NO. VS. COURT OF TEXAS

Transcription

1 NO. THE STATE OF TEXAS IN THE 433 RD DISTRICT VS. COURT OF TEXAS COMAL COUNTY, TEXAS T.E.X.A.S. Court Waivers of Rights & Conditions of Community Supervision State Jail & Third Degree Felonies In accordance with the laws of the State of Texas, this is a criminal proceeding, and you have been placed on Adult Community Supervision in the Tough Enforcement with Xtra Accountability & Sanctions (T.E.X.A.S.) Court as of for a period of 5 years by the Honorable Dib Waldrip, 433 rd Judicial District Court of Comal County, Texas. You are advised that pursuant to Article of the Texas Code of Criminal Procedure and other related provisions, the Court determines the terms and conditions of your supervision. THIS IS AN ORDER OF THE COURT. You are advised that constitutional rights and statutory privileges protect certain liberty and due process interests of defendants while on community supervision. However, in lieu of the State seeking a prison sentence, you are being granted (or allowed to remain on) community supervision in T.E.X.A.S. Court. Your signature below acknowledges that while the purpose of T.E.X.A.S. Court is therapeutic and not adversarial, the State s operation of a probationary system presents a special need to assure that conditions of community supervision are in fact observed. Thus, you hereby intelligently, knowingly and voluntarily waive, pursuant to Texas Code of Criminal Procedure (Tx CCP) Art (a), certain constitutional rights or statutory privileges pertinent to adversarial judicial proceedings including those set out within the 4 th, 5 th & 6 th Amendments to the United States Constitution and in Tx CCP Articles , 15.17, 26.04, and Further, you acknowledge that the Court may amend, modify or extend the conditions of your supervision, as specifically indicated herein, at any time during the period of supervision notwithstanding those rights or privileges, including but not limited to a 48-hour bond, written violation notice, counsel, disclosure of evidence, 10-day preparation time, compulsory process, hearing, confrontation of witnesses, written findings and/or an opportunity to be heard. Further, your signature below acknowledges receipt of this valuable consideration as well as an understanding that the State may dispose of and/or destroy evidence in this case that will materially prejudice the State s ability to prosecute and your ability to defend this case. Accordingly, you acknowledge that you will not be allowed to rescind this agreement after final approval by the Court, and your right to appeal or collaterally attack any conviction is significantly diminished. At the Court s discretion, any of the conditions below may be modified to extend the period of community supervision, increase the fine, increase treatment, impose confinement or work assignments, and issue an order or warrant for your arrest to address any violation of these conditions. Modification of treatment programs can range from increased outpatient treatment up to and including inpatient treatment at a Texas Department of Corrections facility. The Court also has the authority upon notice and a hearing to revoke the community supervision for ANY violation of ANY of the conditions set out below. It is the ORDER of the Court that you comply with these conditions of community supervision. 1. Obey all ORDERS of the Court and direction of Supervision Officer; 2. Commit NO offense against the laws of this state, any other state, or the United States of America;

2 3. Abstain from ALL use of alcoholic beverages, illegal drugs or ANY other mind-altering substance or derivatives thereof, including but not limited to marijuana, cocaine, heroin, methamphetamine, ecstasy, ice, K2, Spice, bath salts, freon, etc.; 4. Avoid persons or places of disreputable character, including but not limited to ANY place where ANY illegal drugs or ANY other mind-altering substances described above are present, sold or used; 5. Avoid places where alcoholic beverages are sold EXCEPT restaurants that realize LESS than 50 % of the business proceeds from the sale of alcoholic beverages; 6. Do NOT associate with persons who possess, sell, or use ANY illegal drugs or ANY other mind-altering substances described above, including derivatives thereof; 7. Do NOT associate with persons who have been convicted of a felony; 8. Permit the Supervision Officer to visit you at your home or elsewhere as well as visually inspect and search places and things to which you have access; 9. Obtain & maintain gainful employment in a lawful occupation providing verification thereof as directed by your Supervision Officer if not employed, show proof of efforts to obtain employment as directed by your Supervision Officer; 10. Do not change place of residence without permission of your Supervision Officer, and report any change of marital or employment status to your Supervision Officer within 5 days of any change; 11. Text your Supervision Officer ANY day that you will not be at your place of residence after 9:00 p.m. or ANY day that you will leave your place of residence before 6:00 a.m.; 12. Remain within COMAL/ County, Texas EXCEPT by PRIOR WRITTEN permission of your Supervision Officer; 13. Remain within the State of Texas at all times EXCEPT by PRIOR WRITTEN permission of both your Supervision Officer and Judge Waldrip; 14. Waive extradition to the State of Texas from any jurisdiction in or outside the United States of America and waive any contest to any effort by any jurisdiction to return the probationer to the State of Texas; 15. Support ALL your dependents; 16. Submit to testing as directed by your Supervision Officer or his/her agent for detection of use/consumption of alcohol or controlled substances failure to submit to testing as directed or submitting a diluted or adulterated sample SHALL constitute a positive or dirty test; 17. A dirty test for the use/consumption of alcohol or controlled substances WILL AUTOMATICALLY result in IMMEDIATE incarceration until the next Thursday docket of the T.E.X.A.S. Court. 18. If convicted, submit a DNA specimen for the purpose of creating a DNA record with the Texas Department of Public Safety as directed by your Supervision Officer; 19. Restitution must be paid in full at time of sentencing; 20. Pay T.E.X.A.S. Court reduced fine/costs structure in 260 consecutive weekly installments of $25.00 to the Comal County District Clerk on Tuesday of each week unless the office is closed. If so, the payment is due on the next business day. The T.E.X.A.S. Court reduced fine/costs structure is as follows: a. Court Costs: $ b. Administrative Costs: $ c. Attorney Fees, if appointed: $ d. Community Supervision Fees: $3, e. Urinalysis Fee: $ f. Fine/Fine Escrow Account: $1, The first $25.00 payment is due on the day of, Report to your Supervision Officer EVERY Tuesday by 7:00 p.m. with a receipt showing payment to the District Clerk of all monies currently owed & report as otherwise directed by your Supervision Officer; 22. Regularly attend and successfully complete ALL programs as directed by your Supervision Officer; 23. Advise ALL medical/dental providers of your participation in this program, and immediately advise your Supervision Officer of ALL medical prescriptions issued by any doctor; 24. Do NOT seek or obtain any tattoo, body piercing, or any other form of body art; 25. Perform 200 hours of Community Service Restitution (CSR) work at a minimum of 16 hours per month with a Court-approved CSR Agency or Project as directed by your Supervision Officer For failure to

