DEFENDANT CAN BE SENTENCED TO PRISON OR A STATE JAIL FOR A FELONY

OFFENSE BUT NOT FOR A MISDEMEANOR. IF MISDEMEANOR PROBATION IS

REVOKED, THE DEFENDANT MAY BE SENTENCED TO SERVE TIME IN THE COUNTY JAIL.

CONDITIONS OF PROBATION:
Common conditions of probation include the following items. REFER TO YOUR COPY OF THE
CONDITIONS FOR SPECIFIC ORDERS IN YOUR CASE.

COMMIT NO OFFENSE AGAINST THE LAWS OF THIS STATE, OR ANY OTHER STATE, OR
OF THE UNITED STATES. This means any violation of the law. Notify your Probation Officer
upon being arrested or ticketed. The Probation Officer is notified by the Department of Public
Safety of any arrest, so it is best to let your Officer know right away.

AVOID INJURIOUS OR VICIOUS HABITS; ABSTAIN FROM THE USE OF ALCOHOLIC

BEVERAGES AND NARCOTIC OR HABIT FORMING DRUGS, MARIJUANA AND
CONTROLLED SUBSTANCES. While on probation, absolutely no drinking of alcoholic
beverages. Usage of narcotic or habit-forming drugs without a physician’s permission is not
allowed. NO EXCEPTIONS.

AVOID PERSONS OR PLACES OF DISREPUTABLE OR HARMFUL CHARACTER:

(INCLUDING PLACES WHERE NARCOTIC DRUGS, MARIJUANA AND CONTROLLED
SUBSTANCES ARE PRESENT, SOLD OR USED; AND WHERE ALCOHOLIC BEVERAGES
ARE SOLD), AND DO NOT ASSOCIATE WITH PERSONS WHO HAVE A CRIMINAL
RECORD. Do not be in the company of anyone convicted of a felony, co-defendants in your
case, or anyone who can get you in trouble. Stay away from people who use drugs or alcohol,
and places where they are sold, served, or used. Stay out of bars and “beer-joints”, etc. It is
permissible to go to restaurants and stores that have alcohol as long as you do not drink.

REPORT TO THE PROBATION OFFICER WEEKLY OR AS OTHERWISE DIRECTED. This is a

maximum reporting schedule. When you are first placed on probation, your Officer may have
you report this often. If you live or work outside of this County, you are required to report as
directed by the supervising Probation Office in the county where your case is transferred, and
send written reports to this office as instructed.

PERMIT THE PROBATION OFFICER TO VISIT YOU AT YOUR HOME OR ELSEWHERE. The
Probation Officer may visit you at your home or job. These visits generally will be unannounced.
The purpose of these visits is to assist the Probation Officer in knowing you better, to converse
with you in your own surroundings, and to talk with your family regarding any progress or
problems.

OBTAIN AND KEEP GAINFUL EMPLOYMENT IN A LAWFUL OCCUPATION. If you are

physically able, you must work, unless you are retired, fulltime student, or fully supported by
another willing individual such as a spouse. If you cannot find a job, your Probation Officer can
tell you the best places to look for jobs, job training, etc. Occasionally the Courts or the
Probation Officer will not allow a probationer to work in a particular occupation or location, or
may require that the probationer advise the employer of the fact that he/she is on probation.
This occurs primarily when a probationer is in a position to commit an offense similar to the one
for which he/she is on probation.

DO NOT CHANGE YOUR PLACE OF RESIDENCE AND REPORT ANY CHANGES IN

EMPLOYMENT OR MARITAL STATUS TO YOUR OFFICER WITHIN FIVE DAYS. Before
changing jobs or moving, you must secure permission from your Probation Officer.

REMAIN WITHIN THE COUNTY UNLESS GIVEN WRITTEN PERMISSION TO DEPART BY

THE PROBATION OFFICER. Unless otherwise directed, you will be permitted limited travel in
your county of residence and surrounding counties. If you are to be out of this county for more
than 24 hours, you must secure a travel permit and permission from your Probation Officer. If
you plan to travel out of this designated area for any period of time, but within Texas you must
obtain permission from your Probation Officer. If you wish to leave Texas you must obtain an
Out-of-State travel permit from your Probation Officer. All travel outside the United States
requires the approval of your sentencing Judge. If you leave Texas without written permission,
you will be considered a fugitive. The Probation Officer or the Judge may limit your travel, as
they deem appropriate.

