Probation violations, Motions to Revoke Probation, and Motions to Adjudicate
Anyone who is placed on community supervision will be required to follow these standard conditions of probation, in addition to any other sanctions or requirements:
(1) Commit no offense against the laws of this State or of any other State or of the United States
(2) Avoid injurious or vicious habits;
(3) Avoid persons or places of disreputable or harmful character;
(4) Report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department;
(5) Permit the supervision officer to visit the defendant at the defendant's home or elsewhere;
(6) Work faithfully at suitable employment as far as possible;
(7) Remain within a specified place;
(8) Pay the defendant's fine, if one be assessed, and all court costs whether a fine be assessed or not, in one or several sums;
(9) Support the defendant's dependents;
(10) Participate, for a time specified by the judge in any community-based program, including a community-service work program under Section 16 of this article;
(11) Reimburse the county in which the prosecution was instituted for compensation paid to appointed counsel for defending the defendant in the case, if counsel was appointed, or if the defendant was represented by a county-paid public defender, in an amount that would have been paid to an appointed attorney had the county not had a public defender;
(12) Remain under custodial supervision in a community corrections facility, obey all rules and regulations of such facility, and pay a percentage of the defendant's income to the facility for room and board;
(13) Pay a percentage of the defendant's income to the defendant's dependents for their support while under custodial supervision in a community corrections facility;
(14) Submit to testing for alcohol or controlled substances;
(15) Attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse;
(16) With the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation;
(17) Submit to electronic monitoring;
(18) Reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56.32, of the defendant's offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;
(19) Reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;
(20) Pay all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense;
(21) Make one payment in an amount not to exceed $50 to a crime stoppers organization as defined by Section 414.001, Government Code, and as certified by the Crime Stoppers Advisory Council;
(22) Submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant;
(23) In any manner required by the judge, provide public notice of the offense for which the defendant was placed on community supervision in the county in which the offense was committed; and
(24) Reimburse the county in which the prosecution was instituted for compensation paid to any interpreter in the case.
The following are different classes/programs that a Judge may order as a condition of probation:
Electronic Monitoring (ELM)
Provides the Judge with a restrictive, non-custodial sanction ensuring public safety and the social control of probationers. This is similar to "house arrest" in that the Judge or probation officer can restrict where and when you are allowed to leave your home for work or school.
The Mentally Impaired Offender Facility (MIOF)
Is a restrictive correctional facility, which provides probationers with needed services, intense supervision, and a highly structured environment, which focuses on behavior modification, medical stabilization and pro-social lifestyles. Their mission is to divert those probationers that have been classified as mentally impaired from the overcrowded prison system, providing a significant restrictive environment with supervision to promote community safety and increased responsibility of the probationer.
The Mental Impairment Caseload program (MIC)
Is designed to provide supervision to high risk/high needs mentally ill probationers through intensive monitoring and collaboration with mental health providers to enhance compliance with probation conditions.
The Surveillance of Adult Felons in their Environment (SAFE)
This is a unit of the probation department that was created to address the specific needs of the sexual offender caseload.
Substance Abuse Felony Punishment Facility (SAFPF)
Provides intensive, long term, substance abuse treatment in a modified therapeutic community for felony probationers.
Treatment Alternative to Incarceration Program (TAIP)
Provides substance abuse screening, assessment, referral, and treatment services to the criminal justice population of Bexar County.
Young Offender Program (YOP)
Identifies and screens individuals in the community service supervision and corrections system in ages ranging from 17-29 for both felony and misdemeanor probations.
Zero Tolerance Facility (ZTF)
Serves both felony and misdemeanor probationers and is targeted toward young males between 17-25 years of age who have violated technical portions of their probation.
Victim Services Program
Provides assistance to victims of criminal cases when probationers are referred to the program.
Anger Intervention
Offenders who assault and clients who have difficulty controlling their behavior when angry attend and pay a fee for this program. This six-hour program addresses the changing role of men in the abuse cycle, the influence of drugs on assaultive behavior, relaxation and stress reduction and elements of Albert Ellis' Rational Emotive Therapy to deal with cognitive issues leading to abuse.
