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Probation And Community Supervision

Summaries

KP-0064
Ken Paxton

A court would likely conclude that under Family Code subsection 65.251(b), a truancy court may refer a child to the juvenile probation department for either failure to obey a truancy order or direct contempt; however, such a referral requires two prior instances of contemptuous conduct regardless of form -- either failure to obey a truancy order or direct contempt.|A court would likely conclude that the prosecutor of a juvenile maintains discretion under Family Code subsection 65.252(d) to prosecute a child for delinquent conduct as set forth in Family Code subsection 51.03(a)(2)(C) even on a child's initial referral to juvenile court.

KP-0121
Ken Paxton

Gifts and grants authorized by Government Code section 45.125|Hot-check fund established under Code of Criminal Procedure article 102.007; unauthorized comingling of funds of different character|Pretrial intervention programs; required payments; fees authorized by Code of Criminal procedure article 102.0121

GA-0095
Greg Abbott

Community supervision, court may not require defendant accused of a drug-related crime who is placed on to pay a fee, part of which will go to the prosecutor's office|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 office

GA-0114
Greg Abbott

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 Code|Pretrial diversion|Pretrial intervention

GA-0234
Greg Abbott

Requirements additional to those set forth in statute, an administrative agency may not impose|Retirement benefits for employees of community supervision and corrections department employees, Employees Retirement System may not establish requirements for receiving that are inconsistent with the requirements set by the county benefit system from whi|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-0396
Greg Abbott

Deferred adjudication community supervision, article 42.12, section 5(h) of 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 of|Deferred adjudication community supervision, article 42.12, section 5(h) of the 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 of|Dismiss proceedings against defendant and discharge him pursuant to article 42.12, section 5(c) of Code of Criminal Procedure, a court dismisses the charging instrument and terminates the underlying criminal action for which community supervision was granted when court acts to|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 of

GA-0413
Greg Abbott

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 guilt|Community supervision ends automatically at expiration of community supervision period|Probation defendant is not subject to conditions of community supervision, including the payment of fines, fees, and court costs, as of the date the period of community supervision expires|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 guilt

GA-0593
Greg Abbott

Probation, authority to modify conditions of probation to require payment in lieu of community service|Monetary payment in lieu of community service to be used for community supervision and correction department purposes

GA-0691
Greg Abbott

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 determine|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 determine

GA-0728
Greg Abbott

Community supervision and corrections department, statutory county court judge with only misdemeanor jurisdiction is among the group of judges described in section 76.002(a), Government Code|Government Code section 76.002(a), “statutory county court judges trying criminal cases� includes a statutory county court judge with only misdemeanor jurisdiction under|Criminal\r\n|Case

GA-0745
Greg Abbott

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 defer|Special expense imposed under article 45.051, Code of Criminal Procedure, is not a fine under section 12.107, Parks and Wildlife Code, to be remitted to the to the Parks and Wildlife Department|Parks and Wildlife Department, special expense imposed under article 45.051 of Code of Criminal Procedure is not a fine under section 12.107 of Parks and Wildlife Code to be remitted to the

GA-0991
Greg Abbott

District judge does not have authority to order director of community supervisions and corrections department who does not supervise defendants placed on community supervision to personally conduct a presentence investigation report|District judge is not authorized to require a particular supervision officer in a community supervision department to prepare a presentence investigation report|District judge does not have authority to order 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|Presentence investigation report. A district judge is not authorized to require a particular supervision officer in a community supervision department to prepare a|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 a|Presentence investigation report. A district judge does not have authority to order a director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered|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 order

GA-1069
Greg Abbott

County Juvenile Board authority to adopt policy including a personnel manual for a county juvenile probation department

GA-1077
Greg Abbott

Penal Code section 21.11, indecency with a child by contact|Sex offender registration requirements, Code of Criminal Procedure chapter 62|\\"Reportable conviction or adjudication\\" under Code of Criminal Procedure chapter 62 includes a deferred adjudication regardless of whether it was terminated early, completed, or revoked|Code of Criminal Procedure article 42.12 section 5(c) authorizing early termination of deferred adjudication community supervision|Deferred adjudication community supervision|Code of Criminal Procedure article 42.12 section 5(c) concerning the dismissal of proceedings and discharging of defendant

GA-1085
Greg Abbott

Human Resources Code section 142.002 authorizes the Dallas County Juvenile Board to hire an in-house counsel with the advice and consent of the commissioners court if the Board determines that the position is \\"necessary to provide juvenile probation services.\\"|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 services|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.\\"|Juvenile board has the authority to hire an in-house attorney for the provision of general legal services if the Board determines that the position is necessary in order to provide juvenile probation services.

