Community Supervision

Community supervision is an alternative to incarceration in Texas after a defendant has pleaded guilty to a crime or been convicted of a crime. 

Individuals placed on community supervision are subject to monitoring by county probation departments and must comply with court-ordered conditions. Failure to comply with these conditions could result in a jail sentence.

There are two kinds of community supervision:

1. regular community supervision—also called conviction probation, or just probation
2. deferred adjudication.

Conviction Probation 

Conviction probation can be ordered by a judge or jury after a defendant has been convicted of a crime. Probation is an alternative to a jail sentence.

Deferred Adjudication

The second type of community supervision, deferred adjudication, can only be ordered by a judge after a defendant has pleaded guilty or nolo contendere.

After pleading guilty, a defendant offered deferred adjudication must comply with court-ordered terms in order to avoid jail time. If a defendant fails to comply with the conditions of community supervision, the prosecutor may ask the judge to find the defendant guilty.

Deferred adjudication allows a defendant to accept responsibility for a crime without having a conviction added to their criminal record. The term “deferred adjudication” means, in simpler language, “delayed judgement.” It refers to the judge’s decision not to convict.

Eligibility for Community Supervision

Most misdemeanor defendants are eligible for community supervision.

Certain felony offenders are also eligle for community supervision. However, defendants found guilty of murder, kidnapping, human trafficking, indecency with a child, sexual assault, and certain other offenses are not eligible for community supervision. 

Duration of Community Supervision 

In misdemeanor cases, the maximum period of community supervision is two years. 

In felony cases, the minimum period for community supervision is the same as the minimum term of imprisonment applicable to the offense, with some exceptions. 

The maximum period for first-degree and second-degree felonies is ten years. For certain third-degree felonies, including property crimes and drug offenses, the maximum period is five years.

Conditions for Community Supervision

The judge in a case determines the conditions for community supervision. Judges have broad discretion under the law to require defendants to do any of the following:

• Attend counseling sessions
• Submit to electronic monitoring
• Submit to testing for drugs or alcohol
• Find and maintain suitable employment
• Support dependents financially
• Remain within a specified place
• Report to a parole supervision officer
• Allow home visits by a parole officer 
• Avoid “injurious or vicious habits.”