3 pay all monies due on any Tuesday, perform an extra three (3) hours CSR as directed by your Supervision Officer before T.E.X.A.S. Court on 1:00 p.m.; 26. UNLESS WAIVED by your Supervision Officer, appear in the 433 rd Judicial District Court EVERY Thursday at 1:00 p.m. Appearance in Court will generally be waived if the probationer is in full compliance with these conditions and other directions of the Supervision Officer; 27. At the weekly T.E.X.A.S. Court dockets, the Court will immediately issue sanctions and penalties for lack of compliance and/or violations of these conditions and/or directions of the Supervision and Corrections Department, including but not limited to extension of the period of community supervision, homework assignments, extra CSR, work crew assignments, workday fine, extra reporting, increased fines, jail time, forfeiture of all/part of the fine escrow account, etc. Having to report to a T.E.X.A.S. Court docket WILL RESULT IN AN AUTOMATIC one (1) week extension of the period of community supervision (along with completion of and adherence to ALL weekly T.E.X.A.S. Court requirements & payments) IF ALL PAYMENTS ARE NOT CURRENT OR CSR HOURS ARE NOT COMPLETED PRIOR TO COURT; 28. If a probationer fails to timely appear in court, he/she is hereby ORDERED to report to jail on the following Saturday and a warrant or order for the arrest of the probationer will be issued resulting in an additional $25.00 warrant fee being due to the District Clerk by the next Tuesday following release from jail, AND the period of community supervision WILL AUTOMATICALLY be extended for an additional one (1) week period (along with completion of and adherence to ALL weekly T.E.X.A.S. Court requirements & payments); 29. If a probationer fails to timely comply with any sanction or penalty imposed, a warrant or order for the arrest of the probationer will be issued resulting in an additional $25.00 warrant fee being due to the District Clerk by the next Tuesday following release from jail AND the period of community supervision WILL AUTOMATICALLY be extended for two (2) weeks (along with completion of and adherence to ALL weekly T.E.X.A.S. Court requirements & payments); 30. Unless otherwise ordered by the Court, jail sanctions SHALL begin 1:00 p.m. and extend until release 7 a.m., and after 120 days of jail sanctions, an adjudication/revocation hearing SHALL BE AUTOMATIC; 31. Once arrested, probationers agree to remain in jail until, at least, the next Thursday T.E.X.A.S. Court docket following the date of the arrest; 32. If a probationer fails to timely pay a warrant fee or any other fee/cost, the period of probation WILL AUTOMATICALLY be extended for two (2) weeks along with completion of and adherence to ALL weekly T.E.X.A.S. Court requirements; IT IS APPROVED and SO ORDERED on this the day of,20. Supervision Officer Judge Receipt, understanding & agreement is acknowledged as dated above by: Defendant Counsel for Defendant

