At any time after the 75th day after the date the defendant is received into the custody of a state jail felony facility, the decide on the choose’s personal movement, on the movement of the attorney representing the state, or on the movement of the defendant might suspend additional execution of the sentence and place the defendant on community supervision under the situations of this subchapter. 2) has two or extra instances been beforehand convicted of, or acquired a grant of deferred adjudication community supervision or one other functionally equal type of neighborhood supervision or probation for, a felony offense underneath the laws of this state, another state, or the United States. 2) not less than ninety days or multiple 12 months, if the defendant is convicted of an offense punishable as a state jail felony underneath Section 481.112, 481.1121, 481.113, or 481.120, Health and Safety Code. A defendant is taken into account to be finally convicted if the decide orders the sentence to be executed underneath Subsection (d)(2), no matter whether the decide orders the sentence to be executed in complete or only partly.
The power director of a state jail felony facility shall report to a decide who orders a defendant confined in the ability as a condition of neighborhood supervision or as a sanction imposed on a modification of neighborhood supervision beneath Article 42A.556 not lower than each 90 days on the defendant’s programmatic progress, conduct, and conformity to the rules of the facility. Notwithstanding some other regulation and topic to Subsection (c), the courtroom shall consider whether or not the defendant has ample assets or revenue to make any payments under this chapter, excluding restitution however including any price, wonderful, reimbursement cost, courtroom price, rehabilitation price, program cost, service cost, counseling value, ignition interlock cost, evaluation price, testing price, schooling cost, treatment cost, fee required beneath Article 42A.652, or every other payment or cost authorized or required underneath this chapter. For a defendant with a judgment that comprises a finding below Article 42.0199 that the defendant is presumptively entitled to diligent participation credit score and who has not been the topic of disciplinary motion while confined in the state jail felony facility, the department shall credit in opposition to any time the defendant is required to serve in a state jail felony facility extra time for each day the defendant truly served in the power while diligently taking part in an academic, vocational, treatment, or work program.
A defendant may not be awarded a time credit score underneath Subsection (f) or (g) for any period during which the defendant is subject to disciplinary status. 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 acquired into the custody of a state jail felony facility, notify the choose of the date on which the defendant will have served 75 days in the ability. 2) in a substance abuse felony punishment facility operated by the Texas Department of Criminal Justice below Section 493.009, Government Code, or different courtroom-ordered residential program or facility if the defendant successfully completes the therapy program in that facility. Except as in any other case supplied by this subsection, a decide who locations a defendant on group supervision for an offense listed in Article 42A.551(a) shall require the defendant to comply with substance abuse therapy circumstances which might be consistent with standards adopted by the Texas Board of Criminal Justice below Section 509.015, Government Code. 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’s punished beneath Section 12.35(a), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on group supervision.
The courtroom shall require the defendant or the defendant’s father or mother to pay the price of attending an academic program underneath Subsection (b) if the court docket determines that the defendant or the defendant’s parent is financially in a position to make cost. Before lowering or terminating a period of group supervision or conducting a evaluation beneath this article, the choose shall notify the lawyer representing the state and the defendant or, if the defendant has an lawyer, the defendant’s attorney. If the choose discharges the defendant underneath this text, the judge may put aside the verdict or permit the defendant to withdraw the defendant’s plea. Art. 42A.506. Community SUPERVISION FOR DEFENDANT WITH Mental IMPAIRMENT. Art. 42A.560. MEDICAL Release. If the report signifies that the defendant has made important progress toward court docket-ordered circumstances of community supervision, the choose shall modify the decide’s sentence and launch the defendant in the identical manner as supplied by Subsection (a). Not later than 18 months after the date on which a defendant is granted group supervision beneath this chapter and required as a condition of community supervision to serve a time period of confinement below this subchapter, the group corrections facility director shall file with the group supervision and corrections department director a replica of an analysis made by the facility director of the defendant’s behavior and angle at the ability.