(5) Appearance in a District Lacking Jurisdiction. (d) On an affirmative finding that the deadly weapon under Subsection (c) was a firearm, the court shall enter that finding in its judgment. 42A.604. Art. COMPLETION OF PROGRAM. COMMUNITY SUPERVISION FOR GRAFFITI OFFENSE. 2018 The Law Office of Lytza Rojas, PLLC | Web Design by WildwoodSEO, Administrative License Revocation (ALR) Hearings. (d) A secondary school is not required to allow a defendant to perform community outreach at that school. 1480), Sec. The court's disposition of the case is governed by 18 U.S.C. PDF No. IN THE SUPREME COURT OF THE UNITED STATES N D -M Petitioner, v. U S Acts 2019, 86th Leg., R.S., Ch. 2, eff. . (2) the maximum period of community supervision is: (A) 10 years, for a felony other than a third degree felony described by Paragraph (B); and. 42A.104. Disposition Option 1: Place the respondent on probation at home in custody of his/her parents. 1997); United States v. Zentgraf, 20 F.3d 906 (8th Cir. . 1999); United States v. Walker, 117 F.3d 417 (9th Cir. 42A.111. 1488), Sec. Dec. 1, 2006; Apr. Acts 2021, 87th Leg., R.S., Ch. 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. 1439 (1968); President's Commission on Law Enforcement and Administration of Justice. (2) the greater of one-half of the original community supervision period or two years of community supervision. Art. 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. PDF Pro Se Motion to Modify or Terminate - pd13.state.fl.us (B) the victim of the offense is a child; (11) Section 29.03, Penal Code (Aggravated Robbery); (12) Section 30.02, Penal Code (Burglary), if: (A) the offense is punishable under Subsection (d) of that section; and. Acts 2019, 86th Leg., R.S., Ch. (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. REVIEW OF PRESENTENCE REPORT. (a) If the judge or jury places a defendant on community supervision, the judge shall require the defendant to demonstrate to the court whether the defendant has an educational skill level that is equal to or greater than the average educational skill level of students who have completed the sixth grade in public schools in this state. (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. (b) The judge may waive the educational program requirement if the defendant by a motion in writing shows good cause. The judgement does say NO THREATING OR HARASSING CONTACT but the 200 yards is added condition to the probation but not on the Judgement. (2) provides mental health or medical services for the rehabilitation of the defendant. COMMUNITY SERVICE. Art. 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. 768), Sec. 324 (S.B. 1975). Revocation of probation is proper if the court finds a violation of the conditions of probation and that such violation warrants revocation. 25, 2005, eff. (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. 42A.386. ALTERNATIVE TO EDUCATIONAL PROGRAM: SUBSTANCE ABUSE TREATMENT FACILITY. (3) a chemical dependency treatment facility licensed under Chapter 464, Health and Safety Code. 42A.506. (C) the defendant is an applicant for or the holder of a license or certificate issued under Chapter 1701, Occupations Code.