PAROLE AND PROBATION LAWBYRALPH PETTYMIDLAND COUNTY, TEXASTABLE OF CONTENTSREGULAR PROBATION BY THE COUET - ARTICLE 42A.054 AND FORMER ARTICLE 42.12 SECTION 3g C.C.P. 1COURT GRANTED REGULAR PROBATION - FORMER ARTICLE 42.12 SECTION 3g C.C.P. OFFENSES - NOW ARTICLE 42A.054 C.C.P. 1ARTICLE 42A.102 C.C.P. AUTHORITY OF THE COURT TO GRANT A DEFERRED ADJUDICATION OF GUILT 3ARTICLE 42A.102 C.C.P. AUTHORITY OF THE COURT TO GRANT A DEFERRED ADJUDICATION OF GUILT - THE COURT CANNOT GRANT DEFERRED ADJUDICATION FOR CERTAIN LISTED OFFENSES - EFFECTIVE SEPTEMBER 1, 2019 3A COURT CAN GRANT A DEFERRED ADJUDICATION OF GUILT TO A DEFENDANT PREVIOUSLY CONVICTED OF SOME FELONY OFFENSES 3ARTICLE 42A.101 C.C.P. - AUTHORITY OF THE COURT TO GRANT DEFERRED ADJUDICATION COMMUNITY SUPERVISION - EFFECTIVE SEPTEMBER 1, 2019 4ARTICLE 42A.102(b) C.C.P. - LIMITATION ON THE AUTHORITY OF THE COURT TO GRANT A DEFERRED ADJUDICATION OF GUILT - EFFECTIVE SEPTEMBER 1, 2019 4COURT GRANTED REGULAR PROBATION - ARTICLE 42A.053 C.C.P. AND ARTICLE 42A.054 C.C.P. OFFENSES 7COURT GRANTED REGULAR PROBATION - ARTICLE 42A.053 C.C.P. - ARTICLE 42A.054 C.C.P. OFFENSES - LIMITATION ON JUDGE ORDERED (REGULAR) COMMUNITY SUPERVISION FOR LISTED OFFENSES EFFECTIVE SEPTEMBER 1, 2019 - FORMER ARTICLE 42.12 SECTION 3g OFFENSES 7ARTICLE 42A.053 C.C.P. - AUTHORITY OF THE COURT TO GRANT REGULAR COMMUNITY SUPERVISION & MAXIMUM AND MINIMUM PERIODS OF COMMUNITY SUPERVISION EFFECTIVE SEPTEMBER 1, 2019 7ARTICLE 42A.453(b) C.C.P. LISTED OFFENSES REQUIRING A CHILD SAFETY ZONE AS A CONDITION OF COMMUNITY SUPERVISION 7ARTICLE 42A.453(b) C.C.P. - CLEAR LIST OF OFFENSES REQUIRING A CHILD SAFETY ZONE 11ARTICLE 42A.054 C.C.P. OFFENSES - LIMITATION ON JUDGE ORDERED (REGULAR) COMMUNITY SUPERVISION FOR LISTED OFFENSES EFFECTIVE SEPTEMBER 1, 2019 - FORMER ARTICLE 42.12 SECTION 3g OFFENSES 12AN ATTEMPTED ARTICLE 42A.054 C.C.P. LISTED OFFENSE FORMERLY AN ARTICLE 42.12 SECTION 3g C.C.P. (a)(1) C.C.P. OFFENSE DOES NOT LIMIT THE AUTHORIZATION OF THE COURT TO GRANT COMMUNITY SUPERVISION 15ARTICLE 42A.055 & 42A.056 C.C.P. EFFECTIVE JANUARY 1, 2019 - ELIGIBILITY FOR JURY PROBATION AND NO JURY PROBATION FOR CERTAIN OFFENSES 15ARTICLE 42A.055 C.C.P. - JURY RECOMMENDED COMMUNITY SUPERVISION EFFECTIVE JANUARY 1, 2017 AND SEPTEMBER 1, 2019 16ARTICLE 42A.056 C.C.P. - LIMITATION ON JURY RECOMMENDED COMMUNITY SUPERVISION EFFECTIVE SEPTEMBER 1, 2019 - FORMER ARTICLE 42.12 SECTION 4 C.C.P. 17FORMER ARTICLE 42.12 SECTION 4 C.C.P. EFFECTIVE SEPTEMBER 1, 2007 - LIMITATION ON JURY RECOMMENDED PROBATION 18JUVENILE ADJUDICATION RESULTING IN INCARCERATION DOES NOT DISQUALIFY DEFENDANT FROM PROBATION - JUVENILE ADJUDICATIONS RESULTING IN INCARCERATION MY BE USED AS A PRIOR CONVICTION TO ENHANCE PUNISHMENT 19THE REQUIREMENTS FOR PROBATION BY A JURY 21ELIGIBILITY FOR RELEASE ON PAROLE OR MANDATORY SUPERVISION 22ELIGIBILITY FOR RELEASE ON PAROLE OR MANDATORY SUPERVISION IS DETERMINED BY THE LAW IN EFFECT AT THE TIME OF THE COMMISSION OF THE OFFENSE 22STATUTES RELATING TO ELIGIBILITY FOR RELEASE ON PAROLE IN GOVERNMENT CODE - SECTION 508.145 GOVERNMENT CODE - EFFECTIVE JANUARY 1, 2021 AND BEFORE - NO PAROLE FOR CERTAIN OFFENSES - PAROLE AFTER ONE-HALF OF SENTENCE FOR CERTAIN