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 . (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. 790 (H.B. } !1AQa"q2#BR$3br (1) the minimum period of community supervision is the same as the minimum term of imprisonment applicable to the offense; and. 3143(a) to release or detention decisions involving persons on probation or supervised release, and to clarify the burden of proof in such proceedings. American Bar Association, Standards Relating to Probation 3.1(c) (Approved Draft, 1970). 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. DEFINITION. 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). Texas State Law Library Consumer & Self-Help Information - The State Law Library web site has Self-Help information, forms, and links. If the judge finds probable cause, the judge must conduct a revocation hearing. 1998) (allocution right in Rule 32 does not apply to revocation proceedings). Acts 2017, 85th Leg., R.S., Ch. (d) For any defendant who receives a dismissal and discharge under this article: (1) on conviction of a subsequent offense, the fact that the defendant previously has received deferred adjudication community supervision is admissible before the court or jury for consideration on the issue of penalty; (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 deferred adjudication community supervision in issuing, renewing, denying, or revoking a license under that chapter; (3) if the defendant is an applicant for or the holder of a license to provide mental health or medical services for the rehabilitation of sex offenders, the Council on Sex Offender Treatment may consider the fact that the defendant previously has received deferred adjudication community supervision in issuing, renewing, denying, or revoking a license issued by that council; and. (a) The judge by order may direct that any information and records that are not privileged and that are relevant to a presentence or postsentence report be released to a supervision officer conducting a presentence investigation under this subchapter or preparing a postsentence report under Article 42A.259. (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. (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. FAILURE TO COMPLETE PROGRAM. 42A.406. (c) A defendant is not eligible for community supervision under this article if the defendant is sentenced to serve: (1) a term of imprisonment that exceeds 10 years; or. September 1, 2021. (2) Exceptions. (b) The amount of community service work ordered by the judge may not exceed: (1) 1,000 hours for an offense classified as a first degree felony; (2) 800 hours for an offense classified as a second degree felony; (A) an offense classified as a third degree felony; or. (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. No appeal was made at the time the conditions of probation were imposed, and the defendant filed his motion to modify the conditions 4 months later. 1540), Sec. My name is Eric Benavides and Im aTexas criminal defense lawyer. 42A.753. And while on this case I havent even received a parking/speeding ticket and etc. (d) The Department of Public Safety may not reinstate a license revoked under Subsection (c) as the result of an educational program requirement imposed under Article 42A.403 unless the defendant whose license was revoked applies to the department for reinstatement of the license and pays to the department a reinstatement fee of $100. (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. (e) The part of the papers in the case containing an affirmative finding under Subsection (d): (1) must include specific information identifying the victim, as available; (2) may not include information identifying the victim's location; and. BOND HEARINGS Bond Motions including Motions to Modify Conditions of Release on County Criminal Domestic Violence cases are heard by Division 50. (6) Release or Detention. (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. 324 (S.B. 42A.381. 1137 (H.B. 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! (b) At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision and cause the defendant to be arrested. September 1, 2017. (b) If the court requires the prohibition contained in Subsection (a)(2) as a condition of community supervision, the court shall specifically describe the prohibited locations and the minimum distances, if any, that the defendant must maintain from the locations. 948 (S.B. 1974), or in response to a show cause order which merely requires his appearance in court, United States v. Langford, 369 F.Supp. (b) A presentence or postsentence report and all information obtained in connection with a presentence investigation or postsentence report are confidential and may be released only as: (E) Section 614.017, Health and Safety Code; or. 42A.352. Depending on the type of probation you are on, you may be able to post an additional bond to get out of jail while awaiting your hearing date. In addition, a probation officer may arrange for the appearance of the defendant before the court pursuant to G.L. Art. 739 (S.B. TREATMENT, SPECIALIZED SUPERVISION, OR REHABILITATION. 2, eff. Acts 2021, 87th Leg., R.S., Ch. (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: (1) transferring the defendant to different programs within the community supervision continuum of programs and sanctions; or. (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. 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. EDUCATIONAL SKILL LEVEL. MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR CERTAIN BURGLARIES OF VEHICLES. If the judge does not find probable cause, the judge must dismiss the proceeding. (3) a felony described by Article 42A.054. What Should I Do? (C) Referral. /Type /XObject (b) The judge may waive the educational program requirement if the defendant by a motion in writing shows good cause. (c) A judge may impose any condition of community supervision that the judge is authorized to impose under this chapter on a defendant who chooses to participate in the program under this subchapter, except that the judge may not impose a condition related to the program or the defendant's participation in the program. 324 (S.B. My Probation Is Getting Revoked. See 18 U.S.C. /AIS false 2, eff. (d) If the defendant has not been released on bail as permitted under Subsection (c), on motion by the defendant, the judge who ordered the arrest for the alleged violation of a condition of community supervision shall cause the defendant to be brought before the judge for a hearing on the alleged violation within 20 days of the date the motion is filed. 324 (S.B. 6 min read. (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. 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. (C) pay a percentage of the defendant's income to the facility for room and board; (12) submit to testing for alcohol or controlled substances; (13) attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Department of State Health Services; (14) with the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation; (16) reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56B.003, of the offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony; (17) reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense; (18) reimburse all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense; (19) pay a fine in an amount not to exceed $50 to a crime stoppers organization, as defined by Section 414.001, Government Code, and as certified by the Texas Crime Stoppers Council; (20) submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant; and. (A) In General. In each instance the court is required to give the defendant the opportunity to make a statement and present any mitigating information. 3, eff. (d) On conviction of a state jail felony punished under Section 12.35(a), Penal Code, other than a state jail felony listed in Subsection (a) or to which Article 42A.515 applies, subject to Subsection (e), the judge may: (B) in part, with a period of community supervision to begin immediately on release of the defendant from confinement. COMMUNITY SUPERVISION FOR DEFENDANT WITH MENTAL IMPAIRMENT. 1488), Sec. Acts 2021, 87th Leg., R.S., Ch. Art. (a) A defendant placed on community supervision, including deferred adjudication community supervision, for a misdemeanor offense is eligible to participate in a veterans reemployment program under this subchapter if the defendant is a veteran of the United States armed forces, including a member of the reserves, national guard, or state guard. 2, eff. You do not want to wait to handle a motion to revoke probation without advise from an attorney. Acts 2019, 86th Leg., R.S., Ch. (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. (b) Not later than 18 months after the date on which a defendant is granted community supervision under this chapter and required as a condition of community supervision to serve a term of confinement under this subchapter, the community corrections facility director shall file with the community supervision and corrections department director a copy of an evaluation made by the facility director of the defendant's behavior and attitude at the facility. (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. The Department of Public Safety shall remit all fees collected under this subsection to the comptroller for deposit in the general revenue fund. The judge shall deposit money received from an increase in the defendant's fine under this subsection in the special fund of the county treasury to be used for the same purposes for which state aid may be used under Chapter 76, Government Code. Note to Subdivision (a)(1). REQUEST FOR FINAL ADJUDICATION.