What Is Community Supervision in Texas?

Supervision keeps you out of a cell. One broken rule can undo it. Peter M. Barrett has been licensed in Texas since 1994 and has tried more than 150 jury trials. He is a Past President of the Dallas Criminal Defense Lawyers Association (2005).

What community supervision actually is

Under Art. 42A.053(a), a judge acting in the best interest of justice, the public, and the defendant may, after a conviction or a plea of guilty or no contest, suspend the imposition of the sentence and place the defendant on community supervision. The sentence exists on paper but is not served while you comply with the conditions.

The two kinds, and how they differ

Regular community supervision rests on a conviction. A jury can recommend it too: under Art. 42A.055(a), the judge shall suspend the sentence if the verdict recommends it. Under Art. 42A.055(b), that route opens only if you file a sworn motion before trial stating you have no prior felony conviction anywhere, and the jury agrees.

Deferred adjudication is different. Under Art. 42A.101(a), after a plea of guilty or no contest and a finding that the evidence substantiates guilt, the judge may defer proceedings without entering a finding of guilt.

Who is not eligible

• Sentence length. Art. 42A.053(c): not eligible if sentenced to imprisonment over 10 years, or to confinement under Penal Code Section 12.35.
• Listed offenses. Art. 42A.054(a) lists offenses a judge may not suspend, including murder, aggravated kidnapping, trafficking, aggravated robbery, stalking, sexual offenses against children, and some drug offenses.
• Deadly weapons. Art. 42A.054(b) removes judge-ordered supervision where a deadly weapon was used or exhibited during a felony or immediate flight, and the defendant used it or knew one would be. Art. 42A.054(c) puts the finding in the judgment.
• Jury route. Art. 42A.056 adds its own bars, including sentences over 10 years, murder, trafficking, and certain child-victim sex offenses.
• Deferred adjudication. Art. 42A.102(b) allows it unless the charge is excluded. Exclusions include trafficking, intoxication assault and manslaughter, a DWI with a commercial license or an alcohol concentration of 0.15 or more, a repeat DWI, continuous sexual abuse, and murder, subject to a narrow exception. For certain sex offense charges, Art. 42A.102(a) requires an open-court finding that it serves the victim.

The conditions, and who sets them

Under Art. 42A.301(a), the judge sets the conditions after a validated risk and needs assessment, and may impose any reasonable condition designed to protect or restore the community or the victim, or punish, rehabilitate, or reform the defendant. For deferred adjudication, Art. 42A.104(a) allows the same reasonable conditions, including confinement.

Art. 42A.301(b) lists conditions the judge may impose: commit no offense, avoid injurious or vicious habits, report as directed, allow home visits, work at suitable employment, remain within a specified place, pay your fine and court costs, support your dependents, submit to drug testing, and attend treatment.

• Jail and service. Art. 42A.302(a) caps confinement as a condition at 30 days in a misdemeanor case, 180 in a felony case. Art. 42A.304(b) caps community service at 1,000 hours for a first degree felony, 100 for a Class B misdemeanor.
• Restitution. Art. 42.037 permits restitution to a victim or to the victims of crime fund, and makes it a condition enforceable by revocation.
• Monthly fee. Art. 42A.652 requires a reimbursement fee of $25 to $60 a month, which a judge may waive or reduce for hardship.

The conditions, not the calendar, decide whether you finish. Reporting is enforceable, and Art. 42A.301(b)(6) lets a judge order you to stay within a specified place, so ask before you travel. Raise money problems early: Art. 42.037(h) lists what a court weighs before revoking over unpaid restitution, including earning ability and willfulness. See traveling abroad after a felony.

How long it lasts

Under Art. 42A.053(d), the felony minimum equals the minimum term of imprisonment for the offense, and the maximum is 10 years, except five for a third degree felony under Penal Code Title 7 or Health and Safety Code Chapter 481. A misdemeanor caps at two years (Art. 42A.053(f)).

Art. 42A.103 mirrors that for deferred adjudication: 10 years for a felony, a five-year floor for charges under Penal Code Sections 21.11, 22.011, or 22.021, and two years for a misdemeanor.

