THE ATTORNEY GENERAL OF TEXAS
Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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PROBATION AND COMMUNITY SUPERVISION
A director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered presentence investigation report. A district judge does not have authority to orderGA-0991
Adjudication of a charge of violating the Parks and Wildlife Code and impose a special expense without assessing a fine, justice of the peace may deferGA-0745
Child-care license, may be denied or revoked based on community supervisionJC-0130
Civil service system, county may not include community supervision and corrections department employees in itsJC-0254
Code of Criminal Procedure article 42.12 section 5(c) concerning the dismissal of proceedings and discharging of defendantGA-1077
Community justice council established by district judges is not an entity subject to Open Meetings ActJM-1185
Community supervision and corrections department, judge of a county court established under article V, section 15 of the Texas Constitution is not a judge of a statutory county court for purposes of title 2 of the Government Code and therefore is not inclJC-0452
Community supervision and corrections departments, neither article 42.131 of Code of Criminal Procedure nor chapter 104 of Civil Practice and Remedies Code provide for legal representation or indemnification by attorney general ofLO93-003
Community supervision ends automatically at expiration of community supervision periodGA-0413
Community supervision officer, person employed as unpaid peace officer may not serve asLO96-033
Completion of probationary term, in and of itself, does not prove defendant's innocenceLO93-053
Condition of probation, authority of district court to order convicted sex offender to post warning signDM-0437
Conditions of community supervision, including conditions about where the probationer may live and travel, under article 42.12 of the Code of Criminal Procedure the Legislature has authorized judges to determineGA-0691
County community supervision and corrections department not required to establish exit incentive program equal to county programLO97-090
County Juvenile Board authority to adopt policy including a personnel manual for a county juvenile probation departmentGA-1069
County juvenile board is authorized to retain counsel to represent it in action filed against it by commissioners court and to pay attorney's fees from funds in juvenile probation department account in the county treasury without commissioners court's appJC-0209
County juvenile probation department, authority to contract and expend funds without commissioners court's approvalDM-0460
Deferred adjudication community supervisionGA-1077
Deferred adjudication community supervision, article 42.12, section 5(h), Code of Criminal Procedure, does not authorize the state to pursue a defendant for past due fines and costs with a capias pro fine, where no motion to adjudicate was filed prior to the expiration ofGA-0396
Deferred prosecution probation of juvenile may not be revoked when offense committed after expiration of probationary periodLO98-069
Employees of community supervision and corrections departments, article 42.131 of Code of Criminal Procedure extends legal representation by attorney general toLO93-003
Employees, district judges have nondelegable authority to finally approve appointment of community supervision and corrections department personnel (Overrules Tex. Att'y Gen. Op. No. DM-208 (1993))JC-0314
Fee, a court may not require a defendant accused of a drug-related crime who is placed on community supervision to pay, where part of fee will go to prosecutor's officeGA-0095
Fees, costs, and fines received from convicted defendant placed on community supervision, trial judge's authority to allocateDM-0407
Government Code section 76.002(a), “statutory county court judges trying criminal cases” includes a statutory county court judge with only misdemeanor jurisdiction underGA-0728
Group benefits, an employee of a community supervision and corrections department employees is eligible for retirement benefits when he or she satisfies the eligibility standards set by the county benefit system from which the employee currently receives GA-0234
Interpreter in criminal case, judge may not require fee for payment of as condition of probationDM-0245
Jurisdiction over probation defendant, court is divested of once term of community supervision has expired, unless prior to expiration the processes of the court have been set in motion for revocation of probation or determination of guiltGA-0413
Juvenile board budget, amendment of requires formal board action JC-0085
Juvenile board, commissioners court has no general supervisory authority overJC-0085
Juvenile convicted of perjury in criminal proceeding, authority of community supervision and corrections department to superviseDM-0461
Juvenile probation department, commissioners court's budgeting authority over limited to setting dollar amount of county funds it will expend on, and reviewing that portion of department's budget on abuse of discretion standard JC-0085
Juvenile probation officer, peace officer, including constable, barred from serving asLO96-091
Law-enforcement officer, applicant convicted of a felony may not be licensed to be unless subsequently found innocent, even if applicant has completed terms of probation or community supervision (Affirmed by Tex. Att'y Gen. LO-93-053)DM-0210
Monetary payment in lieu of community service to be used for community supervision and correction department purposesGA-0593
Money received from increase in defendant's fine pursuant to modification of community service terms, disposition ofJC-0173
Pardon, eligibility for when judge sets aside conviction and dismisses charges against person on "regular" or "shock" community supervisionDM-0393
Pardon, person who has completed deferred adjudication community supervision and who has been discharged after dismissal of charges may not receiveDM-0349
Peace officer may not simultaneously serve as juvenile probation officerJC-0041
Policy requiring certain probationers to conform to dress and hair code, constitutional if designed primarily for rehabilitation and protection of public, and is reasonably related to such endsLO93-095
Presentence investigation report. A district judge does not have authority to order the director of a community supervisions and corrections department who does not supervise defendants placed on community supervision to personally conduct aGA-0991
Presentence investigation report. A district judge is not authorized to require a particular supervision officer in a community supervision department to prepare aGA-0991
Pretrial intervention, community supervision and corrections department's authority to assess participant in a pretrial intervention program fees under both article 102.012 of the Code of Criminal Procedure and section 76.015(c) of the Government CodeGA-0114
Probation condition that restricts right to free expression or privacy, constitutionalityDM-0437
Programs under jurisdiction of juvenile board, commissioners court has no power to approve and supervise claims ofJC-0085
Register as sex offender, a juvenile probation officer may not require juvenile transferred to Texas for probation supervision pursuant to Uniform Interstate Compact on Juveniles toLO98-125
Revocation of probation, judge may not apply time in substance abuse facility toward sentenceDM-0179
State aid to community supervision and corrections facility, use of to provide services and programs to persons convicted of noncriminal offenseLO98-008
Storage and disposal fees for controlled substances paid as condition of community supervision are not analogous to "hot check" fund, and are to be deposited in county depository and budgeted according to ordinary county budgeting processJC-0269
Substance abuse facility, judge may not apply time in toward sentence if probation revokedDM-0179
Violation of community supervision, court having geographical jurisdiction where defendant resides or where violation occurs may issue warrant and set bail for defendantLO98-021
JUVENILE
Human Resources Code section 201.001 provides that a juvenile board is "a body established by law to provide juvenile probation services to a county."GA-1085
Human Resources Code section 201.001 provides that a juvenile board is "a body established by law to provide juvenile probation services to a county."GA-1085
Juvenile Board has authority to hire an in-house attorney for the provision of general legal services if the Board determines that the position in necessary in order to provide juvenile probation servicesGA-1085