Types of Community Supervision
Regular Supervision – Pled Guilty Before Court
The defendant has been found guilty and sentenced to 10 years or less in prison, or 2 years to 180 days in the state jail and imposition of that sentence is suspended and he/she was placed on regular community supervision. The sentence is determined and the punishment is set.
Deferred Supervision – Non Adjudication of Guilt/No Finding of Guilty
The defendant can plea guilty or no contest and the Judge refrains from finding them guilty and places them on Deferred Community Supervision. Defendant is not convicted of a felony and the punishment range for the given offense is the full range of punishment. Punishment is not set as in Regular Probation.
Example:
- 3rd Degree Felony, punishment 2-10
- Regular Probation, 3rd Degree 7/5 = 7 years TDC suspended and probated for 5 years
- Deferred Probation, 3rd Degree 5 years = 5 years probation, 2-10 punishment (full range)
Shock Probation – SHPB
The defendant is sentenced to 10 years or less in TDC (Texas Department of Corrections), the attorney then files a Motion for Shock Probation prior to 180 days. In State Jail cases the defendant is sentenced to 180 days to 2 years in the State Jail. The Judge looses jurisdiction after 180 days. The defendant is then bench warranted back from TDC/State Jail and a hearing is held. The Judge then determines whether or not to probate the defendant.
Boot Camp Supervision
The defendant is sentenced to 10 years or less in TDC. Boot Camp is not a condition of Supervision. Defendant is ordered to TDC, after 75-90 days (court retains jurisdiction up to 90 days). Boot Camp will advise the Court of Defendants progress/or lack of progress, the Court will bench warrant defendant back to Court and a hearing will be held to determine if the case will be Probated. **Offenses after 09-01-05 the court retains jurisdiction for 180 days****State Jail Felony Cases can not go to Boot Camp**
Types of Criminal Offenses
A state jail felony is the lowest class of felony offenses. In most cases, a state jail felony is punishable by confinement in a state jail facility (as opposed to a state prison) for a term of not more than 2 years no less than 180 days. CSR HRS MIN 120
A third degree felony is punishable by imprisonment in a state prison (TDC) for a term of not more than 10 years or less than 2 years. CSR HRS MIN 160
A second degree felony is punishable by imprisonment in a state prison (TDC) for not more than 20 years or less than 2 years. CSR HRS MIN 240
A first degree felony is punishable by imprisonment in a state prison (TDC) for a term of not more than 99 years nor less than 5 years. The key difference between a life sentence and a sentence of 99 years is that a life sentence may not be discharged. CSR HRS MIN 320
A capital felony is the most serious category of crime in Texas. It is punishable either by death or by life imprisonment in a state penal institution (TDC). Capital Murder is the only death penalty offense in Texas.
Felony cases are referred to the District Attorney and if the DA files the case it gets set in Grand Jury. The Grand Jury is made up of 12 jurors who hear the evidence and decide whether or not to True Bill the case or No Bill the case.
True Bill – there was enough evidence to indict the case
No Bill – there was not enough evidence to indict the case
Defendants may agree to waive the Grand Jury and have the court go ahead and hear the case. They do this in an effort to save time and get their case disposed of faster. If they waive grand jury they are agreeing they are guilty and the Court processes the case as an Information instead of an Indictment.
Misdemeanors are also classified by degree, and may be categorized as Class A, Class B, or Class C. CSR HRS MIN 80 ON ALL MISDEMEANORS.
A Class A misdemeanor is the most serious category of misdemeanors. They are punishable by either a fine of up to $4,000.00 or a term of imprisonment in a county jail for no more than one year, or by both the fine and term of imprisonment.
Standard Conditions of Probation
Commit no offense against the laws of this or any other State or the United States, and do not possess a firearm during the term of Supervision;
Avoid injurious and vicious habits, and do not use marijuana, narcotics, dangerous drugs, inhalants or prescription medication without first obtaining a prescription for said substances from a licensed physician;
Avoid persons or places of disreputable or harmful character and do not associate with individuals who commit offenses against the laws of this State or the United States;
- Obey all rules and regulations of the Supervision Department, and report to the Supervision Officer, to-wit:
WEEKLY / TWICE MONTHLY / OR MONTHLY ON APPOINTED DATE / TIME
Permit the Supervision Officer to visit you at your home or elsewhere, and notify the Supervision Officer not less than twenty-four (24) hours prior to any changes in your home or employment address;
Work faithfully at suitable employment as fast as possible, and seek the assistance of the Supervision Officer in your efforts to secure employment when unemployed;
Remain within a specified place; to-wit: Dallas County, Texas, or Approved Supervising County, and do not travel outside Dallas County, or Approved Supervising County, without first having obtained written permission from the Court or Supervising Officer;
Report in person within five (5) working days of today’s date or immediately upon your release to the District Clerk Felony Collections Department. 2nd floor, Room C2-3 Frank Crowley Building, to arrange payment of Court Costs (amount to be assessed by Court Clerk), Fine, and, if assessed Attorney Fees. In addition, pay in full all monies as assessed by the Court pursuant to the payment agreement established by the Felony Collections Department.
- Support your dependants;
Pay a Supervision fee of $_______ per month plus a $2.00 transaction fee to the Supervision Officer of this Court on or before the first day of each month hereafter during Supervision; money order; cashiers check or credit card online at
www.paycscd.comParticipate in the Community based program, Dallas Area Crime Stoppers Inc., by making a monetary contribution of $50.00 payable through the community supervision officer of this Court as directed within 90 days of being placed on Community Supervision;
First contact to the Volunteer Center must be made by the defendant within 30 days from referral and defendant is to start _______ hours of Community Service at an approved Community Service Project or projects designated by the Community Supervision and Corrections Department. A processing fee of $55.00 payable to the Volunteer Center. Hours of service to be completed by term of Supervision;
Report as directed to the Community Supervision and Corrections Department Assessment, Treatment, and Research Services program (A.T.R.S.), Frank Crowley Building, 133 N. Riverfront Blvd., 9th floor, Dallas, TX 75207, obey all program instructions and/or treatment for Substance Abuse and/or Psychological Health; and continue with such adherence until release is granted by the program or the Court. Pay any costs assessed by ATRS in accordance with program guidelines. Pay any and all costs associated with assessment, evaluation or treatment in accordance with program guidelines. (Reporting hours are from 8:00 a.m. until 5:00 p.m.)
Submit a non-dilute random urine sample and/or medical test at the request of the Supervision Officer to determine the use of illicit drugs or alcohol, paying the total cost of such urinalysis of $200.00 payable at $10.00 monthly to the Community Supervision and Corrections Department;
- IF CONVICTED OF A FELONY OFFENSE:
Submit as directed, a buccal swab specimen to the Department of Public Safety under Sub-Chapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant (Article 42.12 sex 11(a)(22), All costs incurred are to be paid by the Department;
