Community supervision is an alternative to incarceration in Texas after a defendant has pleaded guilty to a crime or been convicted of a crime. In practice, community supervision serves as a means of enforcing criminal accountability without burdening the jail system. However, supervision can still be demanding and often comes with strict conditions—such as regular reporting, drug testing, curfews, mandatory counseling, or staying within a designated area.
Individuals placed on community supervision are subject to monitoring by county probation departments and must comply with court-ordered conditions.1 Failure to comply with these conditions—even minor technical violations—may result in revocation, requiring a return to jail.
Types of Community Supervision
There are two kinds of community supervision:
- regular community supervision, also called probation.
- deferred adjudication.
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.2
The second type of community supervision, deferred adjudication, can only be ordered by a judge after a defendant has pleaded guilty or nolo contendere.3
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.
Although both forms of supervision serve to keep individuals out of jail, they carry different long-term consequences. A conviction probation results in a permanent criminal conviction that will appear on background checks used by employers, landlords, and others. By contrast, successful completion of deferred adjudication may allow a defendant to avoid a formal conviction. However, the underlying arrest and other court proceedings may still appear in public records and potentially surface in background checks.
Eligibility for Community Supervision
Defendants found guilty of murder, kidnapping, human trafficking, indecency with a child, sexual assault, and certain other offenses are not eligible for community supervision. Most misdemeanor defendants and certain felony offenders are eligible for community supervision. However, eligibility alone does not guarantee that community supervision will be granted. Judges have discretion in most cases, and their decisions often take into account the defendant’s prior criminal history, the nature of the offense, victim input, and the recommendations of prosecutors or probation officers.
Duration of Community Supervision
In misdemeanor cases, the maximum period of community supervision is two years.4 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.5 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:6
- 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.”
Sources & Citations
- Texas Code of Criminal Procedure art. 42A.301 ↩︎
- Texas Code of Criminal Procedure art. 42A.053 ↩︎
- Texas Code of Criminal Procedure art. 42A.101 ↩︎
- Texas Code of Criminal Procedure art. 42A.103(b) ↩︎
- Texas Code of Criminal Procedure art. 42A.103(a) ↩︎
- Texas Code of Criminal Procedure art. 42A.301 ↩︎
This article is provided for general informational and educational purposes only and does not constitute legal advice. The laws and procedures discussed herein reflect Texas statutes and legal norms as of the time of writing and may be subject to change. Individuals facing arrest or criminal charges should consult a licensed attorney for guidance specific to their situation. Texapedia is a privately maintained encyclopedia and does not provide legal representation or services.
