Except as provided by Article 42A.052(a), only the judge may modify the conditions. (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 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Subdivisions (a)(2)(A)(E) list the rights to which a probationer is entitled at the final revocation hearing. The court's disposition of the case is governed by 18 U.S.C. Art. 324 (S.B. The arresting officer shall immediately report the arrest and detention to the judge. 948 (S.B. (d) Repealed by Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. 42A.506. 42A.560. The Department of Public Safety shall remit all fees collected under this subsection to the comptroller for deposit in the general revenue fund. 4.007, eff. The Committee made no changes to Rule 32.1 following publication. RECORD NOT CONFIDENTIAL; RIGHT TO PETITION FOR ORDER OF NONDISCLOSURE. (a) If the court grants community supervision to a defendant convicted of an offense described by Article 17.41(a), the court may require as a condition of community supervision that the defendant not: (1) directly communicate with the victim of the offense; or. 42A.257. ADDITIONAL MONTHLY FINE FOR CERTAIN SEX OFFENDERS. (b) If a judge orders a defendant to whom this article applies to perform community service, the judge may authorize the defendant to perform not more than 30 hours of community outreach under this article instead of performing hours of community service. 467 (H.B. The hearing on the motion to revoke probation shall be conducted in . 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. (g) Notwithstanding Subsection (d)(2) or (f), a judge may extend the maximum period of community supervision in the manner provided by Article 42A.753 or 42A.757. The court may also require the defendant to pay all or a part of the reasonable costs incurred by the victim for counseling made necessary by the offense, on a finding that the defendant is financially able to make payment. VIOLATION OF CONDITIONS OF COMMUNITY SUPERVISION; DETENTION AND HEARING. The violation report will be submitted to the prosecutors office and/or the Court. (a) A judge, in the best interest of justice, the public, and the defendant, after conviction or a plea of guilty or nolo contendere, may: (1) suspend the imposition of the sentence and place the defendant on community supervision; or. POSTSENTENCE REPORT. (j) This subsection applies only to a defendant whose payments are wholly or partly waived under this article. 324 (S.B. (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. (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. /ca 1.0 These programs include group health plans for medical and dental coverage; an Employee Assistance Program (EAP); life; short- term disability and long-term disability insurance; and flexible spending accounts for health care and dependent care reimbursements. (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. (b-2) Following a review conducted under Subsection (b) or (b-1), the judge may reduce or terminate the period of community supervision or decide not to reduce or terminate the period of community supervision. 42A.558. September 1, 2017. 4 0 obj JFIF K K C CONFINEMENT AS A CONDITION OF COMMUNITY SUPERVISION. 21.001(4), eff. (2) has fully satisfied any order to pay restitution to a victim. (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. (d) On an affirmative finding that the deadly weapon under Subsection (c) was a firearm, the court shall enter that finding in its judgment. September 1, 2019. (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 community supervision under this chapter in issuing, renewing, denying, or revoking a license under Chapter 42, Human Resources Code. September 1, 2017. See American Bar Association, Standards Relating to Probation 5.1 (Approved Draft, 1970). 324 (S.B. AUTHORITY TO SUSPEND EXECUTION OF SENTENCE IN FELONY CASES. 324 (S.B. 915 (H.B. (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. (a) Article 42A.053 does not apply to a defendant adjudged guilty of an offense under: (1) Section 15.03, Penal Code, if the offense is punishable as a felony of the first degree; (3) Section 19.03, Penal Code (Capital Murder); (4) Section 20.04, Penal Code (Aggravated Kidnapping); (5) Section 20A.02, Penal Code (Trafficking of Persons); (6) Section 20A.03, Penal Code (Continuous Trafficking of Persons); (7) Section 21.11, Penal Code (Indecency with a Child); (8) Section 22.011, Penal Code (Sexual Assault); (9) Section 22.021, Penal Code (Aggravated Sexual Assault); (10) Section 22.04(a)(1), Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if: (A) the offense is punishable as a felony of the first degree; and. To obtain early termination, it must request a hearing with aforementioned court and files a motion for modification are probation at least two days prior toward the hearing. 42A.455. (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. 584 (S.B. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES INVOLVING FAMILY VIOLENCE; SPECIAL CONDITIONS. (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. Art. (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. 42A.502. Rule 32.1(c)(2)(A) permits the person to waive a hearing to modify the conditions of probation or supervised release. (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. What Should I Do? Please find attached a sample Motion to Modify or Terminate Probation or Community Control that may help you file your own motion.You must contact your probation/community control officer immediately and inform them that you will be filing this motion with the Court and that you will give the officer a copy in the near future. Some examples of these changes include: Request a misdemeanor designation of the offense. SUBCHAPTER H. MANDATORY CONDITIONS GENERALLY. 42A.452. Technically it is up to the judge. Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. Dec. 1, 2006; Apr. In order to settle your case with an amendment, you will be required to sign a waiver of attorney. When the court My probation condition says that I cant be around my daughter unless there is someone over the age of 18 with us. (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. Art. See 18 U.S.C. Acts 2017, 85th Leg., R.S., Ch. sample motion for early termination of probation florida. After providing written notice to the defendant and an opportunity for the defendant to present information relevant to the defendant's ability to pay, the court may order the defendant to pay all or part of the waived amount of the payment only if the court determines that the defendant has sufficient resources or income to pay the amount. (b) The judge may waive the educational program requirement if the defendant by a motion in writing shows good cause. The hearing must be recorded by a court reporter or by a suitable recording device. In addition, Texas law mandates an IID be installed as a condition of probation for: all second and subsequent offenders, first offenders with a blood alcohol concentration (BAC) of .15 or higher, and first offenders under the age of 21 (CCP 42A.408). A judge who grants community supervision to a defendant charged with or convicted of an offense under Section 21.11 or 22.011(a)(2), Penal Code, may require the defendant to pay a fine in an amount not to exceed $50 to a children's advocacy center established under Subchapter E, Chapter 264, Family Code. 3, eff. 1488), Sec. EXTENSION OF COMMUNITY SUPERVISION AFTER VIOLATION. (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. (f) A defendant is considered to be finally convicted if the judge orders the sentence to be executed under Subsection (d)(2), regardless of whether the judge orders the sentence to be executed in whole or only in part. TERMINATE PROBATION MODIFY CONDITIONS OF BENCH PROBATION (e-1) Except as provided by Subsection (e-2), a judge granting deferred adjudication community supervision to a defendant for an offense under Section 49.04 or 49.06, Penal Code, shall require that the defendant as a condition of community supervision have an ignition interlock device installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant and that the defendant not operate any motor vehicle that is not equipped with that device. Acts 2017, 85th Leg., R.S., Ch. (2) has not completed court-ordered counseling or treatment. 346), Sec. 2.13, eff. Before modifying the conditions of probation or supervised release, the court must hold a hearing, at which the person has the right to counsel and an opportunity to make a statement and present any information in mitigation. (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.

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