2d 161 (D. Mass. September 1, 2017. Any supervision officer, police officer, or other officer with the power of arrest may arrest the defendant with or without a warrant on the order of the judge to be noted on the docket of the court. 4.006, eff. Art. 1488), Sec. (3) in a county with a population of less than 50,000, another nonprofit organization that: (A) is exempt from taxation under Section 501(a) of the Internal Revenue Code of 1986 because it is listed in Section 501(c)(3) of that code; and. 23.021(a), eff. (e) For a defendant who has participated in an educational, vocational, treatment, or work program while confined in a state jail felony facility, the Texas Department of Criminal Justice shall record the number of days during which the defendant diligently participated in any educational, vocational, treatment, or work program. 42A.104. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION PERIOD. 385), Sec. PDF Trial Court Guidelines for Pretrial Conditions of Release - Massachusetts 10, eff. (a) If a judge grants community supervision to a defendant convicted of an offense under Section 42.09, 42.091, 42.092, or 42.10, Penal Code, the judge may require the defendant to: (1) complete an online responsible pet owner course approved and certified by the Texas Department of Licensing and Regulation; or. Art. (g) In making a determination under Subsection (f), a court may waive completely or partially a payment required under Article 42A.652 only if, after waiving all other applicable payments included under Subsection (b), the court determines that the defendant does not have sufficient resources or income to make the payment. 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). It is hard to say if he/she would reconsider. 3651). 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. (e) Producing a Statement. 1986 Subd. (3) not less than one year or more than two years, if the defendant is convicted of a second or subsequent offense under Sections 49.04-49.08, Penal Code, committed within five years of the date on which the most recent preceding offense was committed. (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. Art. (a) A judge granting community supervision to a defendant convicted of an offense under Chapter 49, Penal Code, shall require as a condition of community supervision that the defendant submit to an evaluation by a supervision officer or by a person, program, or facility approved by the Department of State Health Services for the purpose of having the facility prescribe and carry out a course of conduct necessary for the rehabilitation of the defendant's drug or alcohol dependence condition. Ordinarily this time will be measured from the time of the probable cause finding (if a preliminary hearing was held) or of the issuance of an order to show cause. 1014 (H.B. (2) has not completed court-ordered counseling or treatment. 3 0 obj 42A.402. (2) prioritizing the conditions ordered by the court according to the defendant's progress under supervision. (3) request the provider to immediately notify the supervision officer if the defendant fails to attend the first session or any subsequent scheduled session. September 1, 2021. 1014 (H.B. Art. On January 12, 2006, appellant filed a motion to set aside the State's petition to modify disposition, asserting that the State failed to state, with reasonable particularity, the time, place, and manner of the alleged probation violations and that the motion did not provide him with sufficient notice to prepare a defense. . Art. The person may waive the hearing. COMMUNITY SUPERVISION FOR CERTAIN ORGANIZED CRIME OFFENSES; RESTRICTIONS ON OPERATION OF MOTOR VEHICLE. (d-1) If the judge does not terminate the defendant's period of community supervision after conducting a review under this article: (1) the judge shall promptly advise the defendant's supervision officer of the reasons the judge did not terminate the defendant's period of community supervision; and. 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. Acts 2021, 87th Leg., R.S., Ch. 42A.505. (c) A judge may extend the maximum period of deferred adjudication community supervision in the manner provided by Article 42A.753 or 42A.757. Art. 1488), Sec. Art. probation officer at least 10 days before the change. 1298 (H.B. If the judge places a defendant on community supervision and the defendant is determined to be a person with mental illness or a person with an intellectual disability, as provided by Article 16.22 or Chapter 46B or in a psychological evaluation conducted under Article 42A.253(a)(6), the judge may require the defendant as a condition of community supervision to submit to outpatient or inpatient mental health or intellectual disability treatment if: (A) mental impairment is chronic in nature; or, (B) ability to function independently will continue to deteriorate if the defendant does not receive mental health or intellectual disability services; and. (4) private residence at which the defendant is required to reside as a condition of community supervision. See American Bar Association, Standards Relating to Probation 5.1 (Approved Draft, 1970). Task Force Report: Corrections 86 (1967). RELEASE OF INFORMATION TO SUPERVISION OFFICER; CONFIDENTIALITY OF REPORT. (e) The judge shall set out in the judgment, as applicable: (1) the finding of good cause for waiver; or. September 1, 2021. stream Art. You cannot use this form to request a change in restitution payments.". A court granting community supervision to a defendant convicted of an offense under Chapter 71, Penal Code, may impose as a condition of community supervision restrictions on the defendant's operation of a motor vehicle, including specifying: (1) hours during which the defendant may not operate a motor vehicle; and. 42A.306. (5) may take enforcement actions as appropriate to enforce this subsection. 