Tex.
Code of Crim. Proc. Article 42A.558
Revocation; Options Regarding Execution of Sentence
(a)
If in a state jail felony case a defendant violates a condition of community supervision imposed under this chapter and after a hearing under Article 42A.751 (Violation of Conditions of Community Supervision; Detention and Hearing)(d) the judge revokes the defendant’s community supervision, the judge shall dispose of the case in the manner provided by Article 42A.755 (Revocation of Community Supervision).(b)
The court retains jurisdiction over the defendant for the period during which the defendant is confined in a state jail felony facility. At any time after the 75th day after the date the defendant is received into the custody of a state jail felony facility, the judge on the judge’s own motion, on the motion of the attorney representing the state, or on the motion of the defendant may suspend further execution of the sentence and place the defendant on community supervision under the conditions of this subchapter.(b-1)
On request of the judge, the Texas Department of Criminal Justice shall, not later than the 60th day after the date the defendant is received into the custody of a state jail felony facility, notify the judge of the date on which the defendant will have served 75 days in the facility. The notice must be provided by e-mail or other electronic communication.(b-2)
For purposes of Subsection (b-1), the judge may submit a single request to the Texas Department of Criminal Justice with respect to all applicable defendants sentenced in the judge’s court.(c)
When the defendant or the attorney representing the state files a written motion requesting the judge to suspend further execution of the sentence and place the defendant on community supervision, the clerk of the court, if requested to do so by the judge, shall request a copy of the defendant’s record while confined from the facility director of the state jail felony facility in which the defendant is confined or, if the defendant is confined in county jail, from the sheriff. On receipt of the request, the facility director or the sheriff shall forward a copy of the record to the judge as soon as possible.(d)
When the defendant files a written motion requesting the judge to suspend further execution of the sentence and place the defendant on community supervision, the defendant shall immediately deliver or cause to be delivered a copy of the motion to the office of the attorney representing the state. The judge may deny the motion without holding a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion.
Source:
Article 42A.558 — Revocation; Options Regarding Execution of Sentence, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.558 (accessed Apr. 29, 2024).