SUPPORT YOUR DEPENDENTS. This includes the payment of Court ordered child support and
normal support of your family dependents.

PAY YOUR FINE IF ONE WERE ASSESSED, AND THE COSTS OF COURT, IN ONE OR
SEVERAL SUMS, AND MAKE RESTITUTION OR REPARATION IN ANY SUM THE COURT
SHALL DETERMINE. Payments must be made as noted in the Conditions of Probation, by the
tenth (10 th) day of each month by money order. If you are unable to pay, you must contact
your Probation Officer to explain why payment cannot be made. You must report as directed by
your Probation Officer even if you cannot make your payment.

PAY A MONTHLY PROBATION SUPERVISION FEE TO THE ADULT PROBATION

DEPARTMENT BY THE TENTH (10th) DAY OF EACH MONTH FOLLOWING THIS ORDER.
Every person placed on probation is required to pay a monthly probation supervision fee for
every month he is on probation, in cashier’s check or money order only, to the probation office
in the county where his probation was granted.

SUBMIT TO TESTING FOR ALCOHOL OR DRUGS AND PAY REQUIRED FEES. These
samples may be taken at any time and as often as once a day by your supervising probation
Officer. Submission of doctored (or adulterated) samples will be dealt with by possible
additional charges and the Courts through revocation.

PERFORM A SPECIFIED NUMBER OF HOURS OF COMMUNITY SERVICE RESTITUTION

UNDER THE DIRECTION AND SUPERVISION OF THE PROBATION OFFICER. This is work
for which you will not be paid but will be done for the community’s benefit. Your Probation
Officer will make arrangements for referral to a court-approved agency. If you were ordered to
perform more than the minimum hours allowed by law for the degree of your offense and you
perform 32 hours or more per month you may be eligible for an additional 8 hours of extra
credit. Extra credit towards CSR may also be granted for obtaining a GED or high school
diploma.

PROVIDE VERIFICATION OF EMPLOYMENT AND INCOME. You are required to provide

copies of paycheck stubs, W-2 forms, Federal Income Tax returns and similar documents.

REPORTING REQUIREMENTS FOR DEPORTED PROBATIONER. If deported, do not return

to the United States illegally. Report by mail every month and provide verification of income. If
you return to the United States, you must report to the Community Supervision and Corrections
Department within 10 days of re-entry.

THERE ARE MANY CONDITIONS WHICH MAY BE ADDED TO YOUR PROBATION SUCH
AS ALCOHOL OR DRUG EDUCATION, PARTICIPATION IN ALCOHOLICS AND/OR
NARCOTICS ANONYMOUS MEETINGS, MENTAL HEALTH COUNSELING, IN OR OUT
PATIENT DRUG OR ALCOHOL TREATMENT, ETC. YOU ARE RESPONSIBLE FOR
COMPLETING THESE PROGRAMS OR SPECIAL CONDITIONS AND FOR THE FINANCIAL
COST OF MOST. IF YOU HAVE ANY QUESTIONS, CHECK WITH YOUR PROBATION
OFFICER.

COMMUNITY SUPERVISION PROGRAMS & SERVICES

Please know that you have access to a broad range of programs and services available to you
through your community supervision officer (CSO) which are provided through our in-house
programs division including the following: anger management, budgeting, critical thinking skills
development, drug education, DWI Education, supportive out-patient treatment, individual
therapy, individual substance abuse counseling, crisis counseling, life management skills
development including goal setting, values examination, communication skills, stress
management, and problem solving, special needs support group, aftercare, relapse prevention,
women’s support groups, long term therapy groups, victim impact panels, bridge groups to
A.A./N.A., parenting, and domestic violence prevention with partner counseling group with child
care. Through agency contracts and special regional initiatives, you have access through your
CSO to intensive out-patient treatment, residential chemical dependency treatment, and
psychological evaluation.

