(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(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 1014 (H.B. 2352), Sec. 5, eff.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.
Structure Texas Statutes
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
Article 42A.552. Review of Presentence Report
Article 42A.553. Minimum and Maximum Periods of Community Supervision; Extension
Article 42A.554. Conditions of Community Supervision
Article 42A.555. Confinement as a Condition of Community Supervision
Article 42A.556. Sanctions Imposed on Modification of Community Supervision
Article 42A.557. Report by Director of Facility
Article 42A.558. Revocation; Options Regarding Execution of Sentence
Article 42A.559. Credits for Time Served
Article 42A.560. Medical Release