Commitment to Change
Targeted to clients in need of long-term cognitive restructuring information, this 24-30 hour program addresses problem-solving skills and underlying cognitive issues that need to be restructured in clients at higher risk. There is a fee for this program.
Intensive Outpatient Treatment and Day Treatment Program
The Day Treatment Program was created as an initiative in 2003 to offer the Criminal Courts alternative to incarceration. In 2006, an Intensive Outpatient Program was initiated through Division Program funds provided by the Texas Department of Criminal Justice-Community Justice Assistance Division as an additional alternative to incarceration.
The Program Design for the Day Treatment Program includes 120 hours of education and counseling over the course of a six week period. The Intensive Outpatient Program Design includes 60 hours of Education over a six week period. The curriculum of the Programs include:
· Chemical dependency education and counseling;
· Cognitive-behavioral programming;
· Relapse prevention;
· Orientation to Mutual Support Groups including 12-step self-help support groups;
· Tobacco education;
· Education related to HIV, Hepatitis, Tuberculosis, and Sexually Transmitted Infections;
· Awareness of values, attitude and behavior;
· Lifestyle issues pertaining to nutrition, exercise, and leisure time;
· Parenting;
· Co-dependency in relationship issues;
· Communication skills and conflict resolution;
· Emotional health;
· Life management skills; and
· Crisis intervention.
Discovery Group
This program is for clients with strong indicators of alcohol abuse and serves as a bridge to exposure to Mutual Support Groups including 12-step support groups such as Alcoholics Anonymous. In this six-hour program, the facilitator addresses chemical—dependency as a disease. The goal is to get the probationer to recognize the effects of alcoholism and to orient the client to a Mutual Support Group community.
Domestic Violence Prevention
Offenders with domestic violence issues are enrolled in this program which costs $150 for locally supervised clients or $300 for others. A 24-session program modeled after the Duluth Model, which focuses on the eight tactics of power and control in abusive relationships addresses factors leading to family violence: the abuse cycle, the influence of drugs/alcohol in assaultive situations, stress reduction, relaxation and creative ways to express emotions without violence.
Drug Offender Education
This program targets offenders who are being supervised for a drug-related offense and other probationers who have drug-related symptoms. There is a fee for this program. Certified by the Department of State Health Services – Offender Education Program - Professional Licensing and Certification Unit, this program is designed to educate clients on the dangers of drug use/abuse and associated illegal activities. The curriculum includes five modules and is 15 hours in length. In addition to the 15 hour curriculum, the course includes a pre-admission session and an exit interview. Topics included in the course:
· Illegal aspects of drug use/abuse
· History of drug abuse
· Effects of specific drugs
· Downward steps to drug dependence
· Costs of drug use/abuse
· AIDS/HIV
· Attitudes, Values and Behavior inventory
· Drug replacements
· Relapse prevention and warning signs
· Personal action plan to remain drug free
DWI-Education
This program targets first time DWI offenders and requires a fee. This course is certified by the Texas Department of State Health Services – Offender Education Program - Professional Licensing and Certification Unit. The curriculum includes four modules and is 12 hours in length. In addition to the four modules, there is a pre-admission session and an exit interview. The course covers the following topics:
· DWI as a social problem, the law and client hostilities toward the criminal justice system
· Physical and psychological effects of alcohol
· Problem drinking and alcoholism
· Decision-making including a plan to prevent future DWI behavior
DWI-Intervention
This program targets repeat DWI offenders and there is a charge for this program. This course is certified by the Texas Department of State Health Services – Offender Education Program - Professional Licensing and Certification Unit. The curriculum is no less than 30 hours and no more than 45 hours in length. In addition to the 15 modules, participants engage in individual sessions twice during the 15 modules, and also participate in an exit interview at the end of the Program. The following topics are covered in depth:
· Costs vs. benefits of using alcohol
· Good eating & physical/leisure time activities
· Emotional issues
· Communication styles and personal goal-setting
· Family roles in the user/abuser
· Use of 12-step support group (AA/NA) with a local resource guide
· Support network
· Relaxation and creative ways to deal with stress effectively
· Warning signs of relapse
· Drink refusal role-plays
· Personal action plan to avoid future problematic behavior.
