Texas Community Supervision Officer Certification Pre-Coursework
Module 4:
Adult Community Supervision Law
I. Introduction: The Code of Criminal Procedure governs all criminal proceedings in the State of Texas. Community Supervision, in particular, is covered in article 42.12 of the Code of Criminal Procedure. Throughout this module, references will be made to this article. It is recommended that you have a copy of article 42.12 handy as you read this material.
This module will review the types and characteristics of community supervision in Texas, the criminal process, and actions required of you when an offender appeals his sentence or revocation. More specifically, our performance objectives are:
1. Identify the four types of community supervision in Texas.
2. Identify the steps in the sequence of the criminal process.
3. List the differences between regular community supervision and deferred adjudication community supervision.
4. Identify eight characteristics of “shock” community supervision.
5. Identify six characteristics of state jail felony community supervision.
6. Identify the correct actions when there is an appeal of an order placing a person on community supervision or revoking community supervision.
7. Identify five characteristics of Pre-Trial Intervention.
II. Content: We will begin by looking at the types of community supervision in Texas.
A. THE FOUR TYPES OF COMMUNITY SUPERVISION IN TEXAS
1. First is felony and misdemeanor community supervision, found in the Texas Code of Criminal Procedure. TCCP, Art. 42.12, Sec.3.
2. Deferred Adjudication felony and misdemeanor community supervision are found in TCCP Art. 42.12, Sec. 5.
3. A third type is shock community supervision for felony and misdemeanor offenses. The citation for this type of community supervision is found in TCCP, Art. 42.12, Secs. 6, 7. Felony "boot camp" is a form of shock community supervision. TCCP, Art. 42.12, Section 8.
4. The fourth type of community supervision is for State Jail Felonies, found in TCCP art. 42.12, Sec. 15. A state jail felony is a separate felony category which exposes an individual convicted of this type offense to the possibility of incarceration in a state jail facility.
Before detailing the characteristics of various types of community supervision, let’s look first at the process of how a person gets placed on community supervision.
B. THE STEPS IN THE SEQUENCE OF THE CRIMINAL PROCESS
There are seven steps in the sequence of the criminal process. They are:
Step 1: Charge
Step 2: Plea
Step 3: Evidence
Step 4: Finding
Step 5: Assessment of Punishment
Step 6: Imposition (or Suspension of Imposition) of Punishment
Step 7: Execution of Punishment
Let's look at each of these steps in more detail.
Step 1: CHARGE
To understand how one is charged with a crime, let’s take a brief look at some legal terminology used.
The prosecution of a criminal action begins with the State filing the charging instrument: the complaint, information, or indictment. The type of documents filed and the court it is filed in will depend on the severity of the offense charged (misdemeanor or felony) and will frame the issues for the trial. The jurisdiction of a court is defined by statute, but in general: district courts have jurisdiction of felonies and certain misdemeanors; county courts have jurisdiction over Class A and B misdemeanors, and JP and municipal courts have jurisdiction over Class C misdemeanors.
a. Complaint
A complaint is the initial charging instrument in all cases. It is a sworn written statement made by a credible person that is presented to a magistrate or the district or county attorney alleging that the accused has committed an offense in their jurisdiction. TCCP arts. 2.04, 15.04. The requirements of the complaint are set out in TCCP art. 15.05. Sometimes the complaint is filed when the defendant is caught in the act of committing a crime, however, it may be filed after the offense has been committed. For Class A and B misdemeanor offenses, it usually is filed with the information in a county court, and for felony offenses it is filed with a magistrate in the county. TCCP art. 2.05.
b. Information
The information is a written statement, based on and filed with the complaint, charging a person with the commission of a crime. TCCP art. 2.05. For Class A and B misdemeanors, it is filed by the State’s attorney in a county or district court and it vests that court with the jurisdiction of the case. TCCP arts. 21.20, 21.22.
c. Indictment
The indictment is a written instrument from a grand jury charging a person with the commission of an offense. TCCP art. 21.01. In felony cases, the defendant has a constitutional right, unless waived, to be charged by a grand jury indictment. Tex. Const. art. I, §10. If this right is effectively waived, the defendant may be prosecuted for a felony by means of an information. TCCP art. 1.141.
