Tex.
Code of Crim. Proc. Article 42A.755
Revocation of Community Supervision
(a)
If community supervision is revoked after a hearing under Article 42A.751 (Violation of Conditions of Community Supervision; Detention and Hearing)(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 (Substance Abuse Felony Punishment Facilities), 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.
Source:
Article 42A.755 — Revocation of Community Supervision, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.755 (accessed Jun. 5, 2024).