4 NO. THE STATE OF TEXAS IN THE 433 RD DISTRICT VS. COURT OF TEXAS COMAL COUNTY, TEXAS T.E.X.A.S. Court Waivers of Rights & Conditions of Community Supervision First & Second Degree Felonies In accordance with the laws of the State of Texas, this is a criminal proceeding, and you have been placed on Adult Community Supervision in the Tough Enforcement with Xtra Accountability & Sanctions (T.E.X.A.S.) Court as of for a period of years by the Honorable Dib Waldrip, 433 rd Judicial District Court of Comal County, Texas. You are advised that pursuant to Article of the Texas Code of Criminal Procedure and other related provisions, the Court determines the terms and conditions of your supervision. THIS IS AN ORDER OF THE COURT. You are advised that constitutional rights and statutory privileges protect certain liberty and due process interests of defendants while on community supervision. However, in lieu of the State seeking a prison sentence, you are being granted (or allowed to remain on) community supervision in T.E.X.A.S. Court. Your signature below acknowledges that while the purpose of T.E.X.A.S. Court is therapeutic and not adversarial, the State s operation of a probationary system presents a special need to assure that conditions of community supervision are in fact observed. Thus, you hereby intelligently, knowingly and voluntarily waive, pursuant to Texas Code of Criminal Procedure (Tx CCP) Art (a), certain constitutional rights or statutory privileges pertinent to adversarial judicial proceedings including those set out within the 4 th, 5 th & 6 th Amendments to the United States Constitution and in Tx CCP Articles , 15.17, 26.04, and Further, you acknowledge that the Court may amend, modify or extend the conditions of your supervision, as specifically indicated herein, at any time during the period of supervision notwithstanding those rights or privileges, including but not limited to a 48-hour bond, written violation notice, counsel, disclosure of evidence, 10-day preparation time, compulsory process, hearing, confrontation of witnesses, written findings and/or an opportunity to be heard. Further, your signature below acknowledges receipt of this valuable consideration as well as an understanding that the State may dispose of and/or destroy evidence in this case that will materially prejudice the State s ability to prosecute and your ability to defend this case. Accordingly, you acknowledge that you will not be allowed to rescind this agreement after final approval by the Court, and your right to appeal or collaterally attack any conviction is significantly diminished. At the Court s discretion, any of the conditions below may be modified to extend the period of community supervision, increase the fine, increase treatment, impose confinement or work assignments, and issue an order or warrant for your arrest to address any violation of these conditions. Modification of treatment programs can range from increased outpatient treatment up to and including inpatient treatment at a Texas Department of Corrections facility. The Court also has the authority upon notice and a hearing to revoke the community supervision for ANY violation of ANY of the conditions set out below. It is the ORDER of the Court that you comply with these conditions of community supervision. 1. Obey all ORDERS of the Court and direction of Supervision Officer; 2. Commit NO offense against the laws of this state, any other state, or the United States of America;

5 3. Abstain from ALL use of alcoholic beverages, illegal drugs or ANY other mind-altering substance or derivatives thereof, including but not limited to marijuana, cocaine, heroin, methamphetamine, ecstasy, ice, K2, Spice, bath salts, freon, etc.; 4. Avoid persons or places of disreputable character, including but not limited to ANY place where ANY illegal drugs or ANY other mind-altering substances described above are present, sold or used; 5. Avoid places where alcoholic beverages are sold EXCEPT restaurants that realize LESS than 50 % of the business proceeds from the sale of alcoholic beverages; 6. Do NOT associate with persons who possess, sell, or use ANY illegal drugs or ANY other mind-altering substances described above, including derivatives thereof; 7. Do NOT associate with persons who have been convicted of a felony; 8. Permit the Supervision Officer to visit you at your home or elsewhere as well as visually inspect and search places and things to which you have access; 9. Obtain & maintain gainful employment in a lawful occupation providing verification thereof as directed by your Supervision Officer if not employed, show proof of efforts to obtain employment as directed by your Supervision Officer; 10. Do not change place of residence without permission of your Supervision Officer, and report any change of marital or employment status to your Supervision Officer within 5 days of any change; 11. Text your Supervision Officer ANY day that you will not be at your place of residence after 9:00 p.m. or ANY day that you will leave your place of residence before 6:00 a.m.; 12. Remain within COMAL/ County, Texas EXCEPT by PRIOR WRITTEN permission of your Supervision Officer; 13. Remain within the State of Texas at all times EXCEPT by PRIOR WRITTEN permission of both your Supervision Officer and Judge Waldrip; 14. Waive extradition to the State of Texas from any jurisdiction in or outside the United States of America and waive any contest to any effort by any jurisdiction to return the probationer to the State of Texas; 15. Support ALL your dependents; 16. Submit to testing as directed by your Supervision Officer or his/her agent for detection of use/consumption of alcohol or controlled substances failure to submit to testing as directed or submitting a diluted or adulterated sample SHALL constitute a positive or dirty test; 17. A dirty test for the use/consumption of alcohol or controlled substances WILL AUTOMATICALLY result in IMMEDIATE incarceration until the next Thursday docket of the T.E.X.A.S. Court. 18. If convicted, submit a DNA specimen for the purpose of creating a DNA record with the Texas Department of Public Safety as directed by your Supervision Officer; 19. If supervision is to be for deferred adjudication, restitution must be paid in full at time of sentencing if supervision is to be regular probation, one-half (½) of restitution must be paid at time of sentencing; 20. Pay T.E.X.A.S. Court reduced fee/costs structure in consecutive weekly installments of $25.00 to the Comal County District Clerk on Tuesday of each week unless the office is closed. If so, the payment is due on the next business day. The T.E.X.A.S. Court reduced fee/costs structure is as follows: a. Court Costs: $ b. Administrative Costs: $75.00/year c. Attorney Fees, if appointed: $ d. Community Supervision Fees: $600.00/year e. Urinalysis Fee: $ f. Up to $100/year fine 6 year; $125/year fine 7 year; $150/year fine 8 year g. Restitution: amount will vary, but no more than +/- $6/week (maximum possible restitution payments: $1,850 6 year; $2,200 7 year; 2,500 8 year) h. Fine Escrow Account: if any, amount will vary dependent upon restitution requirements The first $25.00 payment is due on the day of, Report to your Supervision Officer EVERY Tuesday by 7:00 p.m. with a receipt showing payment to the District Clerk of all monies currently owed & report as otherwise directed by your Supervision Officer; 22. Regularly attend and successfully complete ALL programs as directed by your Supervision Officer;

