Texas Attorney General Opinion: GA-0593 Page: 2 of 7
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The Honorable Jesusa Sanchez-Vera - Page 2
uses the term "community supervision" to refer to probation in its various forms. See TEX. CODE
CRIM. PROC. ANN. art. 42.12, 2(2) (Vernon Supp. 2007).3
Courts generally have broad discretion over the conditions of probation. See id. 1 ("It is
the purpose of this article to place wholly within the state courts the responsibility for determining
... the conditions of' probation). Accordingly, section 11 (a) provides that the proper court has
discretion to "impose any reasonable condition that is designed to protect or restore the community,
protect or restore the victim, or punish, rehabilitate, or reform the defendant." Id. 11 (a) (emphasis
added). Section 11 (a) lists conditions of probation that a court may impose in a particular case. Id.
While the list of conditions is nonexclusive and the court's discretion to impose conditions is
generally broad, some of section 1 1(a)'s "enumerated conditions actually may be understood as
limitations on the court's authority to impose conditions of those types." Kesaria v. State, 189
S.W.3d 279, 283 (Tex. Crim. App. 2006).
A court's discretion to modify conditions is also generally broad. Ex parte Alakayi, 102
S.W.3d 426, 431 (Tex. App.-Houston [14th Dist.] 2003, pet. ref'd). A court "may, at any time,
during the period of [probation] alter or modify the conditions" of probation. TEX. CODE CRIM.
PROC. ANN. art. 42.12, 11 (a) (Vernon Supp. 2007).4 And "after the defendant has satisfactorily
completed one-third of the original [probation] period or two years of [probation], whichever is less,
the period of [probation] may be reduced or terminated by the judge." Id.. 20(a).5
3In Holcomb v. State, the court observed that the interchangeable use of the terms "probation" and "community
supervision" is widely accepted. See Holcomb v. State, 146 S.W.3d 723, 733 n.7 (Tex. App.-Austin 2004, no pet.).
The court further explained that community service under article 42.12 includes constitutionally derived probation as
well as deferred adjudication probation. See id. at 733 & n.8 (citing TEX. CONST. art. IV, 11A). See generally 43A
GEORGE E. DIX & ROBERT O. DAWSON, TEXAS PRACTICE: CRIMINAL PRACTICE AND PROCEDURE 39.01 (2d ed. West
2001).
4The court may grant a probation officer authority to modify conditions of probation "for the limited purpose
of transferring the defendant to different programs within the community supervision continuum of programs and
sanctions." TEX. CODE CRIM. PROC. ANN. art. 42.12, 10(d) (Vernon Supp. 2007).
5For defendants initially placed on probation on or after September 1, 2007, the court is required to consider
reducing or terminating the period of probation:
On completion of one-half of the original community supervision period or two
years of community supervision, whichever is more, the judge shall review the
defendant's record and consider whether to reduce or terminate the period of
community supervision, unless the defendant is delinquent in paying required
restitution, fines, costs, or fees that the defendant has the ability to pay or the
defendant has not completed court-ordered counseling or treatment .... Ifthejudge
determines that the defendant has failed to satisfactorily fulfill the conditions of
community supervision, the judge shall advise the defendant in writing of the
requirements for satisfactorily fulfilling those conditions.
Id. 20(a); see Act of May 21, 2007, 80th Leg., R.S., ch. 1205, 6, 10, 2007 Tex. Gen. Laws 4078, 4080-81 (House
Bill 1678 amending section 20(a)).(GA-0593)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0593, text, January 17, 2008; (https://texashistory.unt.edu/ark:/67531/metapth275489/m1/2/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.