CCP Ch. 42A. Probation

Attorney Trey Porter
Trey Porter

CCP Ch. 42A. Probation

A man sits at a desk in an office, working on his smartphone and computer. A stack of trays, a lamp, and other office supplies are on the desk. The environment is well-lit by natural light as he contemplates the consequences of failing a drug test on probation.

WHAT IS PROBATION IN TEXAS?

Depending on certain circumstances, Texas law allows a person to seek “community supervision,” rather than serving a sentence of confinement. The two types of community supervision in Texas are post-conviction community supervision (commonly referred to as “probation”) and deferred adjudication. A person on probation has a criminal conviction, while one on deferred adjudication does not.

A person may be eligible for probation from either a judge or jury, after a guilty finding and conviction. Eligibility for probation is based on the offense committed, and any prior felony convictions. After the person is convicted and sentenced to jail or prison, a judge orders the sentence to be legally “suspended,” and places the person on probation with specified conditions. If the probationer fails to follow their conditions, the judge may impose the original, or underlying, jail or prison sentence.

WHAT IS THE PROBATION LAW IN TEXAS?

Tex. Code Crim. Proc. art. 42.001(1)

“Community supervision” means the placement of a defendant by a court under a continuum of programs and sanctions, with conditions imposed by the court for a specified period during which:

  1. criminal proceedings are deferred without an adjudication of guilt; or
  2. a sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or in part.

Tex. Code Crim. Proc. art. 42A.053. Judge-Ordered Community Supervision

(a) A judge, in the best interest of justice, the public, and the defendant, after conviction or a plea of guilty or nolo contendere, may:

(1) suspend the imposition of the sentence and place the defendant on community supervision; or

(2) impose a fine applicable to the offense and place the defendant on community supervision.

(b) A judge may not deny community supervision to a defendant based solely on the defendant’s inability to speak, read, write, hear, or understand English.

(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

(2) a term of confinement under Section 12.35, Penal Code.

Tex. Code Crim. Proc. art. 42A.054. Limitation on Judge-Ordered Community Supervision

(a) Article 42A.053 does not apply to a defendant adjudged guilty of an offense under:

(1) Section 15.03, Penal Code, if the offense is punishable as a felony of the first degree;

(2) Section 19.02, Penal Code (Murder);

(3) Section 19.03, Penal Code (Capital Murder);

(4) Section 20.04, Penal Code (Aggravated Kidnapping);

(5) Section 20A.02, Penal Code (Trafficking of Persons);

(6) Section 20A.03, Penal Code (Continuous Trafficking of Persons);

(7) Section 21.11, Penal Code (Indecency with a Child);

(8) Section 22.011, Penal Code (Sexual Assault);

(9) Section 22.021, Penal Code (Aggravated Sexual Assault);

(10) Section 22.04(a)(1), Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if:

(A) the offense is punishable as a felony of the first degree; and

(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

(B) the actor committed the offense with the intent to commit a felony under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code;

(13) Section 43.04, Penal Code (Aggravated Promotion of Prostitution);

(14) Section 43.05, Penal Code (Compelling Prostitution);

(15) Section 43.25, Penal Code (Sexual Performance by a Child);

(16) Chapter 481, Health and Safety Code, for which punishment is increased under:

(A) Section 481.140 of that code (Use of Child in Commission of Offense); or

(B) Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections; or

(17) Section 481.1123, Health and Safety Code (Manufacture or Delivery of Substance in Penalty Group 1-B), if the offense is punishable under Subsection (d), (e), or (f) of that section.

(b) Article 42A.053 does not apply to a defendant when it is shown that:

(1) a deadly weapon as defined by Section 1.07, Penal Code, was used or exhibited during the:

(A) commission of a felony offense; or

(B) immediate flight from the commission of a felony offense; and

(2) the defendant:

(A) used or exhibited the deadly weapon; or

(B) was a party to the offense and knew that a deadly weapon would be used or exhibited.

(c) On an affirmative finding regarding the use or exhibition of a deadly weapon as described by Subsection (b), the trial court shall enter the finding in the judgment of the court.

(d) On an affirmative finding that the deadly weapon under Subsection (c) was a firearm, the court shall enter that finding in its judgment.

(e) Notwithstanding Subsection (a), with respect to an offense committed by a defendant under Section 43.04 or 43.05, Penal Code, a judge may place the defendant on community supervision as permitted by Article 42A.053 if the judge makes a finding that the defendant committed the offense solely as a victim of an offense under Section 20A.02, 20A.03, 43.03, 43.04, or 43.05, Penal Code.

