(a) Except as provided by Subsection (b), a judge assessing punishment in a state jail felony case may suspend the imposition of the sentence and place the defendant on community supervision with the condition that the defendant participate in a program operated under § 493.034, Government Code.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
State jail felonybetween 180 days and 2 yearsup to $10,000
For details, see Texas Penal Code § 12.35

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Terms Used In Texas Code of Criminal Procedure 42A.562

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(b) A judge may not place a defendant on community supervision under this article if the defendant is or has previously been convicted of an offense under Title 5, Penal Code.
(c) Before a judge may place a defendant on community supervision under this article, the defendant must be assessed using the risk and needs assessment instrument adopted under § 501.0921, Government Code, or a similar instrument that takes into consideration the defendant’s prior criminal history.
(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 1014 (H.B. 2352), Sec. 5, eff. September 1, 2021.
(e) Notwithstanding the minimum period of community supervision provided by Article 42A.553(a), a judge placing a defendant on community supervision under this article shall impose a period of community supervision not to exceed 270 days.
(f) A defendant placed on community supervision under this article must participate fully in the program described by Subsection (a). The provisions of Subchapter P authorizing the judge to revoke a defendant’s community supervision or otherwise sanction the defendant apply with respect to a defendant who violates the requirement of this subsection.