Grand juries are composed of at least twelve persons and function as units of the district courts. Tex. Const. art. V, §13. TCCP art. 19.26. If the grand jury does not conclude its business within its term, the district judge who impaneled them may extend their term for up to 90 days. TCCP art. 19. 07. The prosecutor has the statutory right to address the grand jury, but the accused and the defense attorney may participate only if permitted by the grand jury. TCCP arts. 20.03, 20.04. Its proceedings, which are secret, operate in several stages: take evidence, deliberate, and vote on whether to indict the accused. TCCP art. 20.02. If at least nine members believe there is sufficient evidence to proceed with a criminal trial, then an indictment or "true bill" is returned, signed by the foreman and presented to the district judge. TCCP art. 20.19. If not, then a "no-bill" is returned and the case is either dismissed or the investigation continues for more evidence. The return of an indictment does not signify guilt. It just means that at least nine citizens of the county have found that there is probable cause to believe that a crime has been committed.
However, for our purposes, just know that a complaint is made by a credible person alleging that a crime has been committed. In most cases, the information is the charging instrument for a misdemeanor offense and the indictment is the charging instrument for a felony offense.
Example: You discover that your DVD, TV, and microwave have been stolen. You call the police, and after completing the investigation, the case is turned over to the appropriate prosecuting attorney for review and criminal prosecution. The value of the items stolen (brand new 65” flat-panel plasma HDTV vs. 15” standard-definition digital TV) will determine whether the county or district attorney prosecutes your case. A complaint is filed charging that the defendant has committed an offense.
For a class A or B misdemeanor (the 15” standard-definition digital TV), the county attorney initiates the prosecution by presenting an information, based upon and filed with the complaint, to the county court. For a felony offense (brand new 65” flat-panel plasma HDTV), an indictment is returned from the grand jury accusing the defendant of committing a criminal offense and is presented to the district court.
Now that the accused has been charged with an offense, we consider the possible punishments if he is found guilty.
Ranges of Punishment for Criminal Offenses
A. Misdemeanors
1. Jailable Misdemeanors, Class A and Class B Misdemeanors. Tex. Penal Code §§12.21 and 12.22.
· Class A misdemeanor – up to one year in a county jail and/or a fine not to exceed $4,000. Tex. Penal Code §12.21 (Example: Official Oppression,)
· Class B misdemeanor – up to 180 days in a county jail and/or a fine not to exceed $2,000 Tex. Penal Code §12.22 (Example: False Report to a Police Officer)
2. Fineable Misdemeanors, Class C Misdemeanors.
· Class C misdemeanor – up to $500 Tex. Penal Code §12.23.(Example: Criminal Mischief)
B. Felonies
Capital Murder – life or death. Tex. Penal Code §12.31.
1st degree felony – 5 to 99 years or life and possibly a fine not to exceed $10,000 Tex. Penal Code §12.32. (example: Aggravated Sexual Assault.)
What is the difference between Life and 99 years? If you get a life sentence, you can never serve it out. You will be incarcerated or on supervision for the rest of your life. Parole and mandatory supervision eligibility are determined based upon the law that was in effect at the time the offense was committed. Therefore, it varies depending on the year the offense was committed.
2nd degree felony – 2 to 20 and possibly a fine not to exceed $10,000 (example: Aggravated Assault) Tex. Penal Code §12.33.
3rd degree felony – 2 to 10 and possibly a fine not to exceed $10,000. Tex. Penal Code §12.34. (Example: Theft, if the Value of the Property is $20,000 or more but less than $100,000)
State jail felony – 180 days to 2 years in a state jail facility and possibly a fine not to exceed $10,000. Tex. Penal Code §12.35. (Example: Unauthorized Use of Motor Vehicle)
The degree of some offenses varies depending on the circumstances. For instance, a DWI with a child passenger is a state jail felony even if it’s the accused’s first DWI offense. While examples have been provided, you can refer to the Texas Penal Code if you want additional examples.
