(a) The judge shall direct a supervision officer approved by the community supervision and corrections department or the judge, or a person, program, or other agency approved by the Department of State Health Services, to conduct an evaluation to determine the appropriateness of, and a course of conduct necessary for, alcohol or drug rehabilitation for a defendant and to report the results of that evaluation to the judge, if: (1) the judge determines that alcohol or drug abuse may have contributed to the commission of the offense; or. Pros and Cons of Deferred Adjudication in Texas - JBabb Law Art. In Texas, deferred adjudication does not imply a sentence, and thus, the defendant escapes the present and future effects of a conviction, such as job loss, suspension of driving license, or exclusion from public assistance programs. The term does not include a parent whose parental rights have been terminated. Deferred adjudication is granted without a formal conviction. - Regular Session, ch. As for the "unsatisfactory" termination issue, realize that a petition for non-disclosure is within the judge's discretion. Essentially, it provides the defendant with an option to keep a conviction off their criminal record. Deferred Adjudication in Texas Dunham & Jones To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. (f) If a judge places on deferred adjudication community supervision a defendant charged with a misdemeanor other than a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal Code, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that it is not in the best interest of justice that the defendant receive an automatic order of nondisclosure under Section 411.072, Government Code. (d) A judge who receives a defendant for supervision as authorized by Section 510.017, Government Code, may require the defendant to pay the reimbursement fee authorized by this article. (b) If a postsentence report is ordered, the supervision officer shall send the report to the clerk of the court not later than the 30th day after the date on which sentence is pronounced or deferred adjudication community supervision is granted. Judges have the authority to make such decisions, and they do so on an individual, case-by-case basis when they believe the probationary period has served its purpose but no longer seems a viable means of proceeding. To erase the record and be able to deny the arrest, you must file a petition for non-disclosure. The form must provide for the judge to: (2) discharge the defendant, set aside the verdict or permit the defendant to withdraw the defendant's plea, and dismiss the accusation, complaint, information, or indictment against the defendant. (2) the judge determines, in consultation with a local mental health or intellectual disability services provider, that mental health or intellectual disability services, as appropriate, are available for the defendant through: (A) the Department of State Health Services or the Department of Aging and Disability Services under Section 534.053, Health and Safety Code; or. The judge may deny the motion without holding a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion. 1352 (S.B. The offender pleads guilty and got a "test period.". Art. (a) On conviction of an offense punishable as a Class C misdemeanor under Section 49.02, Penal Code, for which punishment is enhanced under Section 12.43(c), Penal Code, based on previous convictions under Section 49.02 or 42.01, Penal Code, the court may suspend the imposition of the sentence and place the defendant on community supervision if the court finds that the defendant would benefit from community supervision and enters its finding on the record. deferred adjudication terminated unsatisfactory texas. Acts 2017, 85th Leg., R.S., Ch. (j) This subsection applies only to a defendant whose payments are wholly or partly waived under this article. (j) The court may order a community supervision and corrections department to obtain information pertaining to the factors listed under Article 42.037(h) and include that information in the presentence report required under Article 42A.252(a) or a separate report, as the court directs. Art. Art. 23.014(a), eff. Art. (f) Notwithstanding any other provision of this subchapter or other law, a judge who places on community supervision a defendant who was younger than 21 years of age at the time of the offense and was convicted for an offense under Sections 49.04-49.08, Penal Code, shall order that the defendant's driver's license be suspended for 90 days beginning on the date the defendant is placed on community supervision. (b) Before the expiration of the 180-day period described by Subsection (a), the judge of the court that imposed the sentence described by that subsection may, on the judge's own motion, on the motion of the attorney representing the state, or on the written motion of the defendant, suspend further execution of the sentence and place the defendant on community supervision under the terms and conditions of this chapter if: (1) in the opinion of the judge, the defendant would not benefit from further imprisonment; (2) the