OFFENSES (SECTION 508.145(d)) - PAROLE AFTER ONE-FOURTH CALANDAR TIME PLUS GOOD CONDUCT TIME (SECTION 508.145(F)) FOR CERTAIN OFFENSES 24SECTION 508.145 GOVERNMENT CODE - ELIGIBILITY FOR RELEASE ON PAROLE; COMPUTATION OF PAROLE ELIGIBILITY DATE - EFFECTIVE JANUARY 1, 2017 AND UNCHANGED FOR 2021 24ELIGIBILITY FOR PAROLE FOR SEXUAL OFFENSES 27REGULAR PROBATION BY THE COUET - ARTICLE 42A.054 AND FORMER ARTICLE 42.12 SECTION 3g C.C.P. COURT GRANTED REGULAR PROBATION - FORMER ARTICLE 42.12 SECTION 3g C.C.P. OFFENSES - NOW ARTICLE 42A.054 C.C.P.ARTICLE 42.12 SECTION 3g C.C.P. - LIMITATION ON COURT ORDERED (REGULAR) COMMUNITY SUPERVISION(a) The provisions of Section 3 of this article [court awarded probation] do not apply:(1) to a defendant adjudged guilty of an offense under:(A) Section 19.02, Penal Code (Murder);(B) Section 19.03, Penal Code (Capital murder); [effective for offenses committed on or after September 1, 1993](C) Section 21.11(a)(1), Penal Code (Indecency with a child by contact) [effective for offenses committed on or after September 1, 1993];(D) Section 20.04, Penal Code (Aggravated kidnapping);(E) Section 22.021, Penal Code (Aggravated sexual assault);(F) Section 29.03, Penal Code (Aggravated robbery);(G) Chapter 481, Health and Safety Code (drug offenses), for which punishment is increased under:(i) Section 481.140, Health and Safety Code (use of a child to assist commission of the offense); or(ii) Section 481.134(c), (d), (e), or (f), Health and Safety 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;(H) Section 22.011, Penal Code (Sexual assault);(I) Section 22.04(a)(1), Penal Code (Injury to a child, elderly individual, or disabled individual), if the offense is punishable as a felony of the first degree and the victim of the offense is a child [effective for offenses committed on or after Sept. 1, 2007];(J) Section 43.25, Penal Code (Sexual performance by a child) [effective for offenses committed on or after Sept. 1, 2007]; or(K) Section 15.03, Penal Code, [criminal solicitation] if the offense is punishable as a felony of the first degree; (L) Section 43.05, Penal Code (Compelling prostitution) [effective for offenses committed on or after Sept. 1, 2007]; or(M) Section 20A.02, Penal Code (Trafficking of persons) [effective for offenses committed on or after Sept. 1, 2007]; or(N) Section 30.02, Penal Code (Burglary), if the offense is punishable under Subsection (d) of that section and 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 [Effective for offenses committed after September 1, 2013]: or(2) to a defendant when it is shown that a deadly weapon as defined in Section 1.07, Penal Code, was used or exhibited during the commission of a felony offense or during immediate flight therefrom, and that the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited. On an affirmative finding under this subdivision, the trial court shall enter the finding in the judgment of the court. On an affirmative finding that the deadly weapon was a firearm, the court shall enter that finding in its judgment.