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(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. Thatcan save you time and that can save youmoney. (a) If a presentence report in a felony case is not required under Article 42A.252(c), the judge may direct a supervision officer to prepare a postsentence report containing the same information that would have been required for the presentence report, other than a proposed supervision plan and any information that is reflected in the judgment. 42A.655. 4 0 obj 1480), Sec. If the probationer has been convicted of and is incarcerated for a new crime, and that conviction is the basis of the pending revocation proceedings, it would be relevant whether the probationer waived appearance at the revocation hearing. (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. Third, electronic media can now provide improved quality of transmission and security measures. (B) serves the county in which the court is located. 1137 (H.B. A defendant remains obligated to pay any unpaid fine or court cost after the expiration of the defendant's period of community supervision. 326, set out as a note under section 2074 of Title 28, Judiciary and Judicial Procedure. A hearing is not required if: (B) the relief sought is favorable to the person and does not extend the term of probation or of supervised release; and. Find out if your probation officer has any objection to the motion. 1352 (S.B. /BitsPerComponent 8 20), Sec. September 1, 2021. (3) note the date of delivery of the copy in the defendant's file. On receipt of the statement, the court shall consider whether the defendant's financial status or required payments have changed in such a way that the defendant's ability to make a payment previously ordered by the court is substantially hindered. 790 (H.B. (e) If, based on the evaluation conducted under Subsection (d), the judge determines that the defendant would likely benefit from medication-assisted treatment approved by the United States Food and Drug Administration for alcohol dependence, the judge may require as a condition of community supervision that the defendant submit to an evaluation by a licensed physician to determine whether the defendant would benefit from medication-assisted treatment. 2.14, eff. September 1, 2017. American Bar Association, Standards Relating to Probation 3.1(c) (Approved Draft, 1970). Acts 2021, 87th Leg., R.S., Ch. 1298 (H.B. For example, is it possible to read the contents of the warrant in its entirety, as though it were the original or a clean photocopy? You can use this form to make a request for a change in your payments. (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. The remainder of revised Rule 32.1 is derived from the current Rule 32.1. 413 (S.B. (3) traveling to and from work, if applicable. (B) another mental health or intellectual disability services provider. September 1, 2021. L. 99646 inserted to be after relief and inserted provision relating to objection from the attorney for the government after notice of the proposed relief and extension of the term of probation as not favorable to the probationer for the purposes of this rule. Art. (c) A community supervision and corrections department shall deposit a fine collected under this article to be sent to the comptroller as provided by Subchapter B, Chapter 133, Local Government Code. (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. 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. (1) waives the defendant's right to a hearing and to counsel; (2) affirms that the defendant has nothing to say as to why sentence should not be pronounced against the defendant; and (3) requests the judge to revoke community supervision and to pronounce sentence. PDF State of Texas Ignition Interlock Laws: A Policy Evaluation - county EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON DRIVING RECORD AND LICENSE. Art. 1480), Sec. (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 this article, except that the court shall require the defendant as a condition of community supervision to: Art. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 346), Sec. The person may waive the hearing. SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION. /CreationDate (D:20210319014439+02'00') (1) Person In Custody. (c) If a judge grants community supervision to a defendant convicted of an offense under Section 21.09, 42.091, 42.092, 42.10, or 42.105, Penal Code, the judge may: (1) require the defendant to relinquish custody of any animals in the defendant's possession; (2) prohibit the defendant from possessing or exercising control over any animals or residing in a household where animals are present; or. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. Disposition Option 1: Place the respondent on probation at home in custody of his/her parents. Fill out, edit, sign and download your documents in PDF. Art. } !1AQa"q2#BR$3br Acts 2017, 85th Leg., R.S., Ch. 1997); United States v. Zentgraf, 20 F.3d 906 (8th Cir. 42A.002. INSPECTION AND COMMENT BY DEFENDANT; ACCESS TO INFORMATION BY STATE. (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. Acts 2019, 86th Leg., R.S., Ch. 1488), Sec. Use online FL Defendant's Pro Se Motion to Modify/Terminate Probation/Community Control 2013-2023 to easily manage your legal needs. (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. Section 12(c)(2) of Pub. 42A.516. (c) On an affirmative finding regarding the use or exhibition of a deadly weapon as described by Subsection (b), the trial court shall enter the finding in the judgment of the court. CONDITIONS OF DEFERRED ADJUDICATION COMMUNITY SUPERVISION; IMPOSITION OF FINE. COMMUNITY OUTREACH. (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. 42A.383. A modification is a change in the terms and conditions of your probation. PAYMENT AS CONDITION OF COMMUNITY SUPERVISION. SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING JURISDICTION. (f) The judge may suspend in whole or in part the imposition of any fine imposed on conviction. This means you can request the court to shorten or eliminate the balance of your jail sentence you have not completed. September 1, 2017. A probationer has limited rights to contest these matters. CONTINUING JURISDICTION IN FELONY CASES. 1973); if the probationer was in custody pursuant to a new charge, Thomas v. United States, 391 F.Supp. (e) Notwithstanding Subsection (a), with respect to an offense committed by a defendant under Section 43.04 or 43.05, Penal Code, a judge may place the defendant on community supervision as permitted by Article 42A.053 if the judge makes a finding that the defendant committed the offense solely as a victim of an offense under Section 20A.02, 20A.03, 43.03, 43.04, or 43.05, Penal Code. 1998) (allocution right in Rule 32 does not apply to revocation proceedings). 