Bell/Lampasas Counties Community Supervision and Corrections Department

BELL/LAMPASAS COUNTIES COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT

27th JUDICIAL DISTRICT COURT DISTRICT ATTORNEY’S OFFICE

RE: CAUSE:

Status Report: Compliance with Conditions of Community Supervision for Purpose of Review under Article 42.12, Section 20 (a), Code of Criminal Procedure.

Payments:

Type Current/Delinquent Amount Still Owed a. Court Costs Current b. Fines Current c. Attorney’s Fee Current d. Supervision Fee Current e. Restitution Current f. Other Current

Counseling and Treatment:

Type Complete/Incomplete Comments a. Lifeskills Completed b. Anger Management Completed c. Domestic Violence Completed d. Counseling Completed e. Substance Abuse Completed f. Other: Completed

Programs and Services:

Type Complete/Incomplete Comments a. CSR Completed b. GED Completed c. NA/AA Completed d. Letter of Apology Completed e. Victim Impact Panel Completed f. Other: Completed

Supervision Officer Date NO. ______

THE STATE OF TEXAS }{ IN THE DISTRICT COURT OF

VS. }{ ______COUNTY, TEXAS

}{ _____JUDICIAL DISTRICT COURT

ORDER DENYING REVIEW FOR CONSIDERATION OF EARLY TERMINATION

On this the ____ day of ______, 200_, the Court considered whether the defendant, ______, was entitled to a review of his/her case in the above styled and numbered cause for consideration of early termination or a reduction in the term of community supervision in accordance with V. A. C. C. P, Article 42.12, Section 20 (a). The Court finds that the defendant is delinquent in paying the following required restitution, fines, costs, or fees and that the defendant has the ability to make these payments:

Type Amount Delinquent Total Amount Owed

□ Court Costs □ Fines □ Attorney’s Fees □ Supervision Fee □ Restitution □ Other ______and/or has not completed the following court-ordered counseling or treatment:

Type □ Lifeskills □ Anger Management □ Domestic Violence □ Counseling □ Substance Abuse □ Other ______

THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED by this Court that the defendant is not entitled to a review for consideration of early termination or a reduction in the term of community supervision.

Moreover, the defendant is notified that in order to satisfactorily fulfill the conditions of community supervision imposed in the above styled and numbered cause the defendant must:

Pay In the amount of By no later than

□ Court Costs □ Fines □ Attorney’s Fees □ Supervision Fee □ Restitution □ Other ______

Complete the following counseling and treatment By no later than

□ Lifeskills □ Anger Management □ Domestic Violence □ Counseling □ Substance Abuse □ Other ______

Complete the following programs and services By no later than

□ CSR □ GED □ NA/AA □ Letter of Apology □ Victim Impact Panel □ Other ______

The defendant is further informed that upon completion of the above cited and imposed conditions of community supervision, s/he will be eligible to have his/her case reviewed for consideration of early termination or a reduction in the term of community supervision. Nevertheless the Court is under no obligation to review this matter a second time and the defendant is hereby notified that it will be his/her responsibility to request a review for consideration of early termination or reduction in the term of community supervision if and when defendant has satisfactorily completed the conditions of community supervision imposed in the above styled and numbered cause.

Signed this the _____ day of ______, 200_.

______JUDGE PRESIDING

ACKNOWLEDGMENT OF RECEIPT

I, ______, the defendant in the herein above styled and numbered cause do hereby acknowledge that I received a copy of the above-signed Order Denying Review for Consideration of Early Termination on this the _____ day of ______, 200_ and I fully understand what I must do in order to satisfactorily complete the conditions of community supervision imposed in the above styled and numbered cause. ______Defendant Supervision Officer

(Defendant’s right thumbprint) Added 10/07

SECTION 2-16 REVIEW for CONSIDERATION OF EARLY TERMINATION or REDUCTION IN TERM OF COMMUNITY SUPERVISION

Reason for this Policy: In 2007 the Texas Legislature enacted H.B. 1678. This bill amends Article 42:12, Section 20 (a), Code of Criminal Procedure, to provide that on completion of one-half of the original community supervision period or two years, whichever is more, the judge must review the defendant’s record and consider whether to reduce or terminate the period of supervision.

Eligible Defendants – Those defendants:  placed on regular community supervision for a state jail felony offense on or after September 1, 2007;  placed on regular community supervision for a 3g offense other than a sex offense before September 1, 2007; and  placed on regular community supervision on or after September 1, 2007 for an offense for which the term of community supervision is more than two years.

Eligibility for Review – If an eligible defendant is in substantial compliance with the conditions of community supervision, then the trial court having jurisdiction over the defendant must review his/her case in order to consider whether to grant the defendant early termination or reduce the period of community supervision.

Ineligible for Review – If an otherwise eligible defendant is:  delinquent in paying the required restitution, fines, costs, or fees that the defendant has the ability to pay or;  has not completed court ordered counseling or treatment.

Ineligible defendants – Those defendants:  granted regular community supervision for a misdemeanor offense;  placed on deferred adjudication community supervision;  placed on regular community supervision for a 3g offense on or after September 1, 2007;  placed on regular community supervision for an intoxication offense;  placed on regular community supervision for state jail felony offense before September 1, 2007; and  placed on regular community supervision for an offense that requires the defendant to register as a sex offender. Once an eligible defendant has been placed on regular community supervision on or after September 1, 2007, the supervision officer will calculate the projected date that the Court must review the defendant’s case, ie: one-half the term of community supervision or two years, whichever is greater.

The officer will then tickle the case for 90 days prior to the projected review date.

Ninety (90) days prior to the projected review date, the supervision officer will prepare for the court a status report on the defendant. The status report will inform the court of whether or not the defendant is in substantial compliance with the conditions of community supervision. If the defendant is not in substantial compliance, the supervision officer will inform the court of the particular condition(s) with which the defendant is not in compliance and what the defendant must do to be in substantial compliance with the condition(s) of community supervision.

If the court denies a review for consideration of early termination or a reduction in the term of community supervision, the officer will prepare for the court’s signature an Order of Denial that identifies the condition(s) of community with which the defendant is not in compliance and what actions the defendant must take to be in substantial compliance. If the court nevertheless decides to review the defendant’s case, the supervision officer will contact the court coordinator in accordance with the procedure outlined in the paragraph below.

If the defendant is in substantial compliance with the conditions of community supervision, then within 90 days of the projected review date, the supervision officer will notify the court coordinator of the court having jurisdiction over the case of the need for a review date and will also furnish to the court coordinator the most up to date address for the defendant.