DM-0179
Dan Morales

Substance abuse facility, judge may not apply time in toward sentence if probation revoked|Probation revocation, judge may not apply time in substance abuse facility toward sentence|Revocation of probation, judge may not apply time in substance abuse facility toward sentence

DM-0210
Dan Morales

Law-enforcement officer, applicant convicted of a felony may not be licensed to be unless subsequently found innocent (Affirmed by Tex. Att'y Gen. LO-93-053)|Convicted|Felony, Commission may not license applicant convicted of a felony unless applicant has been subsequently found innocent of the crime (Affirmed by Tex. Att'y Gen. LO-93-053)|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-0245
Dan Morales

Interpreters in criminal cases, judge may not assess fees for costs or require payment of as condition of probation|Interpreter, judge may not assess fee on criminal defendants for cost of|Interpreter in criminal case, judge may not require fee for payment of as condition of probation

DM-0349
Dan Morales

Pardon, person who has completed deferred adjudication community supervision and who has been discharged after dismissal of charges may not receive|Governor may not pardon person who has completed deferred adjudication community supervision and who has been discharged after dismissal of charges|Deferred adjudication community supervision, person who has completed and whose charges have been dismissed is ineligible for pardon

DM-0393
Dan Morales

Nunc pro tunc, inherent power of court to enter order|Pardon, eligibility for when judge sets aside conviction and dismisses charges against person on "regular" or "shock" community supervision

DM-0407
Dan Morales

Fees, costs, and fines received from convicted defendant placed on community supervision, trial judge's authority to allocate|Community supervision, trial judge's authority to allocate money convicted defendant must pay as fees, costs, and fines|Fees, costs, and fines received from convicted defendant placed on community supervision, clerk must allocate as trial judge orders

DM-0437
Dan Morales

Probation condition that restricts right to free expression or privacy, constitutionality|Probation condition, authority of district court to order convicted sex offender to post warning sign|Probation condition that restricts right to free expression or privacy, validity|Condition of probation, authority of district court to order convicted sex offender to post warning sign

DM-0460
Dan Morales

County juvenile probation department, authority to contract and expend funds without commissioners court's approval|Juvenile probation department contracts and expenditures, authority to approve|Liability under juvenile probation department contracts

DM-0461
Dan Morales

Juvenile convicted of perjury in criminal proceeding, authority of community supervision and corrections department to supervise|Perjury, community supervision of sixteen-year-old defendant convicted of

JC-0041
John Cornyn

Peace officer may not simultaneously serve as juvenile probation officer|Juvenile probation officer, peace officer may not simultaneously serve as

JC-0085
John Cornyn

Juvenile board, commissioners court has no general supervisory authority over|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\r\n\r\n|Programs under jurisdiction of juvenile board, commissioners court has no power to approve and supervise claims of|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\r\n|Juvenile board budget, amendment of requires formal board action\r\n|Expenses

JC-0130
John Cornyn

Child-care license, may be denied or revoked based on community supervision|Child-care facility, Department may rescind license to operate of person convicted of criminal offense|Conviction may be basis for denial or revocation of child-care facility license

JC-0173
John Cornyn

Fine assessed against defendant in criminal case, disposition of increase imposed by modification of community supervision terms|Plea bargain, effect on plea bargain when fine imposed is increased pursuant to modification of community supervision terms|Fine, disposition of increase imposed by modification of defendant's community supervision terms|Money received from increase in defendant's fine pursuant to modification of community service terms, disposition of

JC-0209
John Cornyn

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 app|County juvenile board, commissioners court lacks authority to review and approve contract for private counsel or vouchers to pay attorney's fees for

JC-0254
John Cornyn

Community supervision and corrections department employees are not county employees and may not be included in expanded county civil service system|Community supervision and corrections department employees, county may not include in its expanded civil service system|Civil service system, county may not include community supervision and corrections department employees in its

JC-0269
John Cornyn

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 process

JC-0314
John Cornyn

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))|Community supervision and corrections department, district judges have nondelegable authority to finally approve appointment of all personnel (Overrules Tex. Att'y Gen. Op. No. DM-208 (1993))

JC-0452
John Cornyn

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 incl

JM-1185
Jim Mattox

Community justice council established by district judges is not a "special district" or other entity subject to Act|Community justice council established by district judges is not an entity subject to Open Meetings Act