reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.514. Community Supervision for Certain Alcohol or Drug Related Offenses

(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
(2)  a substance misuse education program that is designed to educate persons on the dangers of substance misuse 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.
(b)  If a judge requires a defendant as a condition of community supervision to attend an alcohol awareness program or substance misuse education program described by Subsection (a), unless the judge determines that the defendant is indigent and unable to pay the cost, the judge shall require the defendant to pay the cost of attending the program.  The judge may allow the defendant to pay the cost of attending the program in installments during the term of community supervision.
Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.019(a), eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 10, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1021 (H.B. 5183), Sec. 3, eff. June 18, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.515. Community Supervision for Certain Prostitution Offenses

(a)  Except as provided by Subsection (e), on a defendant's conviction of a Class B misdemeanor under Section 43.02(a), Penal Code, the judge shall suspend imposition of the sentence and place the defendant on community supervision.
(b)  Except as provided by Subsection (e), on a defendant's conviction of a state jail felony under Section 43.02(c)(2), Penal Code, that is punished under Section 12.35(a), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision.  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.
(c)  A judge who places a defendant on community supervision under Subsection (a) or (b) shall require as a condition of community supervision that the defendant participate in a commercially sexually exploited persons court program established under Chapter 126, Government Code, if a program has been established for the county or municipality where the defendant resides.  Sections 126.002(b) and (c), Government Code, do not apply with respect to a defendant required to participate in the court program under this subsection.
(d)  A judge who requires a defendant to participate in a commercially sexually exploited persons court program under Subsection (c) may suspend in whole or in part the imposition of the program fee described by Section 126.006, Government Code.
(e)  In any case in which the jury assesses punishment, the judge must follow the recommendations of the jury in suspending the imposition of a sentence or ordering a sentence to be executed.  If a jury assessing punishment does not recommend community supervision, the judge must order the sentence to be executed in whole.
(f)  The judge may suspend in whole or in part the imposition of any fine imposed on conviction.
Added by Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 2.01, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.516. Community Supervision for Leaving Scene of Motor Vehicle Collision Resulting in Death of Person

(a)  A judge granting community supervision to a defendant convicted of an offense punishable under Section 550.021(c)(1)(A), Transportation Code, shall require as a condition of community supervision that the defendant submit to a term of confinement of not less than 120 days.
(b)  If a sentence of confinement is imposed on the revocation of community supervision, the term of confinement served under Subsection (a) may not be credited toward completion of the sentence imposed.
Added by Acts 2019, 86th Leg., R.S., Ch. 290 (H.B. 2502), Sec. 1, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(5), eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 120, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter K. Conditions Applicable to Certain Other Offenses and Offenders › Article 42A.517. Community Supervision for Certain Offenses Involving Obstruction of Highway or Other Passageway

A court granting community supervision to a defendant convicted of an offense punishable as a state jail felony under Section 42.03, Penal Code, shall require as a condition of community supervision that the defendant submit to not less than 10 days of confinement in a county jail.
Added by Acts 2021, 87th Leg., R.S., Ch. 197 (H.B. 9), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter L. State Jail Felony Community Supervision › Article 42A.551. Placement on Community Supervision; Execution of Sentence

(a)  Except as otherwise provided by Subsection (b) or (c), on conviction of a state jail felony under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is punished under Section 12.35(a), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision.
(b)  If the defendant has been previously convicted of a felony, other than a felony punished under Section 12.44(a), Penal Code, or if the conviction resulted from an adjudication of the guilt of a defendant previously placed on deferred adjudication community supervision for the offense, the judge may:
(1)  suspend the imposition of the sentence and place the defendant on community supervision; or
(2)  order the sentence to be executed.
(c)  Subsection (a) does not apply to a defendant who:
(1)  under Section 481.1151(b)(1), Health and Safety Code, possessed more than five abuse units of the controlled substance;
(2)  under Section 481.1161(b)(3), Health and Safety Code, possessed more than one pound, by aggregate weight, including adulterants or dilutants, of the controlled substance; or
(3)  under Section 481.121(b)(3), Health and Safety Code, possessed more than one pound of marihuana.
(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:
(1)  suspend the imposition of the sentence and place the defendant on community supervision; or
(2)  order the sentence to be executed:
(A)  in whole; or
(B)  in part, with a period of community supervision to begin immediately on release of the defendant from confinement.
(e)  In any case in which the jury assesses punishment, the judge must follow the recommendations of the jury in suspending the imposition of a sentence or ordering a sentence to be executed.  If a jury assessing punishment does not recommend community supervision, the judge must order the sentence to be executed in whole.
(f)  A defendant is considered to be finally convicted if the judge orders the sentence to be executed under Subsection (d)(2), regardless of whether the judge orders the sentence to be executed in whole or only in part.
(g)  The judge may suspend in whole or in part the imposition of any fine imposed on conviction.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 2.02, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter L. State Jail Felony Community Supervision › Article 42A.552. Review of Presentence Report

