motion to modify conditions of probation texas

AND CONDITIONS OF PROBATION On the _____ day of _____, 200___ , came to be heard the Probationer's Motion to Modify and Extend Terms of Probation. (b) Before the expiration of the 180-day period described by Subsection (a), the judge of the court that imposed the sentence described by that subsection may, on the judge's own motion, on the motion of the attorney representing the state, or on the written motion of the defendant, suspend further execution of the sentence and place the defendant on community supervision under the terms and conditions of this chapter if: (1) in the opinion of the judge, the defendant would not benefit from further imprisonment; (2) the defendant is otherwise eligible for community supervision under this chapter; and. (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. >> 30, 1979, eff. 42A.153. (b) Article 42A.053 does not apply to a defendant when it is shown that: (1) a deadly weapon as defined by Section 1.07, Penal Code, was used or exhibited during the: (B) immediate flight from the commission of a felony offense; and, (A) used or exhibited the deadly weapon; or. 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. (2) "Veteran" has the meaning assigned by Section 434.022, Government Code. (b) The judge of a court that imposed a sentence requiring confinement in a jail for conviction of a misdemeanor may, on the judge's own motion, on the motion of the attorney representing the state, or on the written motion of the defendant, suspend further execution of the sentence and place the defendant on community supervision under the terms and conditions of this chapter if, in the opinion of the judge, the defendant would not benefit from further confinement. (f) The clerk of a court that collects a reimbursement fee imposed under Subsection (d)(2) shall deposit the reimbursement fee to be sent to the comptroller as provided by Subchapter B, Chapter 133, Local Government Code, and the comptroller shall deposit the reimbursement fee into the general revenue fund. EXTENSION OF COMMUNITY SUPERVISION FOR CERTAIN SEX OFFENDERS. Avoid illegal drugs and alcohol. (2) the greater of one-half of the original community supervision period or two years of community supervision. (B) all court costs, regardless of whether a fine is assessed; (9) participate, for a period specified by the judge, in any community-based program, including a community service project under Article 42A.304; (10) if the judge determines that the defendant has financial resources that enable the defendant to offset in part or in whole the costs of the legal services provided to the defendant in accordance with Article 1.051(c) or (d), including any expenses and costs, reimburse the county in which the prosecution was instituted for the costs of the legal services in an amount that the judge finds the defendant is able to pay, except that the defendant may not be ordered to pay an amount that exceeds: (A) the actual costs, including any expenses and costs, paid by the county for the legal services provided by an appointed attorney; or. September 1, 2021. Throughout the rule, the terms magistrate judge, and court (see revised Rule 1(b) (Definitions)) are used to reflect that in revocation cases, initial proceedings in both felony and misdemeanor cases will normally be conducted before a magistrate judge, although a district judge may also conduct them. The judge may suspend in whole or in part the imposition of any fine imposed on conviction. SUBCHAPTER I. The district attorney then files a motion to revoke probation and asks the judge to order the revocation of probation. Subject to Subsection (c), a defendant arrested under this subsection may be detained in the county jail or other appropriate place of confinement until the defendant can be taken before the judge for a determination regarding the alleged violation. ELIGIBILITY FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION. Art. Business owners along Myrtle Beach's Ocean Boulevard are divided on police's implementation of a "flushing" policy to clear large . (2) a drug education program that is designed to educate persons on the dangers of drug abuse in accordance with Section 521.374(a)(1), Transportation Code, and that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code. The final hearing is less a summary one because the decision under consideration is the ultimate decision to revoke rather than a mere determination of probable cause. 42A.514. EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION OFFENSES; WAIVER OR EXTENSION OF TIME. /CreationDate (D:20210319014439+02'00') Added by Acts 2017, 85th Leg., R.S., Ch. 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. Download this motion in Microsoft Word format. Acts 2021, 87th Leg., R.S., Ch. Art. If a jury assessing punishment does not recommend community supervision, the judge must order the sentence to be executed in whole. After providing written notice to the defendant and an opportunity for the defendant to present information relevant to the defendant's ability to pay, the court may order the defendant to pay all or part of the waived amount of the payment only if the court determines that the defendant has sufficient resources or income to pay the amount. SUBCHAPTER O. 9, eff. 768), Sec. The Court can also modify or revoke your Federal Probation or Supervised Release after the official end of the term (i.e., a specific number of years after your release from custody) so long as the violation and Probation Officer's Petition to Modify or Revoke was filed with the Court before the official end of the term of supervision. (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. 