42A.384. 1, eff. (2) the defendant is the parent or guardian of an individual who is younger than 17 years of age and the defendant is not otherwise prohibited from communicating with that individual. 4170), Sec. (3) is determined by the court to be unemployable because of a disability. 1975). JFIF K K C Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. The court is to balance the person's interest in the constitutionally guaranteed right to confrontation against the government's good cause for denying it. (d) If a community supervision and corrections department does not collect a fine imposed under this article, the department is not required to file any report required by the comptroller that relates to the collection of the fine. 790 (H.B. 1107 (N.D.Ill. 2, eff. You can contact them at 541-473-5127 if you have any questions. If the defendant does not agree to the modification in writing, the supervision officer or magistrate shall refer the case to the judge for modification in the manner provided by Article 42A.752. (d) If a judge places a defendant on deferred adjudication community supervision, on the motion of the attorney representing the state 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, regardless of whether the conduct at issue is the subject of the prosecution or part of the same criminal episode as the conduct that is the subject of the prosecution, a victim in the trial: (1) is or has been a victim of a severe form of trafficking in persons, as defined by 22 U.S.C. The Probationer appeared by attorney, and the State of Texas appeared by her Assistant Criminal District Attorney and the probation officer of the Court. If you wish to modify or change the conditions of your probation in any way, the law allows you to petition the court through your lawyer to change the terms and conditions of your probation. (c) The court shall require as a condition of community supervision that a defendant described by Subsection (b) have an ignition interlock device installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant and that the defendant not operate any motor vehicle unless the vehicle is equipped with that device if: (1) it is shown on the trial of the offense that an analysis of a specimen of the defendant's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed; (2) the defendant is placed on community supervision after conviction of an offense under Sections 49.04-49.06, Penal Code, for which the defendant is punished under Section 49.09(a) or (b), Penal Code; or. 30, 1979, effective Dec. 1, 1980, see section 1(1) of Pub. On receipt of the request, the facility director or the sheriff shall forward a copy of the record to the judge as soon as possible. A defendant is not required to successfully complete a program under this subchapter before the defendant completes the applicable period of community supervision. 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, 2021. 42A.558. (c) Before the judge may require as a condition of community supervision that the defendant receive treatment in a state-funded substance abuse treatment program, including an inpatient or outpatient program, a substance abuse felony program under Article 42A.303, or a program provided to the defendant while confined in a community corrections facility as defined by Article 42A.601, the judge must consider the results of an evaluation conducted to determine the appropriate type and level of treatment necessary to address the defendant's alcohol or drug dependency. /Creator ( w k h t m l t o p d f 0 . 42A.203. 5(b), eff. (2) a capias is issued for the arrest of the defendant. This means you can request the court to shorten or eliminate the balance of your jail sentence you have not completed. 3594; Mar. These rules can be tedious and complicated. Art. A defendant remains obligated to pay any unpaid fine or court cost after the expiration of the defendant's period of community supervision. 42A.152. A probation amendment is an agreement to change or add conditions to your probation. 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! The judge may not require the defendant to work at a community service project if, as determined and noted on the community supervision order by the judge: (1) the defendant is physically or mentally incapable of participating in the project; (2) participating in the project will cause a hardship to the defendant or to the defendant's dependents; (3) the defendant is to be confined in a substance abuse felony punishment facility as a condition of community supervision; or. 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. (2) the judge determines, in consultation with a local mental health or intellectual disability services provider, that mental health or intellectual disability services, as appropriate, are available for the defendant through: (A) the Department of State Health Services or the Department of Aging and Disability Services under Section 534.053, Health and Safety Code; or.

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