motion to modify conditions of probation texas
(e) A judge who dismisses the proceedings against a defendant and discharges the defendant under this article: (1) shall provide the defendant with a copy of the order of dismissal and discharge; and. The hearing must be recorded by a court reporter or by a suitable recording device. 202 (W.D.Pa. 42A.754. Requiring production of witness statements at hearings conducted under Rule 32.1 will enhance the procedural due process which the rule now provides and which the Supreme Court required in Morrissey v. Brewer, 408 U.S. 471 (1972) and Gagnon v. Scarpelli, 411 U.S. 778 (1973). SUBCHAPTER J. AUTHORITY TO GRANT COMMUNITY SUPERVISION, IMPOSE OR MODIFY CONDITIONS, OR DISCHARGE DEFENDANT. But the court agreed with the Sixth Circuit that the allocution right in Rule 32 was not incorporated into Rule 32.1. 948 (S.B. My Probation Is Getting Revoked. The defendant may continue to participate in a program following the defendant's completion of that period. 9, eff. 919 (S.B. 42A.503. (f) If the judge discharges the defendant under this article, the judge may set aside the verdict or permit the defendant to withdraw the defendant's plea. 1, eff. signNow combines ease of use, affordability and security in one online tool, all without forcing extra DDD on you. 5, eff. EXTENDED PERIOD ALLOWED FOR COMPLETION OF PROGRAM. (b) On the defendant's successful completion of an educational program under Article 42A.403 or 42A.404, the defendant's instructor shall give notice to the Department of Public Safety for inclusion in the defendant's driving record and to the community supervision and corrections department. (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. Art. (b) The Texas Correctional Office on Offenders with Medical or Mental Impairments shall submit to a judge who releases a defendant to an appropriate medical care facility under Subsection (a) a quarterly status report concerning the defendant's medical and treatment status. 4.006, eff. (3) traveling to and from work, if applicable. ), Notes of Advisory Committee on Rules1979. Acts 2021, 87th Leg., R.S., Ch. (g) The judge may continue the revocation hearing for good cause shown by either the defendant or the state. 42A.408. (a) On a showing of good cause, the judge may extend a period of community supervision under Article 42A.752(a)(2) as frequently as the judge determines is necessary, but the period of community supervision in a first, second, or third degree felony case may not exceed 10 years and, except as otherwise provided by Subsection (b), the period of community supervision in a misdemeanor case may not exceed three years. (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. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES INVOLVING ANIMALS. 829 (H.B. September 1, 2017. A judge granting community supervision to a defendant convicted of a felony shall require as a condition of community supervision that the defendant provide a DNA sample under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant, unless the defendant has already submitted the required sample under Section 411.1471, Government Code, or other law. 42A.108. (c) If a judge grants community supervision to a defendant described by Subsection (b) and the judge determines that a child as defined by Section 22.011(c), Penal Code, was the victim of the offense, the judge shall establish a child safety zone applicable to the defendant by requiring as a condition of community supervision that the defendant: (A) supervise or participate in any program that: (i) includes as participants or recipients persons who are 17 years of age or younger; and, (ii) regularly provides athletic, civic, or cultural activities; or, (B) go in, on, or within 1,000 feet of a premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, video arcade facility, or general residential operation operating as a residential treatment center; and. TCDLA Acts 2019, 86th Leg., R.S., Ch. 23.016(d), eff. 4.007, eff. See generally ABA Standards, supra, 3.3. Acts 2019, 86th Leg., R.S., Ch. Art. (f) Notwithstanding any other law, if the court determines under this article at any time during a defendant's period of community supervision, including deferred adjudication community supervision, that the defendant does not have sufficient resources or income to make a payment included under Subsection (b), the court shall determine whether all or a portion of the payment should be: (1) required to be paid at a later date or in a specified portion at designated intervals; (2) waived completely or partially under Article 43.091 or 45.0491; (3) discharged by performing community service under Article 42A.304 or 45.049, as applicable; or. (b). January 1, 2020. (e) 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 require as a condition of community supervision that the defendant not operate any motor vehicle unless the vehicle is equipped with an ignition interlock device. Rule 32.1(c)(2)(A) permits the person to waive a hearing to modify the conditions of probation or supervised release. (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. September 1, 2021. << 2502), Sec. VETERANS REEMPLOYMENT PROGRAM. (b) The judge shall enter in the judgment in the case the amount of restitution owed by the defendant on the date of revocation. (c-1) Subject to Subsection (d), an offense for which the defendant received a dismissal and discharge under this article may not be used as grounds for denying issuance of a professional or occupational license or certificate to, or suspending or revoking the professional or occupational license or certificate of, an individual otherwise entitled to or qualified for the license or certificate. 4, eff. (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. 2299), Acts of the 84th Legislature, Regular Session, 2015, is considered to be a reference to the part of this chapter that revises that statute or part of that statute. 42A.512. Felony probation is an alternative to a jail sentence.It is available in certain felony cases in Texas. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT INTOXICATION OFFENSES; WAIVER. She is 16 and will be 17 on June 23. (i) In a revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay community supervision fees or court costs or by failing to pay the costs of legal services as described by Article 42A.301(b)(11), the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge. Offender Forms - Commonly Requested Legal Forms - Texas (c) The judge shall allow the attorney representing the state access to any information made available to the defendant under this article. Acts 2021, 87th Leg., R.S., Ch. 25, 2005, eff. Art. (b) A court assessing punishment after an adjudication of guilt of a defendant charged with a state jail felony may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed, regardless of whether the defendant has previously been convicted of a felony. Acts 2017, 85th Leg., R.S., Ch. Completed at least half the time sentenced. Art. (b) A court granting community supervision to a defendant described by Subsection (a) may, on the defendant's conviction of a felony offense, require as a condition of community supervision that the defendant submit to tracking under an electronic monitoring service or other appropriate technological service designed to track a person's location. 3016), Sec. (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. 1923), Sec. 1997); United States v. Zentgraf, 20 F.3d 906 (8th Cir. Added by Acts 2019, 86th Leg., R.S., Ch. 324 (S.B. (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. September 1, 2021. 1, eff. 162), Sec. 42A.511. Acts 2017, 85th Leg., R.S., Ch. (2) serve a term of not more than 90 days confinement in jail if the offense is a misdemeanor. MODIFICATION OF CONDITIONS BY SUPERVISION OFFICER OR MAGISTRATE. In this subchapter, "community corrections facility" has the meaning assigned by Section 509.001, Government Code. 42A.606. 25, 1989, eff. Rule 32.1 has been completely revised and expanded. COMMUNITY SUPERVISION FOR DEFENDANT WITH MENTAL IMPAIRMENT. MONTHLY REIMBURSEMENT FEE. (C) the defendant is an applicant for or the holder of a license or certificate issued under Chapter 1701, Occupations Code. 1584), Sec. At any time during the defendant's period of community supervision, including deferred adjudication community supervision, the court, on the court's own motion or by motion of the attorney representing the state, may reconsider the waiver of the payment. In this subchapter: (1) "Council" means the Council on Sex Offender Treatment. 9, 1987, eff. September 1, 2021. Some examples of these changes include: Request a misdemeanor designation of the offense. (a) A judge who places on community supervision a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, shall require as a condition of community supervision that the defendant successfully complete, before the 181st day after the date community supervision is granted, an educational program designed to rehabilitate persons who have driven while intoxicated that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code. The probation officer begins the process of revoking probation by notifying the district attorney of the violation. CREDITS FOR TIME SERVED.