Before imposing a sentence in a state jail felony case in which the judge assesses punishment, the judge shall:
(1)  review the presentence report prepared for the defendant under Subchapter F; and
(2)  determine whether the best interests of justice require the judge to:
(A)  suspend the imposition of the sentence and place the defendant on community supervision; or
(B)  order the sentence to be executed in whole or in part as provided by Article 42A.551(d).
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter L. State Jail Felony Community Supervision › Article 42A.553. Minimum and Maximum Periods of Community Supervision; Extension

(a)  The minimum period of community supervision a judge may impose under this subchapter is two years.  The maximum period of community supervision a judge may impose under this subchapter is five years, except that the judge may extend the maximum period of community supervision under this subchapter to not more than 10 years.
(b)  A judge may extend a period of community supervision under this subchapter:
(1)  at any time during the period of community supervision; or
(2)  before the first anniversary of the date the period of community supervision ends, if a motion for revocation of community supervision is filed before the date the period of community supervision ends.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter L. State Jail Felony Community Supervision › Article 42A.554. Conditions of Community Supervision

(a)  A judge assessing punishment in a state jail felony case may impose any condition of community supervision on the defendant that the judge could impose on a defendant placed on supervision for an offense other than a state jail felony.
(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.  A judge is not required to impose the substance abuse treatment conditions if the judge makes an affirmative finding that the defendant does not require imposition of the conditions to successfully complete the period of community supervision.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter L. State Jail Felony Community Supervision › Article 42A.555. Confinement as a Condition of Community Supervision

(a)  A judge assessing punishment in a state jail felony case may impose as a condition of community supervision that a defendant submit at the beginning of the period of community supervision to a term of confinement in a state jail felony facility for a term of:
(1)  not less than 90 days or more than 180 days; or
(2)  not less than 90 days or more than one year, if the defendant is convicted of an offense punishable as a state jail felony under Section 481.112, 481.1121, 481.113, or 481.120, Health and Safety Code.
(b)  A judge may not require a defendant to submit to both the term of confinement authorized by this article and a term of confinement under Subchapter C or Article 42A.302.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter L. State Jail Felony Community Supervision › Article 42A.556. Sanctions Imposed on Modification of Community Supervision

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.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter L. State Jail Felony Community Supervision › Article 42A.557. Report by Director of Facility

The facility director of a state jail felony facility shall report to a judge who orders a defendant confined in the facility as a condition of community supervision or as a sanction imposed on a modification of community supervision under Article 42A.556 not less than every 90 days on the defendant's programmatic progress, conduct, and conformity to the rules of the facility.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter L. State Jail Felony Community Supervision › Article 42A.558. Revocation; Options Regarding Execution of Sentence

(a)  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 revokes the defendant's community supervision, the judge shall dispose of the case in the manner provided by Article 42A.755.
(b)  The court retains jurisdiction over the defendant for the period during which the defendant is confined in a state jail felony facility.  At any time after the 75th day after the date the defendant is received into the custody of a state jail felony facility, the judge on the judge's own motion, on the motion of the attorney representing the state, or on the motion of the defendant may suspend further execution of the sentence and place the defendant on community supervision under the conditions of this subchapter.
Text of subsection effective on September 01, 2024
(b-1)  On request of the judge, the Texas Department of Criminal Justice shall, not later than the 60th day after the date the defendant is received into the custody of a state jail felony facility, notify the judge of the date on which the defendant will have served 75 days in the facility. The notice must be provided by e-mail or other electronic communication.
Text of subsection effective on September 01, 2024
(b-2)  For purposes of Subsection (b-1), the judge may submit a single request to the Texas Department of Criminal Justice with respect to all applicable defendants sentenced in the judge's court.
(c)  When the defendant or the attorney representing the state files a written motion requesting the judge to suspend further execution of the sentence and place the defendant on community supervision, the clerk of the court, if requested to do so by the judge, shall request a copy of the defendant's record while confined from the facility director of the state jail felony facility in which the defendant is confined or, if the defendant is confined in county jail, from the sheriff.  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.
(d)  When the defendant files a written motion requesting the judge to suspend further execution of the sentence and place the defendant on community supervision, the defendant shall immediately deliver or cause to be delivered a copy of the motion to the office of the attorney representing the state.  The judge may deny the motion without holding a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 821 (H.B. 1710), Sec. 1, eff. September 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter L. State Jail Felony Community Supervision › Article 42A.560. Medical Release

