemeanor case is two years. (e) The judge shall set out in the judgment, as applicable: (1) the finding of good cause for waiver; or. 42A.407. 42A.560. Dallas County is a county located in the U.S. state of Texas. 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. Neither have I any particular history of alcohol-related charges nor conviction,-aside from a single arrest for drunk driving. CONFINEMENT AS A CONDITION OF COMMUNITY SUPERVISION. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON DRIVING RECORD AND LICENSE. (b) If the judge who originally sentenced the defendant is deceased or disabled or the office is vacant, and if a motion is filed in accordance with Article 42A.202, the clerk of the court shall promptly forward a copy of the motion to the presiding judge of the administrative judicial district for that court. 42A.517. (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. The determination to proceed with an adjudication of guilt on the original charge is reviewable in the same manner as a revocation hearing conducted under Article 42A.751(d) in a case in which the adjudication of guilt was not deferred. Art. (b) If the judge suspends the execution of the sentence or orders the execution of the sentence only in part as provided by Article 42A.551(d), the judge shall impose conditions of community supervision consistent with the recommendations contained in the presentence report prepared for the defendant under Subchapter F. (c) Except as otherwise provided by this subsection, a judge who places a defendant on community supervision for an offense listed in Article 42A.551(a) shall require the defendant to comply with substance abuse treatment conditions that are consistent with standards adopted by the Texas Board of Criminal Justice under Section 509.015, Government Code. 2352), Sec. Acts 2017, 85th Leg., R.S., Ch. (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. (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. Art. /AIS false (B) Requirements. (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. September 1, 2017. 42A.454. Motions to Revoke | Texas District & County - TDCAA; Texas Probation and Community Supervision Law; Texas Family Code 54.05 Hearing to Modify Disposition; Early Release Probation in Texas | Early Release Deferred Adjudication; Motion To Revoke Probation; Moving Out of State While On Probation; Information related to the topic motion to . (2) is broader than is necessary to protect the public, given the nature and circumstances of the offense. (2) the defendant has been previously convicted of an offense for which the court made an affirmative finding under Article 42.014. Added by Acts 2015, 84th Leg., R.S., Ch. 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. (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 an evaluation by a supervision officer or by a person, program, or facility approved by the Department of State Health Services for the purpose of having the facility prescribe and carry out a course of conduct necessary for the rehabilitation of the defendant's drug or alcohol dependence condition. (c) If the defendant is a sex offender, a supervision officer may release information in a presentence or postsentence report concerning the social and criminal history of the defendant to a person who: (1) is licensed or certified in this state to provide mental health or medical services, including a: (E) licensed marriage and family therapist; or. Fill out, edit, sign and download your documents in PDF. Added by Acts 2017, 85th Leg., R.S., Ch. 584 (S.B. In each instance the court is required to give the defendant the opportunity to make a statement and present any mitigating information. The typical process is as follows: If you have been told your probation is being revoked or if you have been in revocation status for awhile, it is very important you get an attorney immediately. ELIGIBILITY. POSTSENTENCE REPORT. TREATMENT, SPECIALIZED SUPERVISION, OR REHABILITATION. (c) Before a judge may place a defendant on community supervision under this article, the defendant must be assessed using the risk and needs assessment instrument adopted under Section 501.0921, Government Code, or a similar instrument that takes into consideration the defendant's prior criminal history. 584 (S.B. 1298 (H.B. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES INVOLVING OBSTRUCTION OF HIGHWAY OR OTHER PASSAGEWAY. (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. 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. Art. 5, eff. January 1, 2017. The language of Rule 32.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. (2) report the results of the evaluation to the judge. September 1, 2017. (5) whether the defendant has access to reliable Internet service sufficient to successfully complete an educational program offered online. COMMUNITY SUPERVISION FOR CERTAIN VIOLENT OFFENSES; CHILD SAFETY ZONE. 42A.102. 790 (H.B. Art. Art. (2) serves the county in which the court is located. Art. The amendment reflects a number of significant improvements in technology. (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. 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 42A.605. 3607), Sec. (g) This article does not apply to a defendant convicted of: (1) an offense under Sections 49.04-49.08, Penal Code; (2) an offense the conviction of which requires registration as a sex offender under Chapter 62; or. He is a graduate of the prestigious Texas Criminal Defense Lawyers Trial College and is a proven trial lawyer. You can use this form to make a request for a change in your payments. Art. EDUCATIONAL SKILL LEVEL.
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