REVOCATION OF PROBATION

FELONY and MISDEMEANOR: If one or more conditions of probation are violated, a Motion to
Revoke or Adjudicate Probation can be filed by the District Attorney’s Office and a warrant for
arrest issued. Upon arrest, a probationer is usually held in the County jail, sometimes without
bond, until the time of the trial. If a probationer’s whereabouts are unknown, the warrant
information will be placed in the Texas and National Crime Information Computers, and when a
probationer is checked by any police officer in the country, this information will be conveyed to
them, leading to an arrest. There is no “statue of limitations” regarding the age of the pending
motion. At the time of trial, a probationer is not entitled to a jury trial, and the burden of proof
is lowered to a preponderance of evidence. If the Judge revokes the probation and the
defendant is sentenced to a period of confinement, no credit is given for any time served on
probation although credit may be given for successful completion of residential treatment.

EARLY TERMINATION
The law in Texas allows for the Court to consider a defendant for early release from probation
after they have satisfactorily completed one-third of the original probationary period or two
years of probation. Persons placed on standard probation (adjudicated) after September 1,
2007 for three years or more are considered for an early termination after having completed
one half or a minimum of two years. There are exceptions in the law prohibiting early
termination as noted below in bold text. Early Termination is not probable if any violations of
probation have occurred during the supervision. All fines, court costs, restitution, etc. must be
paid-in-full and probation supervision fees must be up-to-date for the Court to consider an early
discharge. If you do not qualify for an Administrative consideration for early termination you
have the right to hire an attorney to petition the Court on your behalf.

Individuals convicted of Intoxication Offenses under sections 49.04-49.08 Penal

Code, Sex Offenses requiring registration under Chapter 62 and defendants convicted
of a felony described by Section 3g CCP are not eligible for Early Termination by law.

LEGAL WARNINGS
UNLAWFUL POSSESSION OF A FIREARM BY FELON (P.C. 46.04): A person convicted of a
felony commits a third degree felony offense and is subject to incarceration in the penitentiary
if he is found in the possession of a firearm prior to five years after their date of discharge from
probation. A person may apply for a release from the Federal Bureau of Alcohol, Tobacco and
Firearms and if granted they may five years after their release from probation only possess one
in their home. Additionally, a person who has been convicted of Assault Family Violence
Misdemeanor or Felony may not possess a firearm for five years after their date of discharge.

UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY (P.C. 38.113):

A person required as a condition of supervision (probation) to submit to a period of detention or
treatment in a community corrections facility and fails to report or leaves without approval
commits an offense and is subject to incarceration in a state jail facility.

CIVIL RIGHTS AND THE FEDERAL FIREARMS CONTROL ACT

THE RIGHT TO VOTE

1. Misdemeanor Supervision - A person on misdemeanor supervision is not affected and

may vote.
2. Deferred Felony Supervision - A person on this type of supervision is not affected and
may vote.
3. Regular or Shock Felony Supervision - A person on either of these may not vote until
s/he is discharged from a sentence, including any term of incarceration, parole supervision
or a period community supervision ordered by any court. Once a person has completed
the term of community supervision, s/he can immediately register and be eligible to vote in
an election.

THE RIGHT TO HOLD PUBLIC OFFICE

1. Misdemeanor Supervision - A person on misdemeanor supervision may hold public office.

2. Deferred Felony Supervision - A person on this type of supervision may hold public office.
3. Regular or Shock Felony Supervision - A person on either one of these types of
supervision may not hold public office until discharged with rights restored. If rights are
not restored, the defendant may not hold public office.

Exception: A person who is on Felony D.W.I., Involuntary Manslaughter, or Intoxication

Manslaughter supervision, who was placed on regular supervision for a state jail felony offense
before September 1, 2007, who is on regular community supervision for a sexual offense listed
in Chapter 62 of the Code of Criminal Procedure or who is placed on regular community
supervision for a 3g offense on or after September 1, 2007 may not hold public office, even
after discharge from community supervision.

Note: This exception no longer applies to a person placed on regular community supervision for
a state jail felony offense on or after September 1, 2007 who has had his/her rights restored
upon discharge from community supervision. If rights are not restored, the defendant may not
hold public office.

