Art. (2) has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity described by 8 U.S.C. (d-1) If the judge does not terminate the defendant's period of community supervision after conducting a review under this article: (1) the judge shall promptly advise the defendant's supervision officer of the reasons the judge did not terminate the defendant's period of community supervision; and. 346), Sec. 915 (H.B. COMMUNITY SUPERVISION FOR OFFENSE COMMITTED BECAUSE OF BIAS OR PREJUDICE. VIOLATION OF CONDITION OF DEFERRED ADJUDICATION COMMUNITY SUPERVISION; HEARING. I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion for Early Release from Probation was forwarded to Mr. Bill Hill, District Attorney, Frank Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75207 on this the ________ day of _______ , 200___. (d) A judge who grants community supervision to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, shall require, if the defendant has not submitted to an evaluation under Article 42A.257 before receiving community supervision, that the defendant submit to the evaluation as a condition of community supervision. CONFINEMENT. Acts 2021, 87th Leg., R.S., Ch. (d) On an affirmative finding that the deadly weapon under Subsection (c) was a firearm, the court shall enter that finding in its judgment. REPORT BY DIRECTOR OF FACILITY. (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. << January 1, 2020. Art. 385), Sec. 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. (b) The judge of the court having jurisdiction of the case may, at any time during the period of community supervision, modify the conditions of community supervision. 42A.254. (a) On conviction of an offense punishable as a Class C misdemeanor under Section 42.01, Penal Code, for which punishment is enhanced under Section 12.43(c), Penal Code, based on previous convictions under Section 42.01 or 49.02, Penal Code, the court may suspend the imposition of the sentence and place the defendant on community supervision if the court finds that the defendant would benefit from community supervision and enters its finding on the record. Acts 2019, 86th Leg., R.S., Ch. The defendant may continue to participate in a program following the defendant's completion of that period. (b) All provisions of this chapter applying to a defendant placed on community supervision for a misdemeanor apply to a defendant placed on community supervision under Subsection (a), except that the court shall require the defendant as a condition of community supervision to: (1) submit to diagnostic testing for addiction to alcohol or a controlled substance or drug; (2) submit to a psychological assessment; (3) if indicated as necessary by testing and assessment, participate in an alcohol or drug abuse treatment or education program; and. September 1, 2017. September 1, 2017. (b) The court may require as a condition of community supervision that a defendant placed on community supervision after conviction of an offense under Sections 49.04-49.08, Penal Code, 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. (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. In this regard, most courts are now equipped to require that certain documents contain a digital signature, or some other similar system for restricting access. See generally ABA Standards, supra, 3.3. But a district judge must make the revocation decision if the offense of conviction was a felony. (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. 42A.754. 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. (5) the supervision officer and the treatment provider agree on a chaperon to accompany the defendant and the chaperon agrees to perform that duty. 42A.385. 324 (S.B. (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. September 1, 2019. (f) A defendant placed on community supervision under this article must participate fully in the program described by Subsection (a). Art. 1488), Sec. (B) explains that finding on the record. Please follow up with contact. (a) A presentence report must be in writing and include: (1) the circumstances of the offense with which the defendant is charged; (2) the amount of restitution necessary to adequately compensate a victim of the offense; (3) the criminal and social history of the defendant; (4) a proposed supervision plan describing programs and sanctions that the community supervision and corrections department will provide the defendant if the judge suspends the imposition of the sentence or grants deferred adjudication community supervision; (5) if the defendant is charged with a state jail felony, recommendations for conditions of community supervision that the community supervision and corrections department considers advisable or appropriate based on the circumstances of the offense and other factors addressed in the report; (6) the results of a psychological evaluation of the defendant that determines, at a minimum, the defendant's IQ and adaptive behavior score if the defendant: (A) is convicted of a felony offense; and. . If you wish to modify or change the conditions of your probation in any way, the law allows you to petition the court through your lawyer to change the terms and conditions of your probation. 