DWI-Victim Impact Panel
In this free program, DWI offenders listen as a panel of victims who have been personally injured and those who have lost family members as a result of DWI-related accidents tell how the DWI behavior of someone affected their lives.
Life Management Series for Theft Intervention & Life Skills
There is a fee for this program. This program targets clients in need of self-improvement values clarification and behavior control. A budgeting component is included with this program. This nine-hour course is designed to help clients develop a personal plan for a successful future. Homework assignments are a big part of this program.
Male/Female Offender Group
This is a cognitive restructure, long-term (1-2 years) program aimed at confronting criminal thinking patterns to redirect thought processes into pro-social and acceptable ways.
Nature of Marijuana Program
In either two or three sessions consisting of six hours of instruction, this program is an education program for offenders probated for or involved with the use on marijuana. The program looks critically at the illegal actions involved in using marijuana and points out the dangers for people choosing to use this drug in today's world.
Recovery Works
Clients who have completed a supportive outpatient, an intensive outpatient and/or residential treatment program participate in this free support group which is facilitated by counselors employed by this Department to aid those clients who have are involved with a Mutual Support Groups such as Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) but who need encouragement and technical advice to continue with their recovery.
Relapse Prevention Group
After completing a treatment program along with attendance of a significant number of Mutual Support Group meetings such as Alcoholics Anonymous, clients are referred to this program. The focus of this group is awareness and avoidance of "triggers" that may lead to use of drugs or alcohol again, keeping the participant sober, and dealing with the needed changes to maintain the sobriety started in treatment. Upon completion of this Program offenders are referred to the Recovery Works Program listed above.
Sex Offender Groups
These programs are facilitated by Registered Sex Offender Treatment Providers in Texas and deal with cognitive restructuring of the thinking patterns of offenders under supervision for sex offenses defined by state law.
Victim Impact Panel
A panel of victims of various types of crime (from property to crimes of violence) speak to help offenders understand the full effects that criminal behavior has had on their lives. This free program is offered to criminal offenders whose crime involved a victim.
Jail Sanctions
On the granting of probation for any misdemeanor case, the judge can order someone to serve 30 days in county jail as a condition of their probation. For felony probations, the Judge can order up to 180 days in county jail as a condition of probation.
(1) Commit no offense against the laws of this State or of any other State or of the United States
(2) Avoid injurious or vicious habits;
(3) Avoid persons or places of disreputable or harmful character;
(4) Report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department;
(5) Permit the supervision officer to visit the defendant at the defendant's home or elsewhere;
(6) Work faithfully at suitable employment as far as possible;
(7) Remain within a specified place;
(8) Pay the defendant's fine, if one be assessed, and all court costs whether a fine be assessed or not, in one or several sums;
(9) Support the defendant's dependents;
(10) Participate, for a time specified by the judge in any community-based program, including a community-service work program under Section 16 of this article;
(11) Reimburse the county in which the prosecution was instituted for compensation paid to appointed counsel for defending the defendant in the case, if counsel was appointed, or if the defendant was represented by a county-paid public defender, in an amount that would have been paid to an appointed attorney had the county not had a public defender;
(12) Remain under custodial supervision in a community corrections facility, obey all rules and regulations of such facility, and pay a percentage of the defendant's income to the facility for room and board;
(13) Pay a percentage of the defendant's income to the defendant's dependents for their support while under custodial supervision in a community corrections facility;
(14) Submit to testing for alcohol or controlled substances;
(15) Attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse;
(16) With the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation;
(17) Submit to electronic monitoring;
(18) Reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56.32, of the defendant's offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;
(19) Reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;
(20) Pay all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense;
(21) Make one payment in an amount not to exceed $50 to a crime stoppers organization as defined by Section 414.001, Government Code, and as certified by the Crime Stoppers Advisory Council;
(22) Submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant;
(23) In any manner required by the judge, provide public notice of the offense for which the defendant was placed on community supervision in the county in which the offense was committed; and
(24) Reimburse the county in which the prosecution was instituted for compensation paid to any interpreter in the case.
The following are different classes/programs that a Judge may order as a condition of probation:
Electronic Monitoring (ELM)
Provides the Judge with a restrictive, non-custodial sanction ensuring public safety and the social control of probationers. This is similar to "house arrest" in that the Judge or probation officer can restrict where and when you are allowed to leave your home for work or school.