Tex. Code Crim. Proc. art. 42A.055. Jury-Ordered Community Supervision

(a) A jury that imposes confinement as punishment for an offense may recommend to the judge that the judge suspend the imposition of the sentence and place the defendant on community supervision. A judge shall suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict.

(b) A defendant is eligible for community supervision under this article only if:

(1) before the trial begins, the defendant files a written sworn motion with the judge that the defendant has not previously been convicted of a felony in this or any other state; and

(2) the jury enters in the verdict a finding that the information contained in the defendant’s motion is true.

(c) If the jury recommends to the judge that the judge place the defendant on community supervision, the judge shall place the defendant on community supervision for any period permitted under Articles 42A.053(d) and (f), as appropriate.

(d) A judge may extend the maximum period of community supervision in the manner provided by Article 42A.753 or 42A.757.

Tex. Code Crim. Proc. art. 42A.056. Limitation on Jury-Ordered Community Supervision

A defendant is not eligible for community supervision under Article 42A.055 if the defendant:

(1) is sentenced to a term of imprisonment that exceeds 10 years;

(2) is convicted of a state jail felony for which suspension of the imposition of the sentence occurs automatically under Article 42A.551;

(3) is adjudged guilty of an offense under Section 19.02, Penal Code;

(4) is convicted of an offense under Section 21.11, 22.011, or 22.021, Penal Code, if the victim of the offense was younger than 14 years of age at the time the offense was committed;

(5) is convicted of an offense under Section 20.04, Penal Code, if:

(A) the victim of the offense was younger than 14 years of age at the time the offense was committed; and

(B) the actor committed the offense with the intent to violate or abuse the victim sexually;

(6) is convicted of an offense under Section 20A.02, 20A.03, 43.04, 43.05, or 43.25, Penal Code;

(7) is convicted of an offense for which punishment is increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections; or

(8) is convicted of an offense under Section 481.1123, Health and Safety Code, if the offense is punishable under Subsection (d), (e), or (f) of that section.

HOW LONG IS PROBATION IN TEXAS?

Probation length will vary among the different Texas Penal Code offenses and across the state’s many jurisdictions. In many cases the sentencing judge determines the length of probation by considering the characteristics of the Defendant, the facts of the case, the Defendant’s criminal history, and any other relevant factor. However, effective advocacy and plea bargain negotiations directly influence the ultimate length of probation in Texas. Additionally, Offenders who have demonstrated compliance with court requirements may also seek early termination of probation in many circumstances.

Texas law thus establishes several important constraints to probation length and the court’s statutory power to amend and extend a probation period in certain circumstances. Texas Code of Criminal Procedure Article 42A.053 provides:

(d) In a felony case:

(1) the minimum period of community supervision is the same as the minimum term of imprisonment applicable to the offense; and

(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

(B) five years, for any of the following third degree felonies:

(i) a third degree felony under Title 7, Penal Code; and

(ii) a third degree felony under Chapter 481, Health and Safety Code.

(e) Notwithstanding Subsection (d), the minimum period of community supervision under this article for a felony described by Article 42A.453(b) is five years.

(f) The maximum period of community supervision in a misdemeanor case is two years.

(g) Notwithstanding Subsection (d)(2) or (f), a judge may extend the maximum period of community supervision in the manner provided by Article 42A.753 or 42A.757.

Can a judge extend probation in Texas?

Texas law allows a judge to extend a supervisory term upon a probation violation. The judge may extend adult probation as frequently as necessary but felony probation may not exceed 10 years. Similarly, a misdemeanor probation extension may not exceed 3 years except when the Defendant continues to owe fines or fees, in which case a judge may add an additional 2 years of supervision.

The statutory authority for probation extension is found in Code of Criminal Procedure Article 42A.753, which states:

(a) On a showing of good cause, the judge may extend a period of community supervision under Article 42A.752(a)(2) as frequently as the judge determines is necessary, but the period of community supervision in a first, second, or third degree felony case may not exceed 10 years and, except as otherwise provided by Subsection (b), the period of community supervision in a misdemeanor case may not exceed three years.

(b) The judge may extend the period of community supervision in a misdemeanor case for any period the judge determines is necessary, not to exceed an additional two years beyond the three-year limit provided by Subsection (a), if:

(1) the defendant fails to pay a previously assessed fine, cost, or restitution; and

(2) the judge determines that extending the supervision period increases the likelihood that the defendant will fully pay the fine, cost, or restitution.

(c) A court may extend a period of community supervision under Article 42A.752(a)(2):

(1) at any time during the supervision period; or

(2) before the first anniversary of the date the supervision period ends, if a motion for revocation of community supervision is filed before the date the supervision period ends.