1994). (3) is determined by the court to be unemployable because of a disability. However, what constitutes a reasonable time must be determined on the facts of the particular case, such as whether the probationer is available or could readily be made available. A defendant granted community supervision under this chapter and required as a condition of community supervision to serve a term of confinement under this subchapter may not earn good conduct credit for time spent in a community corrections facility or apply time spent in the facility toward completion of a prison sentence if the community supervision is revoked. September 1, 2017. The prosecutor the court must both receive the motion. You cannot use this form to request a change in restitution payments.". (2) issue an order prohibiting the defendant from obtaining a license for a period of one year. 1352 (S.B. 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. (B) a sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or in part. 42A.554. 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. (D) other fees necessary for the administration of the course and course providers; (3) shall adopt rules regarding the administration of the course and course providers, including rules regarding: (A) the criteria for course approval and certification; (B) the criteria for course provider approval and certification; (E) criteria for a participant to complete the course; and. 1480), Sec. Acts 2021, 87th Leg., R.S., Ch. CONDITIONS OF COMMUNITY SUPERVISION. (2) the jury enters in the verdict a finding that the information contained in the defendant's motion is true. (c) Without any unnecessary delay, but not later than 48 hours after the defendant is arrested, the arresting officer or the person with custody of the defendant shall take the defendant before the judge who ordered the arrest for the alleged violation of a condition of community supervision or, if the judge is unavailable, before a magistrate of the county in which the defendant was arrested. If the defendant does not agree to the modification in writing, the supervision officer or magistrate shall refer the case to the judge for modification in the manner provided by Article 42A.752. (d-1) The judge shall waive the educational program requirement if the defendant successfully completes education at a residential treatment facility under Article 42A.4045. If a jury assessing punishment does not recommend community supervision, the judge must order the sentence to be executed in whole. (2) the supervision officer shall promptly advise the defendant in writing of the reasons provided under Subdivision (1). 4.006, eff. 30, 1979, effective Dec. 1, 1980, see section 1(1) of Pub. 1488), Sec. (d) If a judge places a defendant on deferred adjudication community supervision, on the motion of the attorney representing the state 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, regardless of whether the conduct at issue is the subject of the prosecution or part of the same criminal episode as the conduct that is the subject of the prosecution, a victim in the trial: (1) is or has been a victim of a severe form of trafficking in persons, as defined by 22 U.S.C. (A) In General. (b) Except as provided by Subsection (e), on a defendant's conviction of a state jail felony under Section 43.02(c)(2), Penal 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. (2) has two or more times been previously convicted of, or received a grant of deferred adjudication community supervision or another functionally equivalent form of community supervision or probation for, a felony offense under the laws of this state, another state, or the United States. Good cause can be something short of a violation. 790 (H.B. (a) Subject to Subsection (b), a judge may place on deferred adjudication community supervision a defendant charged with an offense under Section 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, or a defendant charged with a felony described by Article 42A.453(b) only if the judge makes a finding in open court that placing the defendant on deferred adjudication community supervision is in the best interest of the victim. Acts 2019, 86th Leg., R.S., Ch. 324 (S.B. }kGi$PsZ#fCLU*et-3o >?g==Je+9y>p9fAum3}@?t_|5Gm7sq]398,3h}78=szGAsZW:~ xi$47z)9KJ$dqBIOqn. In that case the court noted that several circuits had concluded that the right to allocution in Rule 32 extended to supervised release revocation hearings. (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. 1971). 1488), Sec. 23.016(b), eff. 1488), Sec. (b) A judge may not require a defendant to submit to both the term of confinement authorized by this article and a term of confinement under Subchapter C or Article 42A.302. Art. Acts 2021, 87th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Under (A), the probationer is to be given notice of the hearing and its purpose and of the alleged violation of probation. Acts 2021, 87th Leg., R.S., Ch. Subdivision (a)(1)(A), (B) and (C) list the requirements for the preliminary hearing, as developed in Morrissey and made applicable to probation revocation cases in Scarpelli. Aug. 1, 1987; Apr. Acts 2017, 85th Leg., R.S., Ch. (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. 