(a)  If a defendant is convicted of a state jail felony and the sentence is executed, the judge sentencing the defendant may release the defendant to a medically suitable placement if the judge determines that the defendant does not constitute a threat to public safety and the Texas Correctional Office on Offenders with Medical or Mental Impairments:
(1)  in coordination with the Correctional Managed Health Care Committee, prepares a case summary and medical report that identifies the defendant as:
(A)  being a person who is elderly or terminally ill or a person with a physical disability;
(B)  being a person with mental illness or an intellectual disability; or
(C)  having a condition requiring long-term care; and
(2)  in cooperation with the community supervision and corrections department serving the sentencing court, prepares for the defendant a medically recommended intensive supervision and continuity of care plan that:
(A)  ensures appropriate supervision of the defendant by the community supervision and corrections department; and
(B)  requires the defendant to remain under the care of a physician at and reside in a medically suitable placement.
(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.
(c)  If a defendant released to a medically suitable placement under Subsection (a) violates the terms of that release, the judge may dispose of the matter as provided by Articles 42A.556 and 42A.558(a).
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter L. State Jail Felony Community Supervision › Article 42A.561. Medical Release

(a)  If a defendant is convicted of a state jail felony and the sentence is executed, the judge sentencing the defendant may release the defendant to a medical care facility or medical treatment program if the Texas Correctional Office on Offenders with Medical or Mental Impairments:
(1)  identifies the defendant as:
(A)  being a person who is elderly or terminally ill or a person with a physical disability;
(B)  being a person with mental illness or an intellectual disability; or
(C)  having a condition requiring long-term care; and
(2)  in cooperation with the community supervision and corrections department serving the sentencing court, prepares for the defendant a medically recommended intensive supervision plan that:
(A)  ensures appropriate supervision of the defendant; and
(B)  requires the defendant to remain under the care of a physician at the facility or in the program.
(b)  If a defendant released to a medical care facility or medical treatment program under Subsection (a) violates the terms of that release, the judge may dispose of the matter as provided by Articles 42A.556 and 42A.558(a).
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter L. State Jail Felony Community Supervision › Article 42A.562. Placement on Community Supervision; Educational and Vocational Training Pilot Program

(a)  Except as provided by Subsection (b), a judge assessing punishment in a state jail felony case may suspend the imposition of the sentence and place the defendant on community supervision with the condition that the defendant  participate in a program operated under Section 493.034, Government Code.
(b)  A judge may not place a defendant on community supervision under this article if the defendant is or has previously been convicted of an offense under Title 5, Penal Code.
(c)  Before a judge may place a defendant on community supervision under this article, the defendant must be assessed using the risk and needs assessment instrument adopted under Section 501.0921, Government Code, or a similar instrument that takes into consideration the defendant's prior criminal history.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 1014 (H.B. 2352), Sec. 5, eff. September 1, 2021.
(e)  Notwithstanding the minimum period of community supervision provided by Article 42A.553(a), a judge placing a defendant on community supervision under this article shall impose a period of community supervision not to exceed 270 days.
(f)  A defendant placed on community supervision under this article must participate fully in the program described by Subsection (a).  The provisions of Subchapter P authorizing the judge to revoke a defendant's community supervision or otherwise sanction the defendant apply with respect to a defendant who violates the requirement of this subsection.
Added by Acts 2017, 85th Leg., R.S., Ch. 1060 (H.B. 3130), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1014 (H.B. 2352), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1014 (H.B. 2352), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter M. Community Corrections Facilities › Article 42A.601. Definition

In this subchapter, "community corrections facility" has the meaning assigned by Section 509.001, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter M. Community Corrections Facilities › Article 42A.602. Maximum Term or Terms of Confinement