1488), Sec. (B) if the alleged violation did not occur in the district of arrest, transfer the person to the district that has jurisdiction if: (i) the government produces certified copies of the judgment, warrant, and warrant application, or produces copies of those certified documents by reliable electronic means; and. (2) has not completed court-ordered counseling or treatment. BASIC DISCRETIONARY CONDITIONS. September 1, 2021. (b) If a judge places on deferred adjudication community supervision a defendant charged with an offense under Section 20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or solicitation to commit one of those offenses, 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 17 years of age at the time of the offense. (2) is broader than is necessary to protect the public, given the nature and circumstances of the offense. In determining the conditions, the judge shall consider the extent to which the conditions impact the defendant's: (1) work, education, and community service schedule or obligations; and. . 1480), Sec. (B) if the defendant was represented by a public defender's office, the actual amount, including any expenses and costs, that would have otherwise been paid to an appointed attorney had the county not had a public defender's office; (11) if under custodial supervision in a community corrections facility: (B) obey all rules and regulations of the facility; and. September 1, 2021. The court has the authority to make such changes under California Penal Code Section 1203.3 (PC 1203.3). A judge discharging a defendant under this article must use the form adopted under this subsection. 42A.058. PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION. (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. 42A.654. Art. 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 . If a defendant who is required as a condition of community supervision to serve a term of confinement under this subchapter is not required by the judge to deliver the defendant's salary to the restitution center director, the employer of the defendant shall deliver the salary to the director. Disposition Option 3: Commit the respondent to TJJD, if the adjudication was for felony offense. September 1, 2021. Now, a lot of the times thisprocess can be avoided by simply havingyour lawyer walk in and have aconversation with the judge and see ifthe judge would even consider it. (b) The judge may make payment of the monthly reimbursement fee a condition of granting or continuing the community supervision. 790 (H.B. 1480), Sec. COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR DRUG RELATED OFFENSES. On receipt of the request, the agency shall forward a copy of the record to the court as soon as possible. 2299), Sec. (b) The judge granting community supervision to a defendant described by Subsection (a) shall inform the defendant of the defendant's eligibility for participation in a veterans reemployment program but may not require the defendant to participate in the program. (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. EFFECT OF REVOCATION ON CREDIT FOR TIME SPENT IN FACILITY. This subsection does not apply to a defendant who has previously been convicted of any other state jail felony under Section 43.02(c)(2), Penal Code, that is punished under Section 12.35, Penal Code. 1986 Subd. (2) provides mental health or medical services for the rehabilitation of the defendant. (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. L. 99646, 12(b), Nov. 10, 1986, 100 Stat. (2) issue an order prohibiting the defendant from obtaining a license for a period of one year. It was the fact of such a holding in custody which prompted the Court to determine that a preliminary as well as a final revocation hearing was required to afford the petitioner due process of law. United States v. Tucker, 524 F.2d 77 (5th Cir. (b) If a judge grants community supervision to a defendant convicted of an offense under Title 5, Penal Code, that the court determines involves family violence, the judge shall require the defendant to pay a fine of $100 to a family violence center that: (1) receives state or federal funds; and. 42A.452. 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. 346), Sec. Art. 3582), Sec. The addition of subdivision (c) is one of several amendments that extend Rule 26.2 to Rules 32(f), 32.1, 46, and Rule 8 of the Rules Governing Proceedings under 28 U.S.C. (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. See 18 U.S.C. See United States v. Patterson, 128 F.3d 1259, 1261 (8th Cir. Art. 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). Art. 42A.509. Art. (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. 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. 1488), Sec. (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. (c) A judge may extend a period of community supervision under this article only once. 35, eff. (ii) the person committed the offense with the intent to commit a felony listed in this subdivision; (H) Section 43.25 (Sexual Performance by a Child); or. (a) A court granting community supervision to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 shall require as a term of community supervision that the defendant: (1) serve a term of not more than one year imprisonment in the Texas Department of Criminal Justice if the offense is a felony other than an offense under Section 19.02, Penal Code; or. MAXIMUM TERM OR TERMS OF CONFINEMENT. 770 (H.B. Acts 2019, 86th Leg., R.S., Ch. 1999); United States v. Walker, 117 F.3d 417 (9th Cir. 3006A(b) a defendant is entitled to be represented by counsel whenever charged with a violation of probation.. . DISMISSAL AND DISCHARGE. (a) A court granting community supervision to a defendant convicted of an offense under Section 46.13, Penal Code, may require as a condition of community supervision that the defendant: (1) provide an appropriate public service activity designated by the court; or. RELEASE OF INFORMATION TO SUPERVISION OFFICER; CONFIDENTIALITY OF REPORT. (B) the actor committed the offense with the intent to commit a felony under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; (13) Section 43.04, Penal Code (Aggravated Promotion of Prostitution); (14) Section 43.05, Penal Code (Compelling Prostitution); (15) Section 43.25, Penal Code (Sexual Performance by a Child); (16) Chapter 481, Health and Safety Code, for which punishment is increased under: (A) Section 481.140 of that code (Use of Child in Commission of Offense); or, (B) Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) 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.

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