RIGHT TO SERVE ON A JURY

1. Misdemeanor Supervision - A person on misdemeanor supervision may serve on a jury.

Exceptions: For a criminal trial, a person who is on supervision for misdemeanor theft
(including a deferred adjudication) cannot serve until discharged with rights restored. If rights
are not restored, the defendant may not serve on a jury. For a civil trial, a person who is on
deferred adjudication for a misdemeanor theft cannot serve. Moreover, a person who has a
conviction for misdemeanor theft cannot serve on a jury unless the person has had his/her
rights restored upon discharge from community supervision. If rights are not restored, the
defendant may not serve on a jury.

2. Felony Supervision - A person on any type of felony supervision (including deferred

adjudication community supervision) may not serve on either a criminal or civil jury until
s/he is discharged and the court sets aside the accusation and dismisses the
charges against the offender.

Exception: A person who is on Felony D.W.I., Involuntary Manslaughter, or Intoxication

Manslaughter supervision, who was placed on regular supervision for a state jail felony offense
before September 1, 2007, who is on regular community supervision for a sexual offense listed
in Chapter 62 of the Code of Criminal Procedure or who is placed on regular community
supervision for a 3g offense on or after September 1, 2007 may never serve on a jury.
Note: This exception no longer applies to a person placed on regular community supervision for
a state jail felony offense on or after September 1, 2007 who has had his/her rights restored
upon discharge from community supervision. If rights are not restored, the defendant may not
serve on a jury.

RIGHT TO KEEP AND BEAR ARMS

1. Misdemeanor Supervision - A person on misdemeanor supervision is not affected,

except that persons placed on regular community supervision for a domestic violence offense
may not possess a firearm.

For one who has been convicted of a misdemeanor crime of domestic violence, the prohibition
on the possession of firearms and ammunition does not apply if that individual has received a
pardon for the crime, the conviction has been expunged or set aside, or the person has had
his/her civil rights restored and the person is not otherwise prohibited from possessing a
firearm or ammunition.

2. Deferred Felony Supervision - A person on this type of supervision may possess a

firearm and ammunition and can go hunting, but s/he cannot buy additional firearms or
ammunitions nor carry them across state lines.

3. Regular or Shock Felony Supervision - A person on either of these types of supervision

may not possess, ship, transport, or receive a firearm or ammunition. Even if an offender is
discharged from community supervision and the court sets aside the verdict and dismisses the
accusation against the individual, s/ he may still be barred from possessing a firearm,
depending on the position taken by each local office of the Federal Bureau of Alcohol, Firearms,
and Tobacco.

In such a situation, it would be necessary to obtain a release from the Bureau of Alcohol,
Tobacco, and Firearms of the Department of the Treasury. To request information on a release,
you may write to the Assistant Director, Criminal Enforcement Division, Bureau of Alcohol,
Tobacco, and Firearms, P. O. Box 784, Ben Franklin Station, Washington, D.C. 20044.

Even if a defendant obtains a release from the Federal Bureau of Alcohol, Tobacco, and
Firearms, State law still prohibits a felon from possessing a firearm before the fifth anniversary
of the individual’s release from community supervision, and even thereafter, the felon can only
possess a firearm on the premises at which s/he lives. This provision will apply to a felon
discharged from community supervision whose conviction was not set aside by the court in
accordance with Article 42.12, Section 20, Code of Criminal Procedure. See Cuellar v. State, 70
S. W. 3d 815 (Tex. Cr. App. – 2002).

Exceptions: A person who is on Felony D.W.I., Involuntary Manslaughter, or Intoxication

Manslaughter supervision, who was placed on regular community supervision for a state jail
felony offense before September 1, 2007, who is on regular community supervision for a sexual
offense listed in Chapter 62 of the Code of Criminal Procedure or who is placed on regular
community supervision for a 3g offense on or after September 1, 2007 may not possess, ship,
transport or receive a firearm or ammunition unless a full pardon is obtained from the Governor
or a release is obtained from the Bureau of Alcohol, Tobacco, and Firearms.