(a) A court granting community supervision to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 shall require as a term of community supervision that the defendant:
(1) serve a term of not more than one year imprisonment in the Texas Department of Criminal Justice if the offense is a felony other than an offense under § 19.02, Penal Code; or
(2) serve a term of not more than 90 days confinement in jail if the offense is a misdemeanor.
(b) The court may not grant community supervision on its own motion or on the recommendation of the jury to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 if:
(1) the offense for which the court has made the affirmative finding is an offense under § 19.02, Penal Code; or
(2) the defendant has been previously convicted of an offense for which the court made an affirmative finding under Article 42.014.