WHAT HAPPENS WHEN THERE IS A VIOLATION OF CONDITIONS OF PROBATION IN TEXAS?

Probation violations are typically addressed by the filing of a motion for revocation of community supervision (MTR). Defendants facing probation revocation are entitled to a hearing before any disciplinary extension or revocation can issue. Pursuant to Article 42A.754 of the Code of Criminal Procedure, only the court in which the Defendant was tried may revoke the Defendant’s community supervision unless the judge transfers jurisdiction to another court.

Upon notice of a probation violation, the judge may issue a warrant and cause the Defendant to be arrested. Once a Defendant is in custody the judge may issue bail, allowing the Defendant release on bond until the revocation hearing. A Defendant has a right to legal counsel at a revocation hearing and shall be appointed such representation if indigent. After a hearing without a jury, a judge may continue, extend, modify, or revoke the Defendant’s community supervision.

Tex. Code Crim. Proc. art. 42A.751. Violation of Conditions of Community Supervision; Detention and Hearing

(a) At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision and cause a defendant convicted under Section 43.02 or 43.021, Penal Code, Chapter 481, Health and Safety Code, or Sections 485.031 through 485.035, Health and Safety Code, or placed on deferred adjudication community supervision after being charged with one of those offenses, to be subject to:

(1) the control measures of Section 81.083, Health and Safety Code; and

(2) the court-ordered-management provisions of Subchapter G, Chapter 81, Health and Safety Code.

(b) At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision and cause the defendant to be arrested. Any supervision officer, police officer, or other officer with the power of arrest may arrest the defendant with or without a warrant on the order of the judge to be noted on the docket of the court. Subject to Subsection (c), a defendant arrested under this subsection may be detained in the county jail or other appropriate place of confinement until the defendant can be taken before the judge for a determination regarding the alleged violation. The arresting officer shall immediately report the arrest and detention to the judge.

(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. The judge or magistrate shall perform all appropriate duties and may exercise all appropriate powers as provided by Article 15.17 with respect to an arrest for a new offense, except that only the judge who ordered the arrest for the alleged violation may authorize the defendant’s release on bail. The defendant may be taken before the judge or magistrate under this subsection by means of an electronic broadcast system as provided by and subject to the requirements of Article 15.17.

(d) If the defendant has not been released on bail as permitted under Subsection (c), on motion by the defendant, the judge who ordered the arrest for the alleged violation of a condition of community supervision shall cause the defendant to be brought before the judge for a hearing on the alleged violation within 20 days of the date the motion is filed. After a hearing without a jury, the judge may continue, extend, modify, or revoke the community supervision.

(e) A judge may revoke without a hearing the community supervision of a defendant who is imprisoned in a penal institution if the defendant in writing before a court of record or a notary public in the jurisdiction where the defendant is imprisoned:

(1) waives the defendant’s right to a hearing and to counsel;

(2) affirms that the defendant has nothing to say as to why sentence should not be pronounced against the defendant; and

(3) requests the judge to revoke community supervision and to pronounce sentence.

(f) In a felony case, the state may amend the motion to revoke community supervision at any time before the seventh day before the date of the revocation hearing, after which time the motion may not be amended except for good cause shown. The state may not amend the motion after the commencement of taking evidence at the revocation hearing.

(g) The judge may continue the revocation hearing for good cause shown by either the defendant or the state.

(h) The court may not revoke the community supervision of a defendant if, at the revocation hearing, the court finds that the only evidence supporting the alleged violation of a condition of community supervision is the uncorroborated results of a polygraph examination.

(i) In a revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay community supervision fees or court costs or by failing to pay the costs of legal services as described by Article 42A.301(b)(11), the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge.

(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.

(k) A defendant has a right to counsel at a hearing under this article. The court shall appoint counsel for an indigent defendant in accordance with the procedures adopted under Article 26.04.

(l) A court retains jurisdiction to hold a hearing under Subsection (d) and to revoke, continue, or modify community supervision, regardless of whether the period of community supervision imposed on the defendant has expired, if before the expiration of the supervision period:

(1) the attorney representing the state files a motion to revoke, continue, or modify community supervision; and

(2) a capias is issued for the arrest of the defendant.