(a)  If a judge requires as a condition of community supervision or participation in a pretrial intervention program operated under Section 76.011, Government Code, or a drug court program established under Chapter 123, Government Code, or former law that the defendant serve a term of confinement in a community corrections facility, the term may not exceed 24 months.
(b)  A judge who requires as a condition of community supervision that the defendant serve a term of confinement in a community corrections facility may not impose a subsequent term of confinement in a community corrections facility or jail during the same supervision period that, if added to the terms previously imposed, exceeds 36 months.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 5(a), eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter M. Community Corrections Facilities › Article 42A.603. Effect of Revocation on Credit for Time Spent in Facility

A defendant granted community supervision under this chapter and required as a condition of community supervision to serve a term of confinement under this subchapter may not earn good conduct credit for time spent in a community corrections facility or apply time spent in the facility toward completion of a prison sentence if the community supervision is revoked.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter M. Community Corrections Facilities › Article 42A.604. Evaluation of Defendant's Behavior and Attitude

(a)  As directed by the judge, the community corrections facility director shall file with the community supervision and corrections department director or administrator of a drug court program, as applicable, a copy of an evaluation made by the facility director of the defendant's behavior and attitude at the facility.  The community supervision and corrections department director or program administrator shall examine the evaluation, make written comments on the evaluation that the director or administrator considers relevant, and file the evaluation and comments with the judge who granted community supervision to the defendant or placed the defendant in a pretrial intervention program or drug court program.  If the evaluation indicates that the defendant has made significant progress toward compliance with court-ordered conditions of community supervision or objectives of placement in the program, as applicable, the judge may release the defendant from the community corrections facility.  A defendant who served a term in the facility as a condition of community supervision shall serve the remainder of the defendant's community supervision under any terms and conditions the court imposes under this chapter.
(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.  The community supervision and corrections department director shall examine the evaluation, make written comments on the evaluation that the director considers relevant, and file the evaluation and comments with the judge who granted community supervision to the defendant.  If the report indicates that the defendant has made significant progress toward court-ordered conditions of community supervision, the judge shall modify the judge's sentence and release the defendant in the same manner as provided by Subsection (a).  If the report indicates that the defendant would benefit from continued participation in the community corrections facility program, the judge may order the defendant to remain at the community corrections facility for a period determined by the judge.  If the report indicates that the defendant has not made significant progress toward rehabilitation, the judge may revoke community supervision and order the defendant to serve the term of confinement specified in the defendant's sentence.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 5(b), eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter M. Community Corrections Facilities › Article 42A.605. Placement in Community Service Project

If ordered by the judge who placed the defendant on community supervision, a community corrections facility director shall attempt to place a defendant as a worker in a community service project of a type described by Article 42A.304.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter M. Community Corrections Facilities › Article 42A.606. Confinement Required; Exceptions

A defendant participating in a program under this subchapter must be confined in the community corrections facility at all times except for time spent:
(1)  attending and traveling to and from:
(A)  an education or rehabilitation program as ordered by the court; or
(B)  a community service project;
(2)  away from the facility for purposes described by this subchapter; and
(3)  traveling to and from work, if applicable.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter M. Community Corrections Facilities › Article 42A.607. Disposition of Salary

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.  The director shall deposit the salary into a fund to be given to the defendant on release after the director deducts:
(1)  the cost to the center for the defendant's food, housing, and supervision;
(2)  the necessary expense for the defendant's travel to and from work and community service projects, and other incidental expenses of the defendant;
(3)  support of the defendant's dependents; and
(4)  restitution to the victims of an offense committed by the defendant.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter N. Payments; Fees › Article 42A.651. Payment as Condition of Community Supervision

(a)  A judge may not order a defendant to make a payment as a term or condition of community supervision, except for:
(1)  the payment of fines, court costs, or restitution to the victim;
(2)  reimbursement of a county as described by Article 42A.301(b)(11); or
(3)  a payment ordered as a condition that relates personally to the rehabilitation of the defendant or that is otherwise expressly authorized by law.
(b)  A defendant's obligation to pay a fine or court cost as ordered by a judge is independent of any requirement to pay the fine or court cost as a condition of the defendant's community supervision.  A defendant remains obligated to pay any unpaid fine or court cost after the expiration of the defendant's period of community supervision.
(c)  A judge may not impose a condition of community supervision requiring a defendant to reimburse a county for the costs of legal services as described by Article 42A.301(b)(11) if the defendant has already satisfied that obligation under Article 26.05(g).
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.013(b), eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.006, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter N. Payments; Fees › Article 42A.652. Monthly Reimbursement Fee