The Mentally Impaired Offender Facility (MIOF)
Is a restrictive correctional facility, which provides probationers with needed services, intense supervision, and a highly structured environment, which focuses on behavior modification, medical stabilization and pro-social lifestyles. Their mission is to divert those probationers that have been classified as mentally impaired from the overcrowded prison system, providing a significant restrictive environment with supervision to promote community safety and increased responsibility of the probationer.
The Mental Impairment Caseload program (MIC)
Is designed to provide supervision to high risk/high needs mentally ill probationers through intensive monitoring and collaboration with mental health providers to enhance compliance with probation conditions.
The Surveillance of Adult Felons in their Environment (SAFE)
This is a unit of the probation department that was created to address the specific needs of the sexual offender caseload.
Substance Abuse Felony Punishment Facility (SAFPF)
Provides intensive, long term, substance abuse treatment in a modified therapeutic community for felony probationers.
Treatment Alternative to Incarceration Program (TAIP)
Provides substance abuse screening, assessment, referral, and treatment services to the criminal justice population of Bexar County.
Young Offender Program (YOP)
Identifies and screens individuals in the community service supervision and corrections system in ages ranging from 17-29 for both felony and misdemeanor probations.
Zero Tolerance Facility (ZTF)
Serves both felony and misdemeanor probationers and is targeted toward young males between 17-25 years of age who have violated technical portions of their probation.
Victim Services Program
Provides assistance to victims of criminal cases when probationers are referred to the program.
Anger Intervention
Offenders who assault and clients who have difficulty controlling their behavior when angry attend and pay a fee for this program. This six-hour program addresses the changing role of men in the abuse cycle, the influence of drugs on assaultive behavior, relaxation and stress reduction and elements of Albert Ellis' Rational Emotive Therapy to deal with cognitive issues leading to abuse.
Commitment to Change
Targeted to clients in need of long-term cognitive restructuring information, this 24-30 hour program addresses problem-solving skills and underlying cognitive issues that need to be restructured in clients at higher risk. There is a fee for this program.
Intensive Outpatient Treatment and Day Treatment Program
The Day Treatment Program was created as an initiative in 2003 to offer the Criminal Courts alternative to incarceration. In 2006, an Intensive Outpatient Program was initiated through Division Program funds provided by the Texas Department of Criminal Justice-Community Justice Assistance Division as an additional alternative to incarceration.
The Program Design for the Day Treatment Program includes 120 hours of education and counseling over the course of a six week period. The Intensive Outpatient Program Design includes 60 hours of Education over a six week period. The curriculum of the Programs include:
· Chemical dependency education and counseling;
· Cognitive-behavioral programming;
· Relapse prevention;
· Orientation to Mutual Support Groups including 12-step self-help support groups;
· Tobacco education;
· Education related to HIV, Hepatitis, Tuberculosis, and Sexually Transmitted Infections;
· Awareness of values, attitude and behavior;
· Lifestyle issues pertaining to nutrition, exercise, and leisure time;
· Parenting;
· Co-dependency in relationship issues;
· Communication skills and conflict resolution;
· Emotional health;
· Life management skills; and
· Crisis intervention.
Discovery Group
This program is for clients with strong indicators of alcohol abuse and serves as a bridge to exposure to Mutual Support Groups including 12-step support groups such as Alcoholics Anonymous. In this six-hour program, the facilitator addresses chemical—dependency as a disease. The goal is to get the probationer to recognize the effects of alcoholism and to orient the client to a Mutual Support Group community.
Domestic Violence Prevention
Offenders with domestic violence issues are enrolled in this program which costs $150 for locally supervised clients or $300 for others. A 24-session program modeled after the Duluth Model, which focuses on the eight tactics of power and control in abusive relationships addresses factors leading to family violence: the abuse cycle, the influence of drugs/alcohol in assaultive situations, stress reduction, relaxation and creative ways to express emotions without violence.