(b) If there is an affirmative finding under Subsection (a)(2) in the trial of a felony of the second degree or higher that the deadly weapon used or exhibited was a firearm and the defendant is granted community supervision, the court may order the defendant confined in the Texas Department of Criminal Justice for not less than 60 and not more than 120 days. At any time after the defendant has served 60 days in the custody of the department, the sentencing judge, on his own motion or on motion of the defendant, may order the defendant released to community supervision. The department shall release the defendant to community supervision after he has served 120 days.Note Article 42.12 Section 3 - Court Ordered Community supervision provides:(e) A defendant is not eligible for [regular] community supervision under this section if the defendant: (1) is sentenced to serve a term of imprisonment that exceeds 10 years; or (2) is sentence to serve a term of confinement under Section 12.35, [state jail offense] Penal Code.*******ARTICLE 42A.102 C.C.P. AUTHORITY OF THE COURT TO GRANT A DEFERRED ADJUDICATION OF GUILT ARTICLE 42A.102 C.C.P. AUTHORITY OF THE COURT TO GRANT A DEFERRED ADJUDICATION OF GUILT - THE COURT CANNOT GRANT DEFERRED ADJUDICATION FOR CERTAIN LISTED OFFENSES - EFFECTIVE SEPTEMBER 1, 2019A COURT CAN GRANT A DEFERRED ADJUDICATION OF GUILT TO A DEFENDANT PREVIOUSLY CONVICTED OF SOME FELONY OFFENSESThe court can grant a deferred adjudication of guilt to a defendant previously convicted of some felony offenses except as stated in Article 42A.102 (b) C.C.P., Limitation of the Court to Grant a deferred adjudication of guilt.ARTICLE 42A.101 C.C.P. - AUTHORITY OF THE COURT TO GRANT DEFERRED ADJUDICATION COMMUNITY SUPERVISION - EFFECTIVE SEPTEMBER 1, 2019Article 42A.101 C.C.P. - Placement on Deferred Adjudication Community Supervision - Authority of the Court to Place a Defendant on Deferred Adjudication Community Supervision(a) Except as provided by Article 42A.102(b), if in the judge's opinion the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or nolo contendere, hearing the evidence, and finding that it substantiates the defendant's guilt, defer further proceedings without entering an adjudication of guilt and place the defendant on deferred adjudication community supervision.(b) After placing the defendant on deferred adjudication community supervision under Subsection (a), the judge shall inform the defendant orally or in writing of the possible consequences under Articles 42A.108 and 42A.110 of a violation of a condition of deferred adjudication community supervision. If the information is provided orally, the judge must record and maintain the judge's statement to the defendant. The failure of a judge to inform a defendant of possible consequences under Articles 42A.108 and 42A.110 is not a ground for reversal unless the defendant shows that the defendant was harmed by the failure of the judge to provide the information.Tex. Code Crim. Proc. Art. 42A.101 effective September 1, 2019 *****ARTICLE 42A.102(b) C.C.P. - LIMITATION ON THE AUTHORITY OF THE COURT TO GRANT A DEFERRED ADJUDICATION OF GUILT - EFFECTIVE SEPTEMBER 1, 2019Article 42A.102 C.C.P. - Eligibility for Deferred Adjudication Community Supervision - Limitation of the Authority of the Court to Grant a Deferred Adjudication of Guilt for Listed Offen