(a)  Except as otherwise provided by this article, a judge who grants community supervision to a defendant shall set a reimbursement fee of not less than $25 and not more than $60 to be paid each month during the period of community supervision by the defendant to:
(1)  the court of original jurisdiction; or
(2)  the court accepting jurisdiction of the defendant's case, if jurisdiction is transferred under Article 42A.151.
(b)  The judge may make payment of the monthly reimbursement fee a condition of granting or continuing the community supervision. The judge may waive or reduce the reimbursement fee or suspend a monthly payment of the fee if the judge determines that payment of the reimbursement fee would cause the defendant a significant financial hardship.
(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. To the extent of any conflict between an order issued under this subsection and an order issued by a court of original jurisdiction, the order entered under this subsection prevails.
(d)  A judge who receives a defendant for supervision as authorized by Section 510.017, Government Code, may require the defendant to pay the reimbursement fee authorized by this article.
(e)  A judge may not require a defendant to pay the reimbursement fee under this article for any month after the period of community supervision has been terminated by the judge under Article 42A.701.
(f)  A judge shall deposit any reimbursement fee received under this article 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.15, eff. January 1, 2020.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter N. Payments; Fees › Article 42A.653. Additional Monthly Fine for Certain Sex Offenders

(a)  A judge who grants community supervision to a defendant convicted of an offense under Section 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require as a condition of community supervision that the defendant pay to the defendant's supervision officer a community supervision fine of $5 each month during the period of community supervision.
(b)  A fine imposed under this article is in addition to court costs or any other fee or fine imposed on the defendant.
(c)  A community supervision and corrections department shall deposit a fine collected under this article to be sent to the comptroller as provided by Subchapter B, Chapter 133, Local Government Code.  The comptroller shall deposit the fine in the sexual assault program fund under Section 420.008, Government Code.
(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.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.16, eff. January 1, 2020.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter N. Payments; Fees › Article 42A.654. Fees Due on Conviction

For the purpose of determining when fees due on conviction are to be paid to any officer, the placement of a defendant on community supervision is considered a final disposition of the case, without the necessity of waiting for the termination of the period of community supervision.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter P. Revocation and Other Sanctions › Article 42A.752. Continuation or Modification of Community Supervision After Violation

(a)  If after a hearing under Article 42A.751(d) a judge continues or modifies community supervision after determining that the defendant violated a condition of community supervision, the judge may impose any other conditions the judge determines are appropriate, including:
(1)  a requirement that the defendant perform community service for a number of hours specified by the court under Article 42A.304, or an increase in the number of hours that the defendant has previously been required to perform under that article in an amount not to exceed double the number of hours permitted by that article;
(2)  an extension of the period of community supervision, in the manner described by Article 42A.753;
(3)  an increase in the defendant's fine, in the manner described by Subsection (b); or
(4)  the placement of the defendant in a substance abuse felony punishment program operated under Section 493.009, Government Code, if:
(A)  the defendant is convicted of a felony other than:
(i)  a felony under Section 21.11, 22.011, or 22.021, Penal Code; or
(ii)  criminal attempt of a felony under Section 21.11, 22.011, or 22.021, Penal Code; and
(B)  the judge makes an affirmative finding that:
(i)  drug or alcohol abuse significantly contributed to the commission of the offense or violation of a condition of community supervision, as applicable; and
(ii)  the defendant is a suitable candidate for treatment, as determined by the suitability criteria established by the Texas Board of Criminal Justice under Section 493.009(b), Government Code.
(b)  A judge may impose a sanction on a defendant described by Subsection (a)(3) by increasing the fine imposed on the defendant.  The original fine imposed on the defendant and an increase in the fine imposed under this subsection may not exceed the maximum fine for the offense for which the defendant was sentenced.  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.
(c)  If the judge imposes a sanction under Subsection (a)(4), the judge shall also impose a condition requiring the defendant on successful completion of the program to participate in a drug or alcohol abuse continuum of care treatment plan.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter P. Revocation and Other Sanctions › Article 42A.753. Extension of Community Supervision After Violation

(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.
(b)  The judge may extend the period of community supervision in a misdemeanor case for any period the judge determines is necessary, not to exceed an additional two years beyond the three-year limit provided by Subsection (a), if:
(1)  the defendant fails to pay a previously assessed fine, cost, or restitution; and
(2)  the judge determines that extending the supervision period increases the likelihood that the defendant will fully pay the fine, cost, or restitution.
(c)  A court may extend a period of community supervision under Article 42A.752(a)(2):
(1)  at any time during the supervision period; or
(2)  before the first anniversary of the date the supervision period ends, if a motion for revocation of community supervision is filed before the date the supervision period ends.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter P. Revocation and Other Sanctions › Article 42A.754. Authority to Revoke Community Supervision

