Texas Code of Criminal Procedure
§ 42A.701 — REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION PERIOD
CR § 42A.701Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION PERIOD
Statute text
View on source(a)At any time after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less, the judge may reduce or terminate the period of community supervision.
(b)On completion of one-half of the original community supervision period or two years of community supervision, whichever is more, the judge shall review the defendant's record and consider whether to reduce or terminate the period of community supervision, unless the defendant:
(1)is delinquent in paying required restitution that the defendant has the ability to pay; or
(2)has not completed court-ordered counseling or treatment. (b-1) The supervision officer shall notify the judge as soon as practicable after the date a defendant, who at the time of the review required by Subsection (b) was delinquent in paying restitution or had not completed court-ordered counseling or treatment, completes the remaining court-ordered counseling or treatment and makes the delinquent restitution payments, as applicable, and is otherwise compliant with the conditions of community supervision. On receipt of the notice the judge shall review the defendant's record and consider whether to reduce or terminate the period of community supervision. (b-2) Following a review conducted under Subsection (b) or (b-1), the judge may reduce or terminate the period of community supervision or decide not to reduce or terminate the period of community supervision. In making the determination, the judge may consider any factors the judge considers relevant, including whether the defendant is delinquent in paying court-ordered costs, fines, or fees that the defendant has the ability to pay as provided by Article 42A.655.
(c)Before reducing or terminating a period of community supervision or conducting a review under this article, the judge shall notify the attorney representing the state and the defendant or, if the defendant has an attorney, the defendant's attorney.
(d)If the judge determines that the defendant has failed to satisfactorily fulfill the conditions of community supervision, the judge shall advise the defendant in writing of the requirements for satisfactorily fulfilling those conditions. (d-1) If the judge does not terminate the defendant's period of community supervision after conducting a review under this article:
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Legislative history
Acts 2017, 85th Leg., R.S., Ch. 1017 (H.B. 1507), Sec. 3, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 9, eff. September 1, 2021.