Chapter 12
Punishment Instructions
12.8 Instruction—Community Supervision—Misdemeanor Conviction
The defendant has asked that you recommend he be granted community supervision. You may in this case be able to recommend that the confinement assessed by you, any fine assessed by you, or both, be suspended and the defendant placed on community supervision.
“Community supervision” is often called “probation.” The two terms mean the same thing.
If the defendant is placed on community supervision, the defendant will not be required during the period of community supervision to serve the period of confinement assessed by you. If you assess a fine and recommend that the fine be suspended, the defendant will not be required during the period of community supervision to pay that fine.
If the defendant successfully completes the period of community supervision, the court will discharge the defendant. A defendant so discharged will never have to serve the confinement assessed by you or pay any fine that you have recommended be suspended.
During the period of community supervision, conditions will be imposed on the defendant, and the defendant will be placed under a variety of programs. If the defendant is believed to have violated the conditions of community supervision, the defendant will be brought before the court. The court, after a hearing without a jury, will either continue or revoke the community supervision.
If the court revokes the community supervision, the court will dispose of the case as if there had been no community supervision. It will sentence the defendant to a term of confinement not exceeding the term assessed by this jury. It may also require the defendant to pay any fine assessed by this jury that the jury recommended be suspended.
The duration of the period of community supervision will be determined by the court. It may not be for a period of longer than two years.
If you recommend that the defendant be placed on community supervision, the court must grant the defendant community supervision.
[Include the following if the applicable law requires certain mandatory conditions on community supervision.]
If the defendant is placed on community supervision, the court must impose certain conditions on the defendant. These mandatory conditions include the following:
[Insert list of conditions.]
In addition, if the defendant is granted community supervision, the court may impose any other reasonable condition that is designed to protect or restore the community; protect or restore the victim; or punish, rehabilitate, or restore the defendant. The conditions that the court may impose include, but are not limited to, the following:
[Insert list of conditions.]
During the period of community supervision, the court may, at any time, alter or modify the [include if applicable: nonmandatory] conditions imposed on the defendant.
[Include the following if the applicable law requires no mandatory conditions on community supervision.]
If the defendant is placed on community supervision, the court will determine what conditions to impose on the defendant. The conditions that the court may impose include, but are not limited to, the following:
[Insert list of conditions.]
During the period of community supervision, the court may, at any time, alter or modify the conditions imposed on the defendant.
You may recommend that the defendant be placed on community supervision only if you find the defendant has never been convicted of a felony in this or any other state.
If you decide to recommend that the defendant be placed on community supervision, you should indicate whether you recommend suspension of the term of confinement, any fine, or both.
If you decide not to recommend that the court suspend the sentence and place the defendant on community supervision, you should use the verdict form that does not recommend community supervision.
VERDICT—NO RECOMMENDATION OF COMMUNITY SUPERVISION
We, the jury, having found the defendant, [name], guilty of the offense of [offense], assess his punishment at: (select one)
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VERDICT—RECOMMENDATION OF COMMUNITY SUPERVISION
We, the jury, having found the defendant, [name], guilty of the offense of [offense], assess his punishment at: (select one)
We further find that the defendant has never been convicted of a felony and recommend he be placed on community supervision. We recommend suspension of: (select one)
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Comment
Jury consideration of community supervision is set out in Tex. Code Crim. Proc. arts. 42A.055, 42A.056.
Caution: This instruction does not address all possible circumstances under which community supervision may be unavailable or in which there may be special requirements for its imposition. See, e.g., Tex. Code Crim. Proc. arts. 42A.054, 42A.056, 42A.204. The parties must review the law carefully in light of the facts of the case at hand.