C. Enhancement of Punishment, Texas Penal Code, Section 12.42
Enhancement of punishment refers to increasing the range of punishment for the primary offense as a result of proof that the defendant has a previous “final” conviction. A final conviction means there are no pending appeals and the sentence was imposed, rather than suspended. Under §12.42 deferred adjudication and regular community supervision are not considered “final” convictions for enhancement purposes, unless there was an adjudication of guilt or the defendant’s community supervision was revoked, or if the defendant was previously charged for certain sexual offenses. Additionally, other state laws may define community supervision as a conviction. Tex. Penal Code §§ 22.01, 30.01.
If the person has prior felony convictions, that were “final” before the date of the new offense, the punishment may be enhanced as follows:
Current Offense / Enhanced by prior convictions / Required Enhanced Penalty / StatuteState jail felony / Two prior state jail felonies / 3rd degree felony / §12.42(a)(1)
State jail felony / Two prior felonies in sequence / 2nd degree felony / §12.42(a)(2)
3rd degree felony / Any prior felony / 2nd degree felony / §12.42(a)(3)
2nd degree felony / Any prior felony except state jail. / 1st degree felony / §12.42(b)
1st degree felony / Any prior felony except state jail. / 15-99 years or life, plus 0-10,000 fine. / §12.42(c)(1)
1st, 2nd, or 3rd degree felony / Two prior felonies in sequence (except state jail) / 25-99 years or life, / §12.42(d)
See §12.42, Texas Penal Code, for enhancements regarding special circumstances and certain sex offenses.
STEP 2: PLEA
Step two in the criminal justice process is the PLEA. There are three different types of pleas an accused can enter.
A. Types Of Pleas By Offenders
The first possible plea is "guilty." When the accused enters a plea of guilty, it is an admission of guilt and the accused's consent to be convicted without a trial. This plea is admissible in civil proceedings. TCCP arts. 26.13 and 27.02 (3).
The second type of plea is "no contest" (nolo contendere, nolo). Such a plea is not an admission of guilt, but the accused does not contest the State’s evidence. This plea is not admissible in civil proceedings. TCCP art. 27.02 (5).
The final type of plea that can be entered is "not guilty". This is not a plea of "innocent." Such a plea requires the State to prove guilt beyond a reasonable doubt in order to convict. During the CSO Certification week, the trainers will talk about the difference between preponderance of evidence and proof beyond a reasonable doubt. TCCP arts. 26.12 and 27.02 (4).
B. Plea Bargaining
Why do we have plea bargaining? Think of plea bargaining as a miniature economic model.
The economy of time: In the usual case, a jury trial takes at a minimum two days; a trial before the judge, at least half a day, and; a plea bargain takes at the most twenty minutes. Ask your county or district clerk how many people were either incarcerated or placed on community supervision this past year. Then assume every case was a two-day jury trial, or a half-day trial before the court. Especially in urban areas of the state you can see how backlogged the court systems could become.
The economy of money: Jury trials involve the expense of the Clerk's time and resources to send out jury notices, shuffle jury panels when requested, and attend court during the trial. Bailiffs are needed to supervise the jury panel. Refreshments are needed for the jurors, and they must be constantly observed to insure the integrity and impartiality of the jury. Now that the Legislature has substantially raised the per diem pay for jury service, that has become a consideration.
What is the primary benefit of plea bargaining?
Plea bargaining saves the victim the trauma of testifying. It further allows a resolution of a criminal accusation through negotiation, not litigation. If we did not have plea bargaining, we would need several times the number of judges, lawyers, bailiffs, court reporters, etc., to dispose of ever-increasing dockets. The majority of all criminal cases are now resolved by plea bargain.