In the case of revocation or modification of probation or supervised release proceedings, not only is the defendant's liberty interest at stake, the government has a stake in protecting the interests of the community. My husband conditions say to stay 200 yards from me. (iii) it would unduly depreciate the seriousness of the violation if probation were not revoked. The objections may be based on various grounds, such as illegality, change of circumstances, need to have travel restrictions lifted, among others. The hearing on the motion to revoke probation shall be conducted in . (iv) related to the activity or conduct for which the person seeks or holds the license; (B) the profession for which the defendant holds or seeks a license or certificate involves direct contact with children in the normal course of official duties or duties for which the license or certification is required; or. 4.007, eff. (a) If a judge grants community supervision to a defendant younger than 18 years of age convicted of an alcohol-related offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or an offense involving possession of a controlled substance or marihuana under Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety Code, the judge may require the defendant as a condition of community supervision to successfully complete, as appropriate: (1) an alcohol awareness program under Section 106.115, Alcoholic Beverage Code, that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code; or. In this subchapter: (1) "Council" means the Council on Sex Offender Treatment. (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. 13, eff. If the evaluation indicates to the judge that the defendant needs treatment for drug or alcohol dependency, the judge shall require the defendant to submit to that treatment as a condition of community supervision in a program or facility that: (1) is approved or licensed by the Department of State Health Services; or. (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. 42A.151. Acts 2021, 87th Leg., R.S., Ch. USE OF IGNITION INTERLOCK DEVICE. The court may not proceed with an adjudication of guilt on the original charge if the court finds that the only evidence supporting the alleged violation of a condition of deferred adjudication community supervision is the uncorroborated results of a polygraph examination. If the defendant provides the court evidence under Section 709.001, Transportation Code, sufficient to establish that the defendant is indigent for purposes of that section, the judge may enter in the record a finding that the defendant is indigent and reduce the costs to the defendant by ordering a waiver of the installation charge for the ignition interlock device and a 50 percent reduction of the monthly device monitoring fee. Would I be correct in assuming that such a seemingly obvious inconsistency, alone, would successfully serve as grounds for the removal of this condition from the terms of my probation (all things being equal)? September 1, 2019. CONTINUING JURISDICTION IN MISDEMEANOR CASES. Fill out, edit, sign and download your documents in PDF. Amendments are typically done in situations where you have violated a technical rule, such as curfew or payment. 807 (H.B. (B) the actor committed the offense with the intent to violate or abuse the victim sexually; (6) is convicted of an offense under Section 20A.02, 20A.03, 43.04, 43.05, or 43.25, Penal Code; (7) is convicted of an offense for which punishment is increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections; or. (5) a term of confinement of not less than 120 days if the defendant was convicted of an offense under Section 49.08, Penal Code. On receipt of the notice from the supervision officer, the court shall conduct the review of the defendant's community supervision to determine if the defendant is eligible for a reduction or termination of community supervision under Article 42A.701, taking into account any time credits to which the defendant is entitled under this article in determining if the defendant has completed, as applicable: (1) the lesser of one-third of the original community supervision period or two years of community supervision; or. September 1, 2019. A judge placing a defendant on community supervision shall inform the defendant in writing and on a form prescribed by the Office of Court Administration of the Texas Judicial System that, after satisfactorily fulfilling the conditions of community supervision and on expiration of the period of community supervision, the judge is authorized to release the defendant from the penalties and disabilities resulting from the offense as provided by Article 42A.701(f). (2) after conviction and before the entry of a final judgment. Dallas County is a county located in the U.S. state of Texas. January 1, 2020. 948 (S.B. September 1, 2019. 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. 3651 and probation is subsequently revoked, the probationer is entitled to credit for the time served in jail but not for the time he was on probation. 42A.511. A reduction in costs ordered under this subsection does not apply to any fees that may be assessed against the defendant if the ignition interlock device detects ethyl alcohol on the breath of the person attempting to operate the motor vehicle. Art. 5(b), eff. January 1, 2020. (b) If the judge suspends the execution of the sentence or orders the execution of the sentence only in part as provided by Article 42A.551(d), the judge shall impose conditions of community supervision consistent with the recommendations contained in the presentence report prepared for the defendant under Subchapter F. (c) Except as otherwise provided by this subsection, a judge who places a defendant on community supervision for an offense listed in Article 42A.551(a) shall require the defendant to comply with substance abuse treatment conditions that are consistent with standards adopted by the Texas Board of Criminal Justice under Section 509.015, Government Code. The Judge will review the filed motion to revoke your probation and if the Judge signs the motion a warrant will issue for your arrest and a hearing date will be set on your motion to revoke your probation. 385), Sec. 1488), Sec. The failure of the judge to make a finding under this subsection is not grounds for the defendant to set aside the plea, deferred adjudication, or any subsequent conviction or sentence. As of the 2010 census, the population was 2,368,139. 5, eff. (B) order the sentence to be executed in whole or in part as provided by Article 42A.551(d). September 1, 2021. Technically it is up to the judge. (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. 4.03, eff. 385), Sec. 326, set out as a note under section 2074 of Title 28, Judiciary and Judicial Procedure. Acts 2021, 87th Leg., R.S., Ch. The judgement does say NO THREATING OR HARASSING CONTACT but the 200 yards is added condition to the probation but not on the Judgement. (f) A defendant's supervision officer shall notify the court if one or more time credits under this article, cumulated with the amount of the original community supervision period the defendant has completed, allow or require the court to conduct a review of the defendant's community supervision under Article 42A.701. Acts 2021, 87th Leg., R.S., Ch. Your attorney can help navigate you through the motion to revoke process, assist you in turning yourself in on the probation warrant, request a bond amount, if applicable, and get you out of jail. 25, 2005, eff. 23.016(b), eff. EDUCATIONAL SKILL LEVEL. 2.12, eff. 2, eff. Although Scarpelli did not impose as a constitutional requirement a right to counsel in all instances, under 18 U.S.C. Acts 2021, 87th Leg., R.S., Ch. 4, eff. you explain to the judge whyyoure trying to do it, wait for the judge to make theirdecision. (f) The judge may suspend in whole or in part the imposition of any fine imposed on conviction. January 1, 2020. District Clerk | Downloadable Forms - Dallas County (a) Unless the judge has transferred jurisdiction of the case to another court under Article 42A.151, only the court in which the defendant was tried may: (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.