defendant is otherwise eligible for community supervision under this chapter; and. 807 (H.B. Art. Art. If I have a Unsatisfactory Termination of Probation(USTP) from 23 years ago.is there any way to go back now and successfully complete this probation in order to get an expungement? How does probation end in Texas? (c) A judge may impose any condition of community supervision that the judge is authorized to impose under this chapter on a defendant who chooses to participate in the program under this subchapter, except that the judge may not impose a condition related to the program or the defendant's participation in the program. because when the deferred is terminated the case can be non-disclosed. COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR DRUG RELATED OFFENSES. A judge may not require a defendant to undergo an orchiectomy as a condition of community supervision. (b) The court may not grant community supervision on its own motion or on the recommendation of the jury to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 if: (1) the offense for which the court has made the affirmative finding is an offense under Section 19.02, Penal Code; or. Instead, the court simply enters its . What is Deferred Adjudication? | Lawrina 1137 (H.B. Probation following deferred adjudication is a trial period for an offender. These companies often misreport criminal histories. Beyond financial issues, one common reason for an unsat is that a person was deported while on probation. This type of probation which allows you to carry out your sentence in the community rather than jail or prison. SUBCHAPTER H-1. Filed Under: (b) Conditions of community supervision may include conditions requiring the defendant to: (1) commit no offense against the laws of this state or of any other state or of the United States; (3) report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department; (4) permit the supervision officer to visit the defendant at the defendant's home or elsewhere; (5) work faithfully at suitable employment to the extent possible; (A) the defendant's fine, if one is assessed; and. COMPLETION OF PROGRAM. 42A.454. VIOLATION OF CONDITION OF DEFERRED ADJUDICATION COMMUNITY SUPERVISION; HEARING. (2) a term of confinement under Section 12.35, Penal Code. LIMITATION ON JUDGE-ORDERED COMMUNITY SUPERVISION. (b) If a judge requires a defendant as a condition of community supervision to attend an alcohol awareness program or drug education program described by Subsection (a), unless the judge determines that the defendant is indigent and unable to pay the cost, the judge shall require the defendant to pay the cost of attending the program. (b) The Department of State Health Services shall approve education provided at substance abuse treatment facilities. (2) has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity described by 8 U.S.C. 42A.504. (c) Without any unnecessary delay, but not later than 48 hours after the defendant is arrested, the arresting officer or the person with custody of the defendant shall take the defendant before the judge who ordered the arrest for the alleged violation of a condition of community supervision or, if the judge is unavailable, before a magistrate of the county in which the defendant was arrested. (2) attend a responsible pet owner course sponsored by a municipal animal shelter, as defined by Section 823.001, Health and Safety Code, that: (A) receives federal, state, county, or municipal funds; and. (b) A supervision officer or magistrate who modifies the conditions of community supervision shall: (1) deliver a copy of the modified conditions to the defendant; (2) file a copy of the modified conditions with the sentencing court; and. Successful completion of a deferred adjudication saves you from a conviction. (c) A defendant is not eligible for community supervision under this article if the defendant is sentenced to serve: (1) a term of imprisonment that exceeds 10 years; or. If your case was not dismissed until after the 180 days, you can seal your record at the time of dismissal. DEFINITION. A time credit under Subsection (f) or (g) is a privilege and not a right. 1, eff. (g) In making a determination under Subsection (f), a court may waive completely or partially a payment required under Article 42A.652 only if, after waiving all other applicable payments included under Subsection (b), the court determines that the defendant does not have sufficient resources or income to make the payment. If the judge places a defendant on community supervision and the defendant is determined to be a person with mental illness or a person with an intellectual disability, as provided by Article 16.22 or Chapter 46B or in a psychological evaluation conducted under Article 42A.253(a)(6), the judge may require the defendant as a condition of community supervision to submit to outpatient or inpatient mental health or intellectual disability treatment if: (A) mental impairment is chronic in nature; or, (B) ability to function independently will continue to deteriorate if the defendant does not receive mental health or intellectual disability services; and.