Arts. 42A.053(g) and 42A.103(c) allow extension under Art. 42A.753. On good cause a judge may extend as often as needed, but a first, second, or third degree felony may not pass 10 years and a misdemeanor may not pass three, with two more years for unpaid fines or restitution.

Getting off supervision early

Under Art. 42A.701(a), once you satisfactorily complete one-third of the original period or two years, whichever is less, the judge may reduce or terminate it.

A review is mandatory too. Under Art. 42A.701(b), on completion of one-half of the period or two years, whichever is more, the judge shall review your record and consider reducing or terminating, unless you are delinquent on restitution you can afford or have not finished court-ordered counseling. The judge may still decline (Art. 42A.701(b-2)).

Art. 42A.701(g) excludes anyone convicted under Penal Code Sections 49.04 through 49.08, of an offense requiring sex offender registration under Chapter 62, or of a felony described by Art. 42A.054. See also whether a violation always means jail.

What happens if you violate

Under Art. 42A.751(b), the judge may issue a warrant for a violation of any condition and have you arrested and held. Under Art. 42A.751(c), you must be brought before the judge within 48 hours, and only that judge may authorize bail. If you are not released, Art. 42A.751(d) gives you a hearing within 20 days of your motion.

The hearing is not a trial. After a hearing without a jury, Art. 42A.751(d) lets the judge continue, extend, modify, or revoke. Art. 42A.751(k) gives you a right to counsel, and Art. 42A.751(h) bars revocation on an uncorroborated polygraph alone. Where unpaid fees are the only allegation, Art. 42A.751(i) makes the State prove by a preponderance of the evidence that you could pay and did not.

Short of revoking, Art. 42A.752(a) lets the judge modify supervision and add conditions. If the judge revokes, Art. 42A.755 allows sentencing as if there had been no supervision, or a reduced term not less than the offense minimum. Apart from credit for a completed residential treatment program, Art. 42A.755(c) says your time on supervision does not count toward it.

Deferred adjudication runs its own track. Art. 42A.108(a) makes you subject to arrest under Art. 42A.751, and Art. 42A.108(b) limits the hearing to whether the court will adjudicate guilt on the original charge. Then comes the part people miss: under Art. 42A.110(a), after an adjudication of guilt all proceedings, including punishment and sentence, continue as if guilt had never been deferred. The full original range is back. See avoiding probation violations and the first 48 hours.

What deferred adjudication leaves behind

Finishing is not the same as the case never existing. Under Art. 42A.111(a), if the judge has not adjudicated guilt when the period expires, the judge shall dismiss the proceedings and discharge you. Art. 42A.111(c) says that dismissal is not a conviction for the disqualifications the law imposes for one, except under Penal Code Section 12.42(g). But Art. 42A.111(d)(1) makes it admissible on penalty if you are convicted later, so the record still exists.

• Automatic for some misdemeanors. Gov't Code 411.072 covers a misdemeanor other than DWI and other than offenses under Penal Code Chapters 20, 21, 22, 25, 42, 43, 46, and 71, where the person has no prior conviction or deferred adjudication beyond a fine-only traffic offense. If Section 411.074 is met, the court shall issue the order on discharge, no earlier than the 180th day after placement.
• By petition for everyone else. Gov't Code 411.0725 covers the rest, except DWI cases. The court issues it after notice to the State, a chance to be heard, and a best interest of justice finding. Section 411.0725(e) sets the wait: on discharge for most misdemeanors, the second anniversary for those under Chapters 20 to 25, 42, 43, or 46, and the fifth for a felony.
• Bars. Gov't Code 411.074 requires a clean record through supervision and any wait, and bars an order where the offense requires sex offender registration under Chapter 62, or is murder, aggravated kidnapping, trafficking, injury to a child, stalking, or family violence.

A nondisclosure order stops criminal justice agencies from disclosing the offense to the public. The record is restricted, not erased. See expunction versus nondisclosure and supervision in Dallas County. If you face a motion to revoke, call (214) 526-0555.

Common questions

This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed criminal defense attorney about your specific facts. Request a free, confidential case review.