Probation is now known as community supervision. Community supervision is an alternative to the imposition of a prison or jail sentence. It places the defendant under the supervision of the court in a continuum of programs, sanctions, and conditions imposed by the court and administered by the community supervision department.
There are two (2) types of community supervision.
1. DEFERRED ADJUDICATION
The defendant after pleading guilty to the charge the court defers sentencing without an adjudication of guilt.
A judge who determines it is in the best interest of society may defer further proceeding without sentencing and place the defendant on community supervision after the defendant pleads guilty to the offense charged.
A judge may also place a defendant on community supervision (deferred adjudication) if the judge makes a finding in open court that placing the defendant on community supervision is in the best interest of the victim (regardless of the age of the victim). The judge may place on community supervision, a defendant charged with Indecency with a Child (contact), Sexual Assault and Aggravated Sexual Assault.
The minimum period of community supervision for the sex crimes described above is five years, and the maximum length is ten years.
2. STRAIGHT PROBATION
After pleading to the court or if sentenced by a jury to either imprisonment or confinement, the judge or jury may probate or suspend the imposition of the sentence.
If in the best interest of justice, the public and the defendant after a conviction or plea of guilty, the court may suspend the imposition of the sentence and place the defendant on Community Supervision.
There are certain offenses that the judge can not place a defendant on straight probation:
Providing the defendant files an application for probation prior to trial and qualifies for probation, a jury may recommend that the judge suspend the imposition of the sentence.
A defendant is not eligible for jury recommended community service if:
The defendant is sentenced to prison that exceeds 10 years or is found guilty of Murder or Indecency with a Child (contact); Aggravated Sexual Assault or Sexual Assault and the victim was younger than 14 years of age at the time of the offense.
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