23.020(a), eff. Art. In this chapter: (1) "Community supervision" means the placement of a defendant by a court under a continuum of programs and sanctions, with conditions imposed by the court for a specified period during which: (A) criminal proceedings are deferred without an adjudication of guilt; or. Id. COMMUNITY SUPERVISION FOR DEFENDANT WITH MENTAL IMPAIRMENT. (3) request the provider to immediately notify the supervision officer if the defendant fails to attend the first session or any subsequent scheduled session. The community service must consist of picking up litter in the county in which the defendant resides or working at a recycling facility if a program for performing that type of service is available in the community in which the court is located. 42A.701. Acts 2021, 87th Leg., R.S., Ch. Art. (2) complies with standards established by the community justice assistance division of the Texas Department of Criminal Justice, after consultation by the division with the Department of State Health Services. 1014 (H.B. 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 modifies the defendant's community supervision, the judge may impose any sanction permitted by Article 42A.752, except that if the judge requires a defendant to serve a term of confinement in a state jail felony facility as a modification of the defendant's community supervision, the minimum term of confinement is 90 days and the maximum term of confinement is 180 days. (a) A judge who places a defendant on community supervision may authorize the supervision officer supervising the defendant or a magistrate appointed by the district courts in the county that give preference to criminal cases to modify the conditions of community supervision for the limited purposes of: (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. Art. 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 When a person appears in response to a summons for violating probation or supervised release, a magistrate judge must proceed under this rule. 1439 (1968); President's Commission on Law Enforcement and Administration of Justice. 3607), Sec. 2, eff. (d) If the court makes an affirmative finding under Article 42.014, the judge may order the defendant to perform community service under this article at a project designated by the judge that primarily serves the person or group who was the target of the defendant. REVOCATION OF COMMUNITY SUPERVISION. (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. stream A defendant may not be awarded a time credit under Subsection (f) or (g) for any period during which the defendant is subject to disciplinary status. (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. Art. I havent been in trouble over many years before I caught this case. Art. F. Modification Hearing Texas Family Code 54.05(c) (e) The suspension of a defendant's driver's license under Subsection (d) shall be reported to the Department of Public Safety as provided under Section 521.347, Transportation Code. (e) On the satisfactory fulfillment of the conditions of community supervision and the expiration of the period of community supervision, the judge by order shall: (1) amend or modify the original sentence imposed, if necessary, to conform to the community supervision period; and. (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. 42A.515. If the court determines the defendant is unable to pay for the ignition interlock device, the court may impose a reasonable payment schedule not to exceed twice the length of the period of the court's order. 1.01, eff. AUTHORITY TO REVOKE COMMUNITY SUPERVISION. (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. prosecution in a motion to revoke or modify bail or pretrial conditions of release. 42A.560. See United States v. Mincey, 482 F. Supp. If the evaluation indicates that the defendant has made significant progress toward compliance with court-ordered conditions of community supervision or objectives of placement in the program, as applicable, the judge may release the defendant from the community corrections facility. In addition the defendant shall: not commit another federal, state, or local crime; . (c) A court accepting jurisdiction of a defendant's case under Article 42A.151 shall enter an order directing the defendant to pay the monthly reimbursement fee to that court instead of to the court of original jurisdiction. A judge shall suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict. The judge may allow the defendant to pay the cost of attending the program in installments during the term of community supervision. (2) the judge makes an affirmative finding that: (A) drug or alcohol abuse significantly contributed to the commission of the offense or violation of a condition of community supervision, as applicable; and. Only a licensed physician may recommend that a defendant participate in medication-assisted treatment. 1 0 obj (C) the person's right, if held in custody, to a preliminary hearing under Rule 32.1(b)(1). Art. See United States v. Waters, 158 F.3d 933 (6th Cir. Art. September 1, 2021. EDUCATIONAL SKILL LEVEL. September 1, 2017. On receipt of the request, the facility director or the sheriff shall forward a copy of the record to the judge as soon as possible. September 1, 2019. I paid all my fines did my community service and the judge said no because of the seriousness of the crime. 42A.051. 42A.052. June 2, 2019. 42A.406. I getclients that ask me from time to time ifthey can change the conditions of theirprobation. 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. The clerk's report under this subsection must include the beginning date of the defendant's community supervision. Art. Report to you Probation Officer, monthly, or as directed. 