Tex.
Code of Crim. Proc. Article 42A.052
Modification of Conditions by Supervision Officer or Magistrate
(a)
A judge who places a defendant on community supervision may authorize the supervision officer supervising the defendant or a magistrate appointed by the district courts in the county that give preference to criminal cases to modify the conditions of community supervision for the limited purposes of:(1)
transferring the defendant to different programs within the community supervision continuum of programs and sanctions; or(2)
prioritizing the conditions ordered by the court according to the defendant’s progress under supervision.(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(3)
note the date of delivery of the copy in the defendant’s file.(c)
If the defendant agrees to the modification in writing, the officer or magistrate shall file a copy of the modified conditions with the district clerk and the conditions shall be enforced as modified. If the defendant does not agree to the modification in writing, the supervision officer or magistrate shall refer the case to the judge for modification in the manner provided by Article 42A.752 (Continuation or Modification of Community Supervision After Violation).(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 (State Jail Felony Punishment), Penal Code.(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 (Texas Controlled Substances Act), 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 (Child Safety Zone)(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 (Extension of Community Supervision After Violation) or 42A.757.
Source:
Article 42A.052 — Modification of Conditions by Supervision Officer or Magistrate, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.052 (accessed Jun. 5, 2024).