Drug Offender Education
This program targets offenders who are being supervised for a drug-related offense and other probationers who have drug-related symptoms. There is a fee for this program. Certified by the Department of State Health Services – Offender Education Program - Professional Licensing and Certification Unit, this program is designed to educate clients on the dangers of drug use/abuse and associated illegal activities. The curriculum includes five modules and is 15 hours in length. In addition to the 15 hour curriculum, the course includes a pre-admission session and an exit interview. Topics included in the course:
· Illegal aspects of drug use/abuse
· History of drug abuse
· Effects of specific drugs
· Downward steps to drug dependence
· Costs of drug use/abuse
· AIDS/HIV
· Attitudes, Values and Behavior inventory
· Drug replacements
· Relapse prevention and warning signs
· Personal action plan to remain drug free
DWI-Education
This program targets first time DWI offenders and requires a fee. This course is certified by the Texas Department of State Health Services – Offender Education Program - Professional Licensing and Certification Unit. The curriculum includes four modules and is 12 hours in length. In addition to the four modules, there is a pre-admission session and an exit interview. The course covers the following topics:
· DWI as a social problem, the law and client hostilities toward the criminal justice system
· Physical and psychological effects of alcohol
· Problem drinking and alcoholism
· Decision-making including a plan to prevent future DWI behavior
DWI-Intervention
This program targets repeat DWI offenders and there is a charge for this program. This course is certified by the Texas Department of State Health Services – Offender Education Program - Professional Licensing and Certification Unit. The curriculum is no less than 30 hours and no more than 45 hours in length. In addition to the 15 modules, participants engage in individual sessions twice during the 15 modules, and also participate in an exit interview at the end of the Program. The following topics are covered in depth:
· Costs vs. benefits of using alcohol
· Good eating & physical/leisure time activities
· Emotional issues
· Communication styles and personal goal-setting
· Family roles in the user/abuser
· Use of 12-step support group (AA/NA) with a local resource guide
· Support network
· Relaxation and creative ways to deal with stress effectively
· Warning signs of relapse
· Drink refusal role-plays
· Personal action plan to avoid future problematic behavior.
DWI-Victim Impact Panel
In this free program, DWI offenders listen as a panel of victims who have been personally injured and those who have lost family members as a result of DWI-related accidents tell how the DWI behavior of someone affected their lives.
Life Management Series for Theft Intervention & Life Skills
There is a fee for this program. This program targets clients in need of self-improvement values clarification and behavior control. A budgeting component is included with this program. This nine-hour course is designed to help clients develop a personal plan for a successful future. Homework assignments are a big part of this program.
Male/Female Offender Group
This is a cognitive restructure, long-term (1-2 years) program aimed at confronting criminal thinking patterns to redirect thought processes into pro-social and acceptable ways.
Nature of Marijuana Program
In either two or three sessions consisting of six hours of instruction, this program is an education program for offenders probated for or involved with the use on marijuana. The program looks critically at the illegal actions involved in using marijuana and points out the dangers for people choosing to use this drug in today's world.
Recovery Works
Clients who have completed a supportive outpatient, an intensive outpatient and/or residential treatment program participate in this free support group which is facilitated by counselors employed by this Department to aid those clients who have are involved with a Mutual Support Groups such as Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) but who need encouragement and technical advice to continue with their recovery.
Relapse Prevention Group
After completing a treatment program along with attendance of a significant number of Mutual Support Group meetings such as Alcoholics Anonymous, clients are referred to this program. The focus of this group is awareness and avoidance of "triggers" that may lead to use of drugs or alcohol again, keeping the participant sober, and dealing with the needed changes to maintain the sobriety started in treatment. Upon completion of this Program offenders are referred to the Recovery Works Program listed above.
Sex Offender Groups
These programs are facilitated by Registered Sex Offender Treatment Providers in Texas and deal with cognitive restructuring of the thinking patterns of offenders under supervision for sex offenses defined by state law.
Victim Impact Panel
A panel of victims of various types of crime (from property to crimes of violence) speak to help offenders understand the full effects that criminal behavior has had on their lives. This free program is offered to criminal offenders whose crime involved a victim.
Jail Sanctions
On the granting of probation for any misdemeanor case, the judge can order someone to serve 30 days in county jail as a condition of their probation. For felony probations, the Judge can order up to 180 days in county jail as a condition of probation.