42A.253. Changes Made to Proposed Amendment Released for Public Comment. September 1, 2019. (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. CONTINUING JURISDICTION IN MISDEMEANOR CASES. 42A.386. 28, 2010, eff. 467 (H.B. September 1, 2021. (b) If a sentence of confinement is imposed on the revocation of community supervision, the term of confinement served under Subsection (a) may not be credited toward completion of the sentence imposed. signNow combines ease of use, affordability and security in one online tool, all without forcing extra DDD on you. COMMUNITY SUPERVISION FOR CERTAIN ORGANIZED CRIME OFFENSES; RESTRICTIONS ON OPERATION OF MOTOR VEHICLE. 42A.558. (a) Except as otherwise provided by Subsection (b), only the judge who originally sentenced the defendant may suspend execution of the sentence and place the defendant on community supervision under Article 42A.202. Acts 2017, 85th Leg., R.S., Ch. (3) Advice. Added by Acts 2021, 87th Leg., R.S., Ch. 42A.402. (a) In this article, "ignition interlock device" means a device that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator. 1488), Sec. A time credit under Subsection (f) or (g) is a privilege and not a right. 3006A(b) a defendant is entitled to be represented by counsel whenever charged with a violation of probation.. Note to Subdivision (b). Can I Amend the Conditions of my Probation in Texas? /Length 7 0 R 2352), Sec. Art. Gina 2019-02-28T12:17:36-07:00 February 28, 2019 | Comments Off on Probation & Sentencing Motions (Modify, Terminate, Reduce) Share This Story, Choose Your Platform! September 1, 2017. If after conducting a review under this subsection the court finds that the defendant's ability to make a payment previously ordered by the court is substantially hindered, the court shall determine whether all or a portion of the payment should be satisfied by an alternative method provided under Subsection (f). In order to settle your case with an amendment, you will be required to sign a waiver of attorney. 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. 42A.751. Request approval before moving to a new residence, changing jobs or traveling out of Texas. (2) locations at or in which the defendant may not operate a motor vehicle. Dec. 1, 1991; Apr. 1352 (S.B. 1014 (H.B. The person is entitled to: (A) written notice of the alleged violation; (B) disclosure of the evidence against the person; (C) an opportunity to appear, present evidence, and question any adverse witness unless the court determines that the interest of justice does not require the witness to appear; (D) notice of the person's right to retain counsel or to request that counsel be appointed if the person cannot obtain counsel; and. (2) the release of the defendant from supervision would endanger the public. A court granting community supervision to a defendant convicted of an offense under Chapter 71, Penal Code, may impose as a condition of community supervision restrictions on the defendant's operation of a motor vehicle, including specifying: (1) hours during which the defendant may not operate a motor vehicle; and. L. 9642, July 31, 1979, 93 Stat. (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. POSTSENTENCE REPORT. Thomas v. United States, 327 F.2d 795 (10th Cir. September 1, 2019. 42A.101. 283 F.3d at 1245. (k) A defendant has a right to counsel at a hearing under this article. 4, eff. (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. 8 . Acts 2019, 86th Leg., R.S., Ch. A defendant participating in a program under this subchapter must be confined in the community corrections facility at all times except for time spent: (1) attending and traveling to and from: (A) an education or rehabilitation program as ordered by the court; or, (2) away from the facility for purposes described by this subchapter; and. Northern District of Texas (Pet.App.a3-a6) . Art. (2) go near a residence, school, or other location, as specifically described in the copy of terms and conditions, that is frequented by the victim. (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. 351), Sec. (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. 1986 Subd. (g) Article 42A.051(b) does not prohibit a supervision officer from modifying a condition of community supervision by permitting a defendant to enter a child safety zone under Subsection (f). Art. (e) Producing a Statement. (2) serves the county in which the court is located. First, receiving documents by facsimile has become very commonplace and many courts are now equipped to receive filings by electronic means, and indeed, some courts encourage or require that certain documents be filed by electronic means. 324 (S.B. 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. January 1, 2019. 42A.302. (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. (b) A fine imposed under this article is in addition to court costs or any other fee or fine imposed on the defendant. 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. Art. (b) The court may not grant community supervision on its own motion or on the recommendation of the jury to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 if: (1) the offense for which the court has made the affirmative finding is an offense under Section 19.02, Penal Code; or.
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