948 (S.B. If the judge determines that the defendant is unable to pay for the ignition interlock device, the judge may impose a reasonable payment schedule, as provided by Subsection (f). (2) has fully satisfied any order to pay restitution to a victim. 1507), Sec. Being faced with the prospect of passing a breathylizer exam 4x daily would be bad enough, considering the exorbitant cost of maintaining such a device throughout the term of my probation and the impracticality of transporting said monitor unit continuously, for years on endbut given the fact that the charge for which my own term of probation was assigned, is itself in no way associated with the the consumption sale or distribution of alcoholit would seem a matter of rather glaring injustice that such a condition would have been attached tot the terms my sentence, as well. (b) If the court grants community supervision to a defendant described by Subsection (a), the court as a condition of community supervision shall: (1) prohibit the defendant from using the Internet to: (A) access material that is obscene, as defined by Section 43.21, Penal Code; (B) access a commercial social networking site, as defined by Article 62.0061(f); (C) communicate with any individual concerning sexual relations with an individual who is younger than 17 years of age; or, (D) communicate with another individual the defendant knows is younger than 17 years of age; and. See United States v. Waters, 158 F.3d 933 (6th Cir. (a) For the purposes of this article, the jurisdiction of the courts in this state in which a sentence requiring confinement in a jail is imposed for conviction of a misdemeanor continues for 180 days from the date the execution of the sentence actually begins. 42A.508. Under (A), the probationer is to be given notice of the hearing and its purpose and of the alleged violation of probation. (b) Notwithstanding Subsection (a), the determination of the action to be taken after the defendant's arrest may be made only by the judge of the court having jurisdiction of the case at the time the action is taken. (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. Notes of Advisory Committee on Rules1987 Amendment. 1997) (right of allocution, in Rule 32, applies at revocation proceeding). If probation is revoked, the probationer may be required to serve the sentence originally imposed, or any lesser sentence, and if imposition of sentence was suspended he may receive any sentence which might have been imposed. Acts 2021, 87th Leg., R.S., Ch. September 1, 2019. Art. Amendments are typically done in situations where you have violated a technical rule, such as curfew or payment. (b) The judge is not required to direct a supervision officer to prepare a presentence report in a misdemeanor case if: (1) the defendant requests that a report not be made and the judge agrees to the request; or, (A) finds that there is sufficient information in the record to permit the meaningful exercise of sentencing discretion; and. See American Bar Association, Standards Relating to Probation 5.1 (Approved Draft, 1970). 2, eff. (g) The judge may continue the revocation hearing for good cause shown by either the defendant or the state. 9, 1987, eff. 42A.201. (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: The employment exemption does not apply if the business entity that owns the vehicle is owned or controlled by the defendant. September 1, 2017. (a) In this article, "parent" means a natural or adoptive parent, managing or possessory conservator, or legal guardian. Art. (c) If a defendant released to a medically suitable placement under Subsection (a) violates the terms of that release, the judge may dispose of the matter as provided by Articles 42A.556 and 42A.558(a). The court may render an order without regard to whether . 42A.105. If the judge orders community service under this subsection, the judge shall order the defendant to perform not less than: (1) 300 hours of service if the offense is classified as a felony; or. 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. Under G.S. (2) to enable the defendant to successfully complete the program, grant an extension of time that expires not later than the first anniversary of the beginning date of the defendant's community supervision. These rules can be tedious and complicated. (4) the judge is informed that a plea bargain agreement exists, under which the defendant agrees to a punishment of imprisonment, and the judge intends to follow that agreement. COMMUNITY SUPERVISION FOR OFFENSE COMMITTED BECAUSE OF BIAS OR PREJUDICE. A judge who receives a defendant for supervision as authorized by Section 510.017, Government Code, may impose on the defendant any term of community supervision authorized by this chapter. (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. (a) Except as provided by Subsection (e), on a defendant's conviction of a Class B misdemeanor under Section 43.02(a), Penal Code, the judge shall suspend imposition of the sentence and place the defendant on community supervision. Section 1101(a)(15)(U)(iii). Art. BOND HEARINGS Bond Motions including Motions to Modify Conditions of Release on County Criminal Domestic Violence cases are heard by Division 50. (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. 10, eff. (b) If the defendant has been previously convicted of a felony, other than a felony punished under Section 12.44(a), Penal Code, or if the conviction resulted from an adjudication of the guilt of a defendant previously placed on deferred adjudication community supervision for the offense, the judge may: (c) Subsection (a) does not apply to a defendant who: (1) under Section 481.1151(b)(1), Health and Safety Code, possessed more than five abuse units of the controlled substance; (2) under Section 481.1161(b)(3), Health and Safety Code, possessed more than one pound, by aggregate weight, including adulterants or dilutants, of the controlled substance; or. The federal magistrate (see definition in rule 54(c)) is to keep a record of what transpires at the hearing and, if he finds probable cause of a violation, hold the probationer for a revocation hearing. 790 (H.B. 1986 Subd. (c) A court retains jurisdiction to hold a hearing under Subsection (b) and to proceed with an adjudication of guilt, regardless of whether the period of deferred adjudication community supervision imposed on the defendant has expired, if before the expiration of the supervision period: (1) the attorney representing the state files a motion to proceed with the adjudication; and. In addition, a probation officer may arrange for the appearance of the defendant before the court pursuant to G.L. January 1, 2017. 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. Art. 42A.106. 42A.605. Can I amend or change the conditions of my probation in Texas? (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. 42A.652. (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.