Tex. Code Crim. Proc. art. 42A.752. Continuation or Modification of Community Supervision after Violation

(a) If after a hearing under Article 42A.751(d) a judge continues or modifies community supervision after determining that the defendant violated a condition of community supervision, the judge may impose any other conditions the judge determines are appropriate, including:

(1) a requirement that the defendant perform community service for a number of hours specified by the court under Article 42A.304, or an increase in the number of hours that the defendant has previously been required to perform under that article in an amount not to exceed double the number of hours permitted by that article;

(2) an extension of the period of community supervision, in the manner described by Article 42A.753;

(3) an increase in the defendant’s fine, in the manner described by Subsection (b); or

(4) the placement of the defendant in a substance abuse felony punishment program operated under Section 493.009, Government Code, if:

(A) the defendant is convicted of a felony other than:

(i) a felony under Section 21.11, 22.011, or 22.021, Penal Code; or

(ii) criminal attempt of a felony under Section 21.11, 22.011, or 22.021, Penal Code; and

(B) the judge makes an affirmative finding that:

(i) drug or alcohol abuse significantly contributed to the commission of the offense or violation of a condition of community supervision, as applicable; and

(ii) the defendant is a suitable candidate for treatment, as determined by the suitability criteria established by the Texas Board of Criminal Justice under Section 493.009(b), Government Code.

(b) A judge may impose a sanction on a defendant described by Subsection (a)(3) by increasing the fine imposed on the defendant. The original fine imposed on the defendant and an increase in the fine imposed under this subsection may not exceed the maximum fine for the offense for which the defendant was sentenced. The judge shall deposit money received from an increase in the defendant’s fine under this subsection in the special fund of the county treasury to be used for the same purposes for which state aid may be used under Chapter 76, Government Code.

(c) If the judge imposes a sanction under Subsection (a)(4), the judge shall also impose a condition requiring the defendant on successful completion of the program to participate in a drug or alcohol abuse continuum of care treatment plan.

Tex. Code Crim. Proc. art. 42A.755. Revocation of Community Supervision

(a) If community supervision is revoked after a hearing under Article 42A.751(d), the judge may:

(1) proceed to dispose of the case as if there had been no community supervision; or

(2) if the judge determines that the best interests of society and the defendant would be served by a shorter term of confinement, reduce the term of confinement originally assessed to any term of confinement not less than the minimum prescribed for the offense of which the defendant was convicted.

(b) The judge shall enter in the judgment in the case the amount of restitution owed by the defendant on the date of revocation.

(c) Except as otherwise provided by Subsection (d), no part of the period that the defendant is on community supervision may be considered as any part of the term that the defendant is sentenced to serve.

(d) On revocation, the judge shall credit to the defendant time served as a condition of community supervision in a substance abuse felony punishment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code, or other court-ordered residential program or facility, but only if the defendant successfully completes the treatment program in that facility.

(e) The right of the defendant to appeal for a review of the conviction and punishment, as provided by law, shall be accorded the defendant at the time the defendant is placed on community supervision. When the defendant is notified that the defendant’s community supervision is revoked for a violation of the conditions of community supervision and the defendant is called on to serve a sentence in a jail or in the Texas Department of Criminal Justice, the defendant may appeal the revocation.

WHAT ARE CONDITIONS OF PROBATION IN TEXAS?

Texas judges have wide latitude in imposing probation conditions depending on the type of offense and the nature of the case. Additionally, Texas law subjects certain offenses and offenders to mandatory probation conditions. For example, repeat DWI offenders must maintain a deep-lung breath alcohol analysis mechanism, or ignition interlock device as a condition of probation.

Common community supervision conditions thus include refraining from further criminal offenses, payment of fines, community service, alcohol and drug testing and awareness programs, and regular meetings with a probation officer. A judge may also require confinement as a condition of probation, for a maximum of 30 days in a misdemeanor case, and 180 days in a felony.

The statutory authorities regulating Texas probation conditions are contained in Subchapter G through Subchapter N of Chapter 42A of the Code of Criminal Procedure.

Tex. Code Crim. Proc. art. 42A.301. Basic Discretionary Conditions

(a) The judge of the court having jurisdiction of the case shall determine the conditions of community supervision after considering the results of a risk and needs assessment conducted with respect to the defendant. The assessment must be conducted using an instrument that is validated for the purpose of assessing the risks and needs of a defendant placed on community supervision. The judge may impose any reasonable condition that is not duplicative of another condition and that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. In determining the conditions, the judge shall consider the extent to which the conditions impact the defendant’s:

(1) work, education, and community service schedule or obligations; and

(2) ability to meet financial obligations.