6 23. Advise ALL medical/dental providers of your participation in this program, and immediately advise your Supervision Officer of ALL medical prescriptions issued by any doctor; 24. Do NOT seek or obtain any tattoo, body piercing, or any other form of body art; 25. Perform 300 hours (6 year); 400 hours (7 year) or 500 hours (8 year) of Community Service Restitution (CSR) work at a minimum of 16 hours per month with a Court-approved CSR Agency or Project as directed by your Supervision Officer For failure to pay all monies due on any Tuesday, perform an extra three (3) hours CSR as directed by your Supervision Officer before T.E.X.A.S. Court on 1:00 p.m.; 26. UNLESS WAIVED by your Supervision Officer, appear in the 433 rd Judicial District Court EVERY Thursday at 1:00 p.m. Appearance in Court will generally be waived if the probationer is in full compliance with these conditions and other directions of the Supervision Officer; 27. At the weekly T.E.X.A.S. Court dockets, the Court will immediately issue sanctions and penalties for lack of compliance and/or violations of these conditions and/or directions of the Supervision and Corrections Department, including but not limited to extension of the period of community supervision, homework assignments, extra CSR, work crew assignments, workday fine, extra reporting, increased fines, jail time, forfeiture of all/part of the fine escrow account, etc. Having to report to a T.E.X.A.S. Court docket WILL RESULT IN AN AUTOMATIC one (1) week extension of the period of community supervision (along with completion of and adherence to ALL weekly T.E.X.A.S. Court requirements & payments) IF ALL PAYMENTS ARE NOT CURRENT OR CSR HOURS ARE NOT COMPLETED PRIOR TO COURT; 28. If a probationer fails to timely appear in court, he/she is hereby ORDERED to report to jail on the following Saturday and a warrant or order for the arrest of the probationer will be issued resulting in an additional $25.00 warrant fee being due to the District Clerk by the next Tuesday following release from jail, AND the period of community supervision WILL AUTOMATICALLY be extended for an additional one (1) week period (along with completion of and adherence to ALL weekly T.E.X.A.S. Court requirements & payments); 29. If a probationer fails to timely comply with any sanction or penalty imposed, a warrant or order for the arrest of the probationer will be issued resulting in an additional $25.00 warrant fee being due to the District Clerk by the next Tuesday following release from jail AND the period of community supervision WILL AUTOMATICALLY be extended for two (2) weeks (along with completion of and adherence to ALL weekly T.E.X.A.S. Court requirements & payments); 30. Unless otherwise ordered by the Court, jail sanctions SHALL begin 1:00 p.m. and extend until release 7 a.m., and after 120 days of jail sanctions, an adjudication/revocation hearing SHALL BE AUTOMATIC; 31. Once arrested, probationers agree to remain in jail until, at least, the next Thursday T.E.X.A.S. Court docket following the date of the arrest; 32. If a probationer fails to timely pay a warrant fee or any other fee/cost, the period of probation WILL AUTOMATICALLY be extended for two (2) weeks along with completion of and adherence to ALL weekly T.E.X.A.S. Court requirements; IT IS APPROVED and SO ORDERED on this the day of,20. Supervision Officer Judge Receipt, understanding & agreement acknowledged as dated above by: Defendant Counsel for Defendant