COMMUNITY SUPERVISION REVOCATION & MODIFICATION SUMMARY

 

 

COMMUNITY SUPERVISION REVOCATION SENTENCING


Misdemeanor

 

DEFERRED   Maximum sentence:  

                                    Full range of punishment

 

STRAIGHT      Maximum sentence:

Assessed punishment as listed on Judgement and Sentence (UNDERLYING SENTENCE)

Felony

 

DEFERRED   Maximum sentence:

                                    Full range of punishment

 

STRAIGHT      Maximum sentence:

                                    Term of community supervision


ORDINARY MISDEMEANOR PUNISHMENTS                                                               

(Penal Code, Chapter 12)

CLASS A MISDEMEANOR

·         Fine not to exceed $4,000 and/or

·         Confinement in jail for a term not to exceed one year

CLASS B MISDEMEANOR

·         Fine not to exceed $2,000 and/or

·         Confinement in jail for a term not to exceed 180 days

CLASS C MISDEMEANOR

·         Fine not to exceed $500

 

 

 

 

 

 

 

ORDINARY FELONY PUNISHMENTS                                                              

(Penal Code, Chapter 12)

CAPITAL FELONY

·         Imprisonment in the institutional division for life or death penalty

FIRST DEGREE FELONY

·         Imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years and /or

·         Fine not to exceed $10,000

SECOND DEGREE FELONY

·         Imprisonment in the institutional division for any term of not more than 20 years or less than 2 years and/or

·         Fine not to exceed $10,000

THIRD DEGREE FELONY

·         Imprisonment in the institutional division for any term of not more than 10 years or less than 2 years and/or

·         Fine not to exceed $10,000

STATE JAIL FELONY

·         Imprisonment in a state jail for any term of not more than 2 years or less than 180 days

·        Fine not to exceed $10,000

 

 

 

 

PAROLE ELIGIBILITY  (Government Code, Section 508.145)                                                            

 

·         Life sentence on Capital Murder

- 40 calendar years

·         Life sentence for Repeat & Habitual offenders

- 35 calendar years

·         3g Offense or if Affirmative Finding of Weapon 

- ½ of sentence in calendar years or 30 years (which ever is less) but not less than 2 years

·         Drug-Free Zone Offense

- 5 calendar years or term of sentence (whichever is less)

·         All others

- good time + calendar years = Ό of sentence or 15 years (whichever is less)

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 


                                                                  

 

 

3g OFFENSES  (TCCP 42.12, Section 3g)                                                             

· Murder                                              · Capital Murder         

· Indecency with a child                      · Aggravated Kidnapping

· Aggravated Sexual Assault              · Aggravated Robbery

· Sexual Assault                                  · Use of deadly weapon

 

 

 

 

 

 
 

 

 

 







COMMUNITY SUPERVISION SANCTION RECOMMENDATIONS

SANCTION  (Placement may be via modification or direct court referral)

LIMITATIONS

LENGTH OF TIME

Jail Commitment – confinement in the county jail as a condition of probation

None

Up to 30 days for Misdemeanor

Up to 180 days for Felony

Drug Court – provides a non-adversarial approach to working with substance addicted offenders in need of an alternative to incarceration

A legal resident of El Paso County

Minimum of 24 months on probation

No violent offenders or offense involving death, SBI or sexual offense

18 months

Project Spotlight – program targeting offenders who are gang members or associates of gang members, having 2 or more felony arrests for property offenses; habitual offenders, or burglary with sexual related arrest or vice-versa; on probation for possession with intent to deliver or delivery of a controlled substance with an additional arrest for same drug offense

25 years or younger

Reside in NE or Lower Valley

6 months to 2 years

Court Residential Treatment Center (CRTC) – residential facility providing a structured living environment; main objective is to provide the offender extensive drug & alcohol counseling as well as GED and other treatment services

Males only

No Title V Offenses

Must be physically & psychological capable of participating in program

6 to 9 months

extended up to 2 years

Restitution Center (RC) – residential facility providing a structured living environment; main objective is to get offender employed to pay restitution and other court ordered fees

No Misdemeanors

No Title V Offenses

Employable**

3 months to 1 year

 

Intermediate Sanction Facility (ISF) – lock up facility providing a structured living environment in a community-based setting; also providing GED, vocational, employment and other treatment services

Must be physically & psychological capable of participating in program

6 to 9 months

extended up to 2 years

Residential Substance Abuse Treatment Facility (RSAT) – provides comprehensive residential and aftercare services to high risk offenders with substance abuse problems;  cognitive restructuring programming and a modified therapeutic community model are utilized in treating offenders

Males only

Must be physically & psychological capable of participating in program

6 to 9 months

6 month aftercare

Women’s Residential Treatment Program (ISF) – provides intensive residential substance abuse treatment services to high-risk female offenders

Females only

Must be physically & psychological capable of participating in program

6 to 9 months

3 to 6 months aftercare

Boot Camp – prison that includes strenuous physical activity similar to military type boot camp; focus is on discipline; 17 to 26 years; physically and mentally fit; sentence begins when you get to boot camp

No Misdemeanors

No State Jail Felonies

 

75 to 90 days

Shock Probation – sent to institutional division to give defendant a prison lesson.  If defendant is doing well, court will bring defendant back to IPP.   If not doing well, defendant will remain in prison; sentence begins from date of sentence

Never been to TDCJ

Offense must be probation eligible

Up to 180 days

State Jail Modified Therapeutic Community – a substance abuse treatment facility for mild to moderate drug use; usually for acute drug and alcohol problems; similar to SAFPF.

No Misdemeanors

State Jail felonies only

4 to 6 months

 

SAFPF – a substance abuse treatment facility; alternative to imprisonment; focus on intensive drug & alcohol treatment 24 hours a day; for chronic drug and alcohol problems

No Misdemeanors

No sex offenders

90 days to 1 year

followed by outpatient treatment

*  Manufacture or Deliver of Substance in Penalty Group 1, 1-A, 2 or Delivery of Marihuana               **   Citizen or Resident who has legal right to work in U.S.

γ West Texas Community Supervision and Corrections Department, Victim Services Program – December 2002