Texas Code of Criminal Procedure

Art. Art. 42A.562
Placement on Community Supervision; Educational and Vocational Training Pilot Program


(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 conditions that the defendant:

(1)

submit at the beginning of the term of community supervision to confinement in a state jail felony facility for a term not to exceed 90 days; and

(2)

participate in a program operated under Section 507.007 (Educational and Vocational Training Pilot Program), 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 (Risk and Needs Assessment Instrument), Government Code, or a similar instrument that takes into consideration the defendant’s prior criminal history.

(d)

Notwithstanding Article 42A.559 (Credits for Time Served)(c), the judge shall credit against the time the defendant is required to serve under Subsection (a)(1) time the defendant served in a county jail from the time of the defendant’s arrest until sentencing.

(e)

Notwithstanding the minimum period of community supervision provided by Article 42A.553 (Minimum and Maximum Periods of Community Supervision; Extension)(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)(2). 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.
Source

Last accessed
Jun. 7, 2021