(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;

(2) avoid injurious or vicious habits;

(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;

(6) remain within a specified place;

(7) pay in one or more amounts:

(A) the defendant’s fine, if one is assessed; and

(B) all court costs, regardless of whether a fine is assessed;

(8) support the defendant’s dependents;

(9) participate, for a period specified by the judge, in any community-based program, including a community service project under Article 42A.304;

(10) if the judge determines that the defendant has financial resources that enable the defendant to offset in part or in whole the costs of the legal services provided to the defendant in accordance with Article 1.051(c) or (d), including any expenses and costs, reimburse the county in which the prosecution was instituted for the costs of the legal services in an amount that the judge finds the defendant is able to pay, except that the defendant may not be ordered to pay an amount that exceeds:

(A) the actual costs, including any expenses and costs, paid by the county for the legal services provided by an appointed attorney; or

(B) if the defendant was represented by a public defender’s office, the actual amount, including any expenses and costs, that would have otherwise been paid to an appointed attorney had the county not had a public defender’s office;

(11) if under custodial supervision in a community corrections facility:

(A) remain under that supervision;

(B) obey all rules and regulations of the facility; and

(C) pay a percentage of the defendant’s income to the facility for room and board;

(12) submit to testing for alcohol or controlled substances;

(13) attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Department of State Health Services;

(14) with the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation;

(15) submit to electronic monitoring;

(16) reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56B.003, of the offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;

(17) reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;

(18) reimburse all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense;

(19) pay a fine in an amount not to exceed $50 to a crime stoppers organization, as defined by Section 414.001, Government Code, and as certified by the Texas Crime Stoppers Council;

(20) submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant; and

(21) in any manner required by the judge, provide in the county in which the offense was committed public notice of the offense for which the defendant was placed on community supervision.

(c) Before the judge may require as a condition of community supervision that the defendant receive treatment in a state-funded substance abuse treatment program, including an inpatient or outpatient program, a substance abuse felony program under Article 42A.303, or a program provided to the defendant while confined in a community corrections facility as defined by Article 42A.601, the judge must consider the results of an evaluation conducted to determine the appropriate type and level of treatment necessary to address the defendant’s alcohol or drug dependency.

Subchapter I of the statute contains general probation conditions applicable to intoxication offenses like DWI. These provision require a drug and alcohol dependency evaluation for those convicted of DWI, use of a motor vehicle ignition interlock device for repeat offenders, and other relevant conditions like driver’s license suspensions.

Subchapter K of the statute sets forth specific conditions applicable to a bevy of distinct criminal offenses and offenders. For example, Article 42A.504 creates special conditions for offenses of domestic violence including completion of a Battering Intervention Program. Similarly, Article 42A.507 establishes conditions for criminal street gang members including compliance with GPS tracking. The provisions of this subchapter seek to establish a uniformity of probation conditions across a diaspora of criminal offenses and offenders.

Tex. Code Crim. Proc. art. 42A.301. Payment as a Condition of Community Supervision

a) A judge may not order a defendant to make a payment as a term or condition of community supervision, except for:

(1) the payment of fines, court costs, or restitution to the victim;

(2) reimbursement of a county as described by Article 42A.301(b)(11); or

(3) a payment ordered as a condition that relates personally to the rehabilitation of the defendant or that is otherwise expressly authorized by law.

(b) A defendant’s obligation to pay a fine or court cost as ordered by a judge is independent of any requirement to pay the fine or court cost as a condition of the defendant’s community supervision. A defendant remains obligated to pay any unpaid fine or court cost after the expiration of the defendant’s period of community supervision.

(c) A judge may not impose a condition of community supervision requiring a defendant to reimburse a county for the costs of legal services as described by Article 42A.301(b)(11) if the defendant has already satisfied that obligation under Article 26.05(g).

PROBATION IN TEXAS

Probation, also known as community supervision, is a preferable alternative to incarceration where a criminal Defendant is allowed to remain in the community under certain conditions set by the court. Instead of serving jail time or prison, the offender must comply with various rules and requirements designed to ensure they lead a law-abiding life and do not pose a threat to society.

Texas Code of Criminal Procedure Chapter 42A establishes the statutory authority for probation, allowing a court to set specific conditions an offender must follow. Not all offenders are eligible for probation. Defendants on probation are supervised by probation officers who monitor their compliance with court conditions. If a Defendant violates any terms of their probation, the court can impose additional penalties, including modification, extension, and revocation of community supervision.

Probation is a rehabilitative tool, allowing for a minimization of the societal and financial costs associated with incarceration. Offenders are allowed to maintain their familial and community ties while remaining productive members of society and receiving treatment for any mental health or substance abuse issues. Probation allows offenders to discharge their sentence outside of jail or prison under strict conditions set by the court.

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