Only the court in which the defendant was tried may revoke the defendant's community supervision unless the judge has transferred jurisdiction of the case to another court under Article 42A.151.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter P. Revocation and Other Sanctions › Article 42A.755. Revocation of Community Supervision

(a)  If community supervision is revoked after a hearing under Article 42A.751(d), the judge may:
(1)  proceed to dispose of the case as if there had been no community supervision; or
(2)  if the judge determines that the best interests of society and the defendant would be served by a shorter term of confinement, reduce the term of confinement originally assessed to any term of confinement not less than the minimum prescribed for the offense of which the defendant was convicted.
(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)  Except as otherwise provided by Subsection (d), no part of the period that the defendant is on community supervision may be considered as any part of the term that the defendant is sentenced to serve.
(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.
(e)  The right of the defendant to appeal for a review of the conviction and punishment, as provided by law, shall be accorded the defendant at the time the defendant is placed on community supervision.  When the defendant is notified that the defendant's community supervision is revoked for a violation of the conditions of community supervision and the defendant is called on to serve a sentence in a jail or in the Texas Department of Criminal Justice, the defendant may appeal the revocation.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter P. Revocation and Other Sanctions › Article 42A.756. Due Diligence Defense

For the purposes of a hearing under Article 42A.751(d), it is an affirmative defense to revocation for an alleged violation based on a failure to report to a supervision officer as directed or to remain within a specified place that no supervision officer, peace officer, or other officer with the power of arrest under a warrant issued by a judge for that alleged violation contacted or attempted to contact the defendant in person at the defendant's last known residence address or last known employment address, as reflected in the files of the department serving the county in which the order of community supervision was entered.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.008, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42A - Community Supervision › Subchapter P. Revocation and Other Sanctions › Article 42A.757. Extension of Community Supervision for Certain Sex Offenders

(a)  If a defendant is placed on community supervision after receiving a grant of deferred adjudication community supervision for or being convicted of an offense under Section 21.11, 22.011, or 22.021, Penal Code, at any time during the period of community supervision, the judge may extend the period of community supervision as provided by this article.
(b)  At a hearing at which the defendant is provided the same rights as are provided to a defendant at a hearing under Article 42A.751(d), the judge may extend the defendant's supervision period for a period not to exceed 10 additional years if the judge determines that:
(1)  the defendant has not sufficiently demonstrated a commitment to avoid future criminal behavior; and
(2)  the release of the defendant from supervision would endanger the public.
(c)  A judge may extend a period of community supervision under this article only once.
(d)  A judge may extend a period of community supervision for a defendant under both Article 42A.752(a)(2) and this article.
(e)  The prohibition in Article 42A.753(a) against a period of community supervision in a felony case exceeding 10 years does not apply to a defendant for whom community supervision is increased under this article or under both Article 42A.752(a)(2) and this article.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.009, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.01. Discharging Judgment for Fine

(a)  When the sentence against an individual defendant is for fine and costs, he shall be discharged from the same:
(1) when the amount thereof has been fully paid;
(2) when remitted by the proper authority;
(3) when he has remained in custody for the time required by law to satisfy the amount thereof;  or
(4) when the defendant has discharged the amount of fines and costs in any other manner permitted by this code.
(b) When the sentence against a defendant corporation or association is for fine and costs, it shall be discharged from same:
(1) when the amount thereof has been fully paid;
(2) when the execution against the corporation or association has been fully satisfied;  or
(3) when the judgment has been fully satisfied in any other manner.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 974, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1, 1993.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 43 - Execution of Judgment › Article 43.015. Definitions

In this chapter:
(1)  "Capias" means a writ that is:
(A)  issued by a court having jurisdiction of a case after judgment and sentence; and
(B)  directed "To any peace officer of the State of Texas" and commanding the officer to arrest a person convicted of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ.
(2)  "Capias pro fine" means a writ that is:
(A)  issued by a court having jurisdiction of a case after judgment and sentence for unpaid fines and costs; and
(B)  directed "To any peace officer of the State of Texas" and commanding the officer to arrest a person convicted of an offense and bring the arrested person before that court immediately.
(3)  "Cost" includes any fee, including a reimbursement fee, imposed on a defendant by the court.
Added by Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 7, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.02, eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 106 (S.B. 